I think this is a valid point and a really interesting question. If that's the standard, we need to regulate all recommendation algorithms. (i.e. put limits on Twitter, Instagram, and YouTube as well.)
How could we regulate this? I can think of two ways:
- Results-based enforcement. i.e., companies are free to use whatever recommendation model they like, but have to recommend content within ideological bounds. i.e., you can't bias toward one partisanship more than X%. There's some precedent for this with the equal-time rule (https://en.wikipedia.org/wiki/Equal-time_rule) and FCC fairness doctrine (https://en.wikipedia.org/wiki/Fairness_doctrine).
- Algorithm-based enforcement. i.e., there are limits on the algorithm itself. Perhaps you have to present your algorithm to a government agency and provide a proof that it obeys certain properties. But the enforcement here is analytical rather than empirical.
How could we regulate this? I can think of two ways:
- Results-based enforcement. i.e., companies are free to use whatever recommendation model they like, but have to recommend content within ideological bounds. i.e., you can't bias toward one partisanship more than X%. There's some precedent for this with the equal-time rule (https://en.wikipedia.org/wiki/Equal-time_rule) and FCC fairness doctrine (https://en.wikipedia.org/wiki/Fairness_doctrine).
- Algorithm-based enforcement. i.e., there are limits on the algorithm itself. Perhaps you have to present your algorithm to a government agency and provide a proof that it obeys certain properties. But the enforcement here is analytical rather than empirical.