"A State in the disguise of a Merchant": Tech Leviathans and the rule of law

The rule of law is a check on power, requiring equalsubjection of everyone to the law, irrespective of wealth or status. Power isnot the exclusive preserve of the state, however, especially where rivalled by privateentities that rise, in effect, above the law. Today's tech giants throw therule of law out of kilter by assuming the trappings of the state- one even hasits own "supreme court"- while shunning its accountability. They seek to dissuade,capture and evade any attempt by the state to mitigate the harms arising fromtheir business models. Policymakers scrambling for innovative legislativetechniques are unlikely to repair the consequences of extreme concentration ofcorporate power so long as underlying social injustices and over-deference indemocratic institutions go unchallenged. Leviathan, whether in the form of governmentor corporation, cannot coexist with the rule of law.