Business Improvement and Social media

Access to social media data by independent researchers is at the forefront of efforts to improve tech transparency. Article 40 of the European Union’s Digital Services Act (DSA) requires providers of very large online platforms and very large online search engines to provide vetted researchers with access to data, subject to certain conditions. In the United States, lawmakers are considering several bills, which vary in their details, that would require social media companies to provide data to researchers.

The report recommends that US lawmakers, in particular, may want to consider: Restricting access to research tools that offer public data, such as APIs, to vetted researchers. Requiring government entities to seek access to data subject to the Stored Communications Act only from providers of an electronic communications service or remote computing service subject to the Act’s requirements, and not from a researcher when the researcher obtained such data under a researcher access to data law. Requiring law enforcement agents to obtain a warrant, supported by probable cause, before they may access social media data obtained by researchers under a researcher access to data law, in addition to (2) (with respect to data not covered by the Stored Communications Act) or as an alternative to (2). Prohibiting researchers from voluntarily disclosing data. Enacting a federal shield law and expanding state shield laws to clearly cover researchers. The report recommends that EU lawmakers, in particular, may want to consider: Requiring data sharing agreements that prohibit researchers from sharing data with any other party unless legally obligated to do so. Additional transparency obligations for social media platforms and independent researchers.