danah boyd wrote in a 2010 essay (“Facebook is a utility; utilities get regulated”, http://www.zephoria.org/thoughts/archives/2010/05/15/faceboo...):

“In my post yesterday, I emphasized that what’s at stake with Facebook today is not about privacy or publicity but informed consent and choice. Facebook speaks of itself as a utility while also telling people they have a choice. But there’s a conflict here. We know this conflict deeply in the United States. When it comes to utilities like water, power, sewage, Internet, etc., I am constantly told that I have a choice. But like hell I’d choose Comcast if I had a choice. Still, I subscribe to Comcast. Begrudgingly. Because the “choice” I have is Internet or no Internet.

“I hate all of the utilities in my life. Venomous hatred. And because they’re monopolies, they feel no need to make me appreciate them. Cuz they know that I’m not going to give up water, power, sewage, or the Internet out of spite. Nor will most people give up Facebook, regardless of how much they grow to hate them.”

and

“Thus far, in the world of privacy, when a company oversteps its hand, people flip out, governments threaten regulation, and companies back off. This is not what’s happening with Facebook. Why? Because they know people won’t leave and Facebook doesn’t think that regulators matter. In our public discourse, we keep talking about the former and ignoring the latter. We can talk about alternatives to Facebook until we’re blue in the face and we can point to the handful of people who are leaving as “proof” that Facebook will decline, but that’s because we’re fooling ourselves. If Facebook is a utility – and I strongly believe it is – the handful of people who are building cabins in the woods to get away from the evil utility companies are irrelevant in light of all of the people who will suck up and deal with the utility to live in the city. This is going to come down to regulation, whether we like it or not.

“The problem is that we in the tech industry don’t like regulation. Not because we’re evil but because we know that regulation tends to make a mess of things. We like the threat of regulation and we hope that it will keep things at bay without actually requiring stupidity. So somehow, the social norm has been to push as far as possible and then pull back quickly when regulatory threats emerge. Of course, there have been exceptions. And I work for one of them. Two decades ago, Microsoft was as arrogant as they come and they didn’t balk at the threat of regulation. As a result, the company spent years mired in regulatory hell. And being painted as evil. The company still lives with that weight and the guilt wrt they company’s historical hubris is palpable throughout the industry.

“I cannot imagine that Facebook wants to be regulated, but I fear that it thinks that it won’t be. There’s cockiness in the air. Personally, I don’t care whether or not Facebook alone gets regulated, but regulation’s impact tends to extend much further than one company. And I worry about what kinds of regulation we’ll see. Don’t get me wrong: I think that regulators will come in with the best of intentions; they often (but not always) do. I just think that what they decide will have unintended consequences that are far more harmful than helpful and this makes me angry at Facebook for playing chicken with them. I’m not a libertarian but I’ve come to respect libertarian fears of government regulation because regulation often does backfire in some of the most frustrating ways. (A few weeks ago, I wrote a letter to be included in the COPPA hearings outlining why the intention behind COPPA was great and the result dreadful.) The difference is that I’m not so against regulation as to not welcome it when people are being screwed. And sadly, I think that we’re getting there. I just wish that Facebook would’ve taken a more responsible path so that we wouldn’t have to deal with what’s coming. And I wish that they’d realize that the people they’re screwing are those who are most vulnerable already, those whose voices they’ll never hear if they don’t make an effort.”