In Section I, this article explains the issues within Airbnb and why they need addressing. Section II explains the current state of Airbnb regulation and identifies the loopholes within that regulation that harm consumers. Section III shows why Section 230 of the Communications Decency Act protects Airbnb from some regulations, but why it also allows harm to persist against Airbnb. Section IV will posit that the Federal Trade Commission should oversee a broad, context-based regulation of Airbnb to protect consumers through a risk management reporting mechanism similar to the financial reporting to the Securities and Exchange Commission required under the Sarbanes-Oxley Act. Finally, this article will conclude that this reporting structure will adequately address fraud perpetrated on consumers by Airbnb without infringing on Section 230 speech protections.
Fraud on Airbnb: How to Regulate an Emerging and Problematic Industry,
44 J. Nat’l Ass’n Admin. L. Judiciary
Available at: https://digitalcommons.pepperdine.edu/naalj/vol44/iss1/5