[{"data":1,"prerenderedAt":-1},["ShallowReactive",2],{"doc-detail-135255-en":3,"doc-seo-135255-105":31,"detail-sidebar-cat-0-en-105":92},{"code":4,"msg":5,"data":6},0,"success",{"doc_id":7,"user_id":8,"nickname":9,"user_avatar":10,"doc_module":4,"category_id":11,"category_name":12,"doc_title":13,"doc_description":14,"doc_content":15,"file_id":16,"file_url":17,"file_type":18,"file_size":19,"view_count":20,"is_deleted":4,"is_public":21,"is_downloadable":21,"audit_status":21,"page_count":22,"language":23,"language_code":24,"site_id":25,"html_lang":24,"table_of_contents":26,"faqs":27,"seo_title":28,"seo_description":14,"update_tm":29,"read_time":30},135255,962084931830,"Jacob","https://ap-avatar.wpscdn.com/davatar_a8503ba1806abce46bf441b54a3ca4cd",8,"Research & Report","THREE SIZES FIT SOME: WHY CONTENT REGULATION NEEDS TEST SUITES - Article 3","The European Union’s Digital Services Act (DSA) creates size-based tiers to regulate online services that let users post content. A companion copyright-focused rule, Article 17, follows the same approach, but the framework relies on assumptions about “the internet” that overlook important differences across platforms. Using three examples—user counting, due process, and copyright-specific obligations—the article argues the tiered design lacks true proportionality. It recommends regulators employ test suites of differently situated services to better identify targets and reflect existing diversity.","THREE SIZES FIT SOME: WHY CONTENT REGULATION NEEDS TEST SUITES  \nRebecca Tushnet†  \nABSTRACT  \nThe European Union’s Digital Services Act (DSA) offers a new model for regulating online services that allow users to post things. It uses size-based tiers to delineate the different levels of obligation imposed on various services. Despite the tiers of regulation in the DSA, and very much in its copyright-specific companion Article 17, it’s evident that the broad contours of the new rules were written with insufficient attention to variation. Instead, regulators assumed that “the internet” largely behaved like YouTube and Facebook. Using three examples of how that model is likely to be bad for a thriving online ecosystem—counting users, providing due process, and implementing copyright-specific rules—this Article concludes that, to improve policymaking, regulators should use test suites of differently situated services to ensure that they are at least considering existing diversity and properly identifying their targets.  \nTABLE OF CONTENTS  \nI. INTRODUCTION .............................................................................. 921  \nII. COUNTING USERS ........................................................................... 922  \nIII. PROVIDING DUE PROCESS ........................................................... 926  \nIV. COPYRIGHT-SPECIFIC RULES ...................................................... 929  \nV. TOWARDS TRUE PROPORTIONALITY IN REGULATION ...... 930  \nVI. CONCLUSION: TAKING THE MULTITUDES INTO ACCOUNT.............................................................................................................. 931  \nI. INTRODUCTION  \nThe European Union’s Digital Services Act (DSA) offers a new model for regulating online services that allows users to post content online, as does its copyright-specific companion Article 17. Both sets of rules attempt to use tiers to distinguish among types of services. In general, smaller or otherwise less-commercial endeavors have fewer obligations. Despite these gestures towards customization, the broad contours of the new rules were written with  \nDOI: [https://doi.org/10.15779/Z386688K73](https://doi.org/10.15779/Z386688K73)  \n© 2023 Rebecca Tushnet.  \n† Frank Stanton Professor of First Amendment Law, Harvard Law School.  \n922 BERKELEY TECHNOLOGY LAW JOURNAL [Vol. 38:921  \ninsufficient attention to variation, in part because the regulators were thinking about YouTube and Facebook as shorthand for “the internet” in full. This brief Article will discuss three examples of how that totalizing model is likely to damage a thriving online ecosystem. Problems of service variation—even among platforms that host substantial amounts of user-generated content—arise in counting users, providing due process, and implementing copyrightspecific rules. The crude tiers in the system risk creating the situation they presume: an internet with substantially less variation. And this is unlikely to be good for creators, consumers, or anyone else.  \nThis Article concludes by recommending the use of test suites in which regulators ask whether a variety of differently situated services have the features about which the regulations are concerned. This will increase the chances that regulators at least consider the existing diversity of internet services and increase the chances that they properly identify their targets.  \nII. COUNTING USERS  \nThe first issue is the smallest but reveals the underlying complexity of the problems of regulation at the very outset of the regulatory process. As Martin Husovec wrote,1 placement in the tiers depends on monthly active users of the service, which explicitly extends beyond registered users to recipients who have “engaged” with an online platform “by either requesting the online platform to host information or being exposed to information hosted by the online platform and disseminated through its online interface.”2 While a recital clarifies that multi-device","cbCaia5eqjcRzqS8","https://ap.wps.com/l/cbCaia5eqjcRzqS8","pdf",321872,2,1,12,"English","en",105,"# Introduction\n# Counting Users\n# Providing Due Process\n# Copyright-Specific Rules\n# Towards True Proportionality in Regulation\n# Conclusion: Taking the Multitudes into Account","[{\"question\":\"What regulatory model does the Digital Services Act use for online content services?\",\"answer\":\"It uses size-based tiers to distinguish obligations among services, assigning different levels of responsibility based on service characteristics such as user metrics.\"},{\"question\":\"Why does the article argue that tiering can fail in practice?\",\"answer\":\"The tier framework assumes that “the internet” behaves uniformly, but real services vary significantly, which affects measurement, procedural fairness, and how copyright-related duties apply.\"},{\"question\":\"What solution does the article propose to improve policymaking?\",\"answer\":\"Regulators should use test suites made from differently situated services, checking whether the regulations’ concerns are properly addressed across that diversity.\"}]","THREE SIZES FIT SOME: WHY CONTENT REGULATION NEEDS TEST SUITES - 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