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Ever since social activity on the Internet began migrating from the wilds ofthe open web to the walled gardens erected by so-called platforms, debates haveraged about the responsibilities that these platforms ought to bear. And yet,despite intense scrutiny from the news media and grassroots movements ofoutraged users, platforms continue to operate, from a legal standpoint, on thefriendliest terms. Under the current regulatory framework, platformssimultaneously benefit from: (1) broad discretion to organize (and censor)content however they choose; (2) powerful algorithms for curating a practicallylimitless supply of user-posted microcontent according to whatever ends theywish; and (3) absolution from the sorts of liability born by creators of theunderlying content. In this paper, we contest the very validity of theplatform-creator distinction, arguing that it is ill-adapted to the modernsocial media landscape where, in a real sense, platforms are creatingderivative media products. We argue that any coherent regulatory framework mustadapt to this reality, recognizing the subtle continuum of activities that spanthe curation-creation spectrum, providing a finer system of categorization andclearer guidance for precisely when platforms assume the responsibilitiesassociated with content creation.

When Curation Becomes Creation: Algorithms, Microcontent, and the Vanishing Distinction between Platforms and Creators