ABSTRACT
Chapter 2 takes up the contested issue of access to data and data wars. Protected by Section 230 of the 1996 Communications Decency Act, data lies at the heart of the Airbnb phenomenon. The chapter provides case studies of the data wars waged in four iconic American cities – New York, San Francisco, Los Angeles and Boston – where the majority of residents are renters and housing markets are stressed. While the struggle to assess Airbnb’s impact on their housing and neighborhoods and to draft effective regulatory policies have played out somewhat differently in each city, the four cities ultimately passed regulatory legislation, in some cases requiring the platforms to provide limited data. Although Airbnb has made some concessions, it has not given authorities in any city the data they need to efficiently monitor regulations or study impact. Moreover, the narratives are inconclusive and the data wars are ongoing as Airbnb’s litigious behavior results in long, costly legal battles. The lack of adequate data also impedes regulatory enforcement and creates costly externalities for cities.
