Visiting Scholars Forum

"The Myth of Neutral Platforms: How Law Should Understand Technology" presented by visiting scholar Miriam Buitan who is a Professor of Law and Economics and a Vice Director of the Institute of Law and Economics at the University of St. Gallen.

Tuesday, April 7, 2026
12:30 PM to 1:45 PM
WJW 103

The Myth of Neutral Platforms: How Law Should Understand Technology

Legal debates about technology are often shaped by a form of “tech exceptionalism”: the recurring claim that because something is technological, it is fundamentally different and requires special regulatory treatment. This narrative is particularly visible in the regulation of online platforms, which often present themselves as “just tech” companies—neutral intermediaries facilitating user activity rather than shaping it. This talk challenges that framing. It argues that effective regulation must look beyond technology as such and focus instead on the underlying problems and forms of power at stake. Using platforms as a central example, the talk shows how a technology-focused approach can obscure their actual role as actors that curate, rank, and structure information flows, and that design systems to influence user behaviour. Treating platforms primarily as technology risks mischaracterizing their influence and sidestepping established legal principles. Against this background, the talk argues for embedding technology within existing legal frameworks and principles, rather than multiplying technology-specific regulation. As digital systems increasingly permeate all sectors, the challenge is not how to regulate “technology,” but how to ensure that law addresses its societal impact in a principled, coherent way.

Miriam Buiten is a Professor of Law and Economics and a Vice Director of the Institute of Law and Economics at the University of St. Gallen. She is also a Research Fellow at the Centre on Regulation in Europe (CERRE) in Brussels and a co-founder of the HSG Law & Tech Lab. Her research focuses on internet governance, AI governance, and competition law. In 2024, she was awarded the Latsis Prize for her work on how law can shape technology and digital platforms. Her book Beyond Safe Harbours in Platform Liability: A Theory of Responsibility in the Digital Age is forthcoming with Oxford University Press.