The technological due process in the provision of digital services (digital content treatment) under the responsibility of big techs

Abstract

The article addresses an introductory perspective on the technological due process and the provision of digital services for the treatment (moderation) of digital content, carried out by digital platforms and “Big Techs” to consumers. The study presents discussion orders for technological due process, a broader one, which is related to algorithm, automated decision-making, and another related to content moderation activities, transparency and adequate information, privacy, content access control digital. It questions the extent to which there is responsibility for the lack of transparency and minimum requirements to carry out the Digital Content Treatment – DCT. The focus of the research is to identify the regulatory gap and learn about the international panorama on the regulation of digital platforms and services, investigate and list findings of information asymmetries in DCT under the responsibility of big techs, present a concrete case with a collective impact that portrays the lack of transparency, the absence of requirements that violate technological due process and violate the principle of parity of arms. In the end, it directs the technical discussion and final considerations to the improvement of requirements for technological due process and ways to expand the right of consumers in the treatment of digital content.