E-Business
Spontaneous Deregulation tests Regulatory Gaps on Digital Platforms

By Austin Okere
There is a perfect storm brewing on Twitter between the President of the United States of America, Donald J. Trump and Twitter Founder, Jack Dorsey.

“The Trump-Twitter fight ropes in the rest of Silicon Valley” was the screaming headline on Politico.com on Sunday, May 30, 2020.
President Donald Trump tweeted earlier this week about mail-in voting, alleging without evidence that the effort would lead to voter fraud.
For the first time, Twitter marked the tweet with a small notice that read “Get the facts about mail-in ballots,” which linked to facts-based reporting on the subject.
Twitter’s fact-check led Trump to issue an executive order targeting social media companies. The order involves Section 230 , part of a 1996 law that gives websites (including companies like Twitter and Facebook) the ability to moderate content on their sites without worrying about First Amendment violations.
Legal experts have said the move is possibly illegal and difficult to enforce. Facebook, meanwhile, has tried to stay out of the clash, with CEO Mark Zuckerberg weighing to say he has a much different view from Twitter on how Social Media Platforms should handle controversial political speech. Companies like Facebook and Twitter, Zuckerberg said, should not act as “the arbiter of truth.”
The relationship between platforms and regulation has been thorny right from the start and can at best, be described as a keg of gunpowder waiting to be triggered.
Has the time come for the trigger to be pulled? I wrote this article four years ago in June 2016, and it still captures the essence of this feud. What are your views on this fractious issue?
I facilitated a seminar for the Lagos Judiciary at the Lagos Business School in May 2016, with theme Digital Economy and Legal Regulation.
The aim of the program was to share insights on the emerging Digital Economy with their Lordships and draw attention to the imperative for regulatory evolution in the face of the pervasiveness of Online Platforms of the kind operated by technology giants such as Facebook, Google, Uber and Airbnb. There is hardly an area of economic and social interaction these days that is left untouched by these Platforms in some shape or form.
The Regulatory Gaps
Justice Opeyemi Oke, representing the Chief Judge of Lagos State receiving the certificate of Participation
To fill the regulatory gaps in the digital economy, these behemoths have resorted to what could be referred to as spontaneous deregulation.
I first encountered this term in an article by Benjamin Edelman and Damien Geradin, and have arisen as a result of digital disrupters ignoring laws and regulations that appear to preclude their business model, which is typically based on providing platforms for crowd sourcing and giving rise to the sharing economy.
Believing in the efficacy of their utility model and its appeal to a pent-up global demand, these disrupters seem to see many rules and regulations as belonging to the past and impractical for today’s innovative clime.
They therefore simply ignore them, opting for their own version of self-regulation, usually based on a mutual rating system between service providers and consumers. It is this skirting of existing regulation that is referred to as spontaneous private deregulation.
These disrupters make the rules for themselves as they go along, because in fairness to them, as their platforms reshape markets, the scope of activity subject to regulation tends to decrease, and various forms of protection disappear.
These companies operate in interstitial areas of the law because they present new and fundamentally different issues that were not foreseen when the governing statutes and regulations were enacted.
Two major areas in which these digital czars have riled the establishment are in transportation and hospitality; the major ‘culprits’ being UBER and Airbnb. UBER, until recently a relatively unknown company out of Silicon Valley in California employs 160,000 drivers today and is adding an average of 20,000 drivers every month.
This transport services disrupter is now valued at $41b and operates in many major cities across the globe. Airbnb, a previously obscure company with similar roots and reach, has over 1.5m accommodation on her platform, and is now valued at $25b.
The need for ‘platform fairness’
Axelle Lemaire, French secretary of state in charge of all things digital, insists that France is open to platform operators, but consumers have to be protected. She is sponsoring a law to be passed by the French Parliament which will create the principle of ‘Platform Fairness’.
Karnataka state in India, where Uber piloted its India service two years ago has directed taxi aggregators such as Uber to stop operations in the state until they secure a licence from the government, triggering sharp reactions from the corporate world.
Getting a licence would mean no more surge pricing, complying with the maximum fares fixed by the government periodically and registering with local transport authorities. The question is why has it taken the Karnataka government such a long time to wake up to regulatory gaps in her transport sector? And how many other cities are in this quagmire?
The U.S Supreme Court recently ended a decade-long battle over Google’s massive book-scanning project, declining to take up an appeal by authors who claimed the company violated copyright law ‘’on an epic scale’’.
The justices denied certiorari in Authors Guild v. Google, 15-849, leaving in place a ruling last year by the U.S. Court of Appeals for the Second Circuit that said Google’s project was permissible. The appeals court decision invoked the ‘’Fair Use’’ doctrine, which permits some ‘’socially beneficial’’ use of published works such as news reporting or research, that would otherwise constitute copyright infringement.
Airbnb has had its fair share of issues with one of her largest markets, New York. A major concern is the legal regime within which Airbnb operates; one that is marked by poorly drafted laws that fail to account for challenges presented by the sharing economy.
As explained by Airbnb cofounder Brian Chesky, “There were laws created for businesses, and there were laws for people. What the sharing economy did was create a third category: people as businesses,” to which the application of existing laws is often unclear. These new business models raise complex questions that have not yet been addressed by either legislatures or courts.
Because the threat of enforcement actions can have a chilling effect on start-ups and their users, state and local government officials should consider how their actions may affect burgeoning businesses. Officials should encourage the sharing economy’s growth through collaborative efforts rather than seek to protect incumbent businesses.
Regulation seems too slow in catching up
The slow pace of regulation evolution seems to strongly suggest that the legal profession itself is ripe for a technology revolution that will optimise the largely manual and laborious process of enacting laws and regulation in the face of the aggressive pace of digital innovation.
I recall the indignation of their Lordships when I cautioned that the learned profession could be more vulnerable than they think when it comes to disruption, and that emerging technologies like cognitive computing and other forms of machine learning can help narrow the gap between regulation and innovation.
Much as it may sound improbable, given its intrinsic consultative nature, I was not surprised when I came across an article on the World Economic Forum’s collaborative platform, announcing that a Law firm Baker & Hostetler has done just that!
Green shoots of technology in Law and Regulation
According to the article, Baker & Hostetler has announced that they are employing IBM’s AI Ross to handle their bankruptcy practice, which at the moment consists of nearly 50 lawyers.
Ross, “the world’s first artificially intelligent attorney” built on IBM’s cognitive computer Watson, was designed to read and understand language, postulate hypotheses when asked questions, research, and then generate responses (along with references and citations) to back up its conclusions. Ross also learns from experience, gaining speed and knowledge the more you interact with it.
“You ask your questions in plain English, as you would a colleague, and ROSS then reads through the entire body of law and returns a cited answer and topical readings from legislation, case law and secondary sources to get you up-to-speed quickly,” the website says. “In addition, ROSS monitors the law around the clock to notify you of new court decisions that can affect your case.”
Ross also minimizes the time it takes by narrowing down results from a thousand to only the most highly relevant answers, and presents the answers in a more casual, understandable language.
It also keeps up to date with developments in the legal system, specifically those that may affect your cases. According to CEO and co-founder Andrew Arruda, other firms have also signed licenses with Ross, and they will also be making announcements shortly.
This disruption, happening to the most unlikely profession, with a highly codified ethic is a clear manifestation that no industry is immune from disruption in the impending fourth industrial revolution.
Any industry that does not figure out how to be a part of it might as well write their obituaries. My take expressed to their Lordships after the seminar was that the digital revolution is like a train whose drivers are the entrepreneur disrupters.
The passengers are the global customers with a pent-up demand for the value and convenience that they provide. Naysayers to this phenomenon can stand in front of the train and be crushed, stay on the platform and be left behind, or come on board for a ride into progressive partnerships.
Regulators still have much to learn about how to deal with platforms. They have no choice than to get more involved and get the needed expertise. But will they? The jury is still out.
Austin Okere is the Founder of CWG Plc, the largest ICT Company on the Nigerian Stock Exchange & Entrepreneur in Residence at CBS, New York. Austin also serves on the Advisory Board of the Global Business School Network, and on the World Economic Forum Global Agenda Council on Innovation and Intrapreneurship. Austin now runs the Ausso Leadership Academy focused on Business and Entrepreneurial Mentorship.
E-Business
What the Retail and E-commerce Sector Should Expect in 2026 in Era of AI-driven Shopping and Privacy

In 2025, the retail and e-commerce sector continued to face intense pressure from cybercriminals. According to Kaspersky data, 14,41%* of users in the global retail sector encountered web-based threats, while 22,20% were affected by on-device attacks.

Ransomware remains a serious concern for the industry. Last year, 8,25% of retail and e-commerce companies experienced ransomware incidents, and the number of unique B2B users in the sector affected by ransomware detections rose by 152% compared to 2023, signalling a sharp escalation in targeted attacks.
Phishing also continues to be a major threat vector. Kaspersky identified 6.7 million phishing attacks targeting users of online stores, delivery services, and payment systems in 2025. More than half of these attacks (50,58%) were aimed specifically at online stores, underscoring cybercriminals’ focus on e-commerce platforms as high-value targets for fraud and data theft.
A look at 2025 cybersecurity for retail & e-commerce: Trends and what happened
A stealer with a taste for pizza delivery. Shopping and food ordering via mobile apps are routine user behaviours. However, 2025 demonstrated that even downloading a seemingly legitimate app from an official app store does not guarantee safety, nor does it ensure that user data and financial credentials will not be compromised.
Ransomware detections in the B2B sector increased due to a single dominant actor. The number of unique users in the Retail & E-commerce sector who encountered ransomware detections increased by 152% in 2025 compared to 2023 (Nov 2024 – Oct 2025 vs. Nov 2022 – Oct 2023).
The most significant growth occurred during the 2024-2025 period and is largely attributable to the rapid spread of the Trojan-Ransom.Win32. Dcryptor family, which became highly prevalent across the retail and e-commerce sector in some of the analysed markets. This malware is a trojanised ransomware variant that leverages the legitimate DiskCryptor utility to encrypt disk partitions on victim systems.
Phishing activity in the online retail segment stood out. Despite being a long-established attack technique, phishing remains highly prevalent in the context of online purchasing.
From November 2024 through to October 2025, Kaspersky products blocked 6,651,955 attempts to access phishing links targeting users of online stores, payment systems, and delivery services. Of these attempts, 50.58% targeted online shoppers, 27.3% impersonated payment systems, and 22.12% targeted users of delivery companies.
Sales seasons continue to do the work for attackers. Seasonal peaks in online shopping consistently provide attackers with predictable opportunities to scale user-focused attacks.
Periods of heightened promotional activity lower user vigilance and allow familiar phishing and spam scenarios to blend into legitimate marketing traffic, increasing their overall effectiveness.
Predictions: What retail & e-commerce cybersecurity might face in 2026
Chatbots are likely to become a common product discovery tool across online marketplaces. Unlike traditional search, conversational interfaces encourage users to share more detailed, natural-language requests, revealing preferences, constraints, and contextual information.
This shift expands the privacy attack surface, as platforms accumulate richer user profiles through chat interactions. As a result, chatbot logs may become as sensitive as transactional data, increasing the risks of over-collection, misuse, or exposure of personal information.
“Search itself is changing, including how people look for products online. In 2025, there was a gradual shift from simple keyword queries to more conversational and visual ways of finding what to buy. As these models rely on broader user input, careful handling of the data involved will remain an important consideration for maintaining user trust,” comments Anna Larkina, Web data and privacy analysis expert at Kaspersky.
Changes in taxes and trade rules might be exploited in online fraud. Modifications in taxes, import duties, and cross-border trade rules are likely to be used as lures in phishing campaigns and fraudulent online stores, promoting unrealistically cheap offers or claims of avoided fees.
As pricing and fee rules continue to evolve across markets, it may lower vigilance, increasing the effectiveness of such schemes, particularly against small and mid-sized retailers.
AI-powered shopping assistants are expected to increasingly operate outside retail platforms, embedding themselves into browsers, mobile apps, and third-party services. While designed to simplify navigation and price discovery, these tools shift data collection beyond the retailer’s perimeter, creating new and less visible privacy risks.
To function effectively, external AI shopping agents require continuous access to user behaviour, including browsing activity, search intent, location context and product interactions across multiple sites.
This enables the aggregation of detailed behavioural profiles outside the direct control of both users and retail platforms, increasing the risks of over-collection, opaque data usage, and unintended exposure.
Image-based product search might become a new challenge in privacy risks. Previously, the main privacy concern around user images in e-commerce was limited to photos voluntarily shared in product reviews.
However, image-based product search is expected to make photo uploads a routine part of the shopping experience across major retail platforms. While this feature improves product discovery, it also increases the risk of unintended exposure of personal data.
User-submitted images may contain faces, home environments, or sensitive details, such as names, phone numbers, or addresses visible on shipping labels or packaging, making secure processing, data minimisation, and limited retention critical requirements for retailers.
E-Business
Elon Musk Seeks $134Bn from OpenAI, Microsoft for ‘Wrongful Gains’

Elon Musk, billionaire Tesla owner, has asked a United States (US) federal court to award him up to $134 billion in damages from OpenAI and Microsoft, stating that the companies earned “wrongful gains” from his early support of the artificial intelligence startup.

Elon Musk,
This is according to a court filing, reported by Reuters.
In filings ahead of a trial expected to start in April in Oakland, California, Musk stated that OpenAI benefited between $65.5 billion and $109.4 billion from his contributions when he helped co-found the organisation in 2015, and Microsoft gained between $13.3 billion and $25.1 billion through its involvement.
He has asked a United States (US) federal court to award him up to $134 billion in damages from OpenAI and Microsoft, stating that the companies earned “wrongful gains” from his early support of the artificial intelligence startup.
This is according to a court filing, reported by Reuters.
In filings ahead of a trial expected to start in April in Oakland, California, Musk stated that OpenAI benefited between $65.5 billion and $109.4 billion from his contributions when he helped co-found the organisation in 2015, and Microsoft gained between $13.3 billion and $25.1 billion through its involvement.
Musk’s legal team argues that his early financial and strategic contributions, including approximately $38 million in seed funding, the recruitment of key personnel, and assistance in connecting founders with contacts, laid the foundation for the later success of OpenAI and Microsoft’s commercial AI efforts.
“Without Elon Musk, there’d be no OpenAI. He provided the bulk of the seed funding, lent his reputation, and taught them all he knew about scaling a business. A pre-eminent expert quantified the value of that,” Musk’s lead trial lawyer Steven Molo told Reuters.
“Just as an early investor in a startup company may realise gains many orders of magnitude greater than the investor’s initial investment, the wrongful gains that OpenAI and Microsoft have earned—and which Mr Musk is now entitled to disgorge—are much larger than Mr Musk’s initial contributions,” the filing said.
Musk, who left OpenAI’s board in 2018 and now leads AI company xAI, alleges that OpenAI violated its founding non-profit mission when it restructured to include a for-profit arm tied to Microsoft’s investment and commercial strategy.
Meanwhile, OpenAI has labelled the lawsuit “baseless” and part of a “harassment campaign” by Musk, and Microsoft’s legal team has said there is no evidence the company “aided and abetted” OpenAI in any wrongdoing.
Both companies have asked the judge to limit what Musk’s expert witness may present at trial, arguing that the damages calculations are unreliable and could mislead a jury.
According to Reuters, Musk’s filing says he may pursue punitive damages and other penalties, including a possible injunction, if the jury finds the companies liable, though it did not specify what form any injunction would take.
E-Business
Nigeria Targeted with 4,622 Cyber-attacks Per Week in December 2025

In December 2025, organisations globally faced sustained cyber pressure, as the average number of cyber-attacks per organisation per week reached 2 027, a 1% increase from the previous month and a 9% increase from December 2024.

This is according to December 2025 Global Cyber Attack Statistics by Check Point Research, the threat intelligence arm of Check Point Software Technologies.
According to the statistics, Latin America was the hardest hit, with companies experiencing an average of 3 065 cyber-attacks per week, a 26% year-over-year increase.
In contrast, Africa saw a decline in attacks, with Nigeria (4 622 attacks per week) and Angola (4 002 attacks per week) being the most targeted countries on the continent.
The report’s findings highlight the evolving cyber threat landscape, with ransomware and GenAI-driven data risks posing significant challenges to companies worldwide.
Ransomware attacks jumped 60% year over year, with 945 publicly reported incidents in December. Qilin was the most active ransomware operator, responsible for 18% of publicly disclosed attacks.
“Ransomware continues to scale through industrialised operations, while unmanaged GenAI usage is creating widespread data exposure at enterprise level,” said Omer Dembinsky, data research manager at Check Point Research.
The report noted the education sector was the most targeted industry globally, with 4 349 cyber attacks per week; followed by government (2 666 attacks per week); and associations and non-profits (2 509 attacks per week).
The widespread adoption of GenAI tools has introduced new cyber security risks, with one in 27 GenAI prompts posing a high risk of sensitive data leakage.
Experts warn that companies must prioritise prevention-first security, real-time AI threat intelligence and strong governance over AI tools to mitigate these risks.
Hendrik de Bruin, head of security consulting at Check Point Software, added: “Strengthening ransomware resilience, deploying AI-powered prevention and enforcing clear GenAI governance will be critical to reducing cyber risk in the year ahead.”
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