Cornell Law Review Volume 93 Article 11 Issue 6 September 2008 Federal Search Commission - Access, Fairness, and Accountability in the Law of Search Oren Bracha Frank Pasquale Follow this and additional works at: http://scholarship.law.cornell.edu/clr Part of the Law Commons Recommended Citation Oren Bracha and Frank Pasquale, Federal Search Commission - Access, Fairness, and Accountability in the Law of Search, 93 Cornell L. Rev. 1149 (2008) Available at: http://scholarship.law.cornell.edu/clr/vol93/iss6/11 This Article is brought to you for free and open access by the Journals at Scholarship@Cornell Law: A Digital Repository. It has been accepted for inclusion in Cornell Law Review by an authorized administrator of Scholarship@Cornell Law: A Digital Repository. For more information, please contact
[email protected]. FEDERAL SEARCH COMMISSION? ACCESS, FAIRNESS, AND ACCOUNTABILITY IN THE LAW OF SEARCH Oren Bracha & Frank Pasqualet Should search engines be subject to the types of regulation now applied to personal data collectors, cable networks, or phone books? In this Article, we make the case for some regulation of the ability of search engines to ma- nipulate and structure their results. We demonstrate that the First Amend- ment, properly understood, does not prohibit such regulation. Nor will such intervention inevitably lead to the disclosure of important trade secrets. After setting forth normativefoundations for evaluating search engine manipulation, we explain how neither market discipline nor technological advance is likely to stop it. Though savvy users and personalizedsearch may constrain abusive companies to some extent, they have little chance of check- ing untoward behavior by the oligopolists who now dominate the search mar- ket.