Big tech has defeated everything for 30 years, but for the first time faces something it can’t control: a jury

A Los Angeles courtroom is hosting what may become the most consequential legal challenge Big Tech has ever faced.

This is an inflection point in the global debate over Big Tech liability: For the first time, an American jury is being asked to decide whether platform design itself can give rise to product liability – not because of what users post on them, but because of how they were built.

As a technology policy and law scholar, I believe that the decision, whatever the outcome, will likely generate a powerful domino effect in the United States and across jurisdictions worldwide.

The case

The plaintiff is a 20-year-old California woman identified by her initials, K.G.M. She said she began using YouTube around age 6 and created an Instagram account at age 9. Her lawsuit and testimony allege that the platforms’ design features, which include likes, algorithmic recommendation engines, infinite scroll, autoplay and deliberately unpredictable rewards, got her addicted...