Generative search and shadow banning threaten the open web ecosystem

Danny Friedmann's paper 'Great Disappearance Acts: Generative Search and Shadow Banning' (arXiv:2606.11216, to appear in the German Law Journal) examines two opaque online practices that undermine the open web. Generative search, powered by Retrieval-Augmented Generation (RAG), compiles content from multiple sources into direct answers, effectively diverting traffic away from original websites. This threatens the financial sustainability of independent content creators and small businesses who rely on clicks and ad revenue. The paper also covers shadow banning—algorithmic moderation that intentionally reduces the visibility of posts without explicit notification—which chills free expression and lacks accountability.

The paper takes a legal and regulatory lens, first analyzing generative search through copyright infringement, unfair competition, and unjust enrichment claims. It evaluates potential remedies like licensing agreements and agentic AI. The second part compares China's Regulation on Algorithmic Recommendations (RAR) and the EU's Artificial Intelligence Act (AIA) as partial solutions to shadow banning, but finds both lack robust transparency and redress mechanisms. Friedmann argues that centralized control by dominant platforms prioritizes profit and risk management over innovation and diversity. He calls for regulatory interventions, algorithmic transparency, and equitable frameworks to preserve the internet as a democratized public sphere.