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Full-Text Articles in Law
Network Accountability For The Domestic Intelligence Apparatus, Danielle Keats Citron, Frank Pasquale
Network Accountability For The Domestic Intelligence Apparatus, Danielle Keats Citron, Frank Pasquale
Faculty Scholarship
A new domestic intelligence network has made vast amounts of data available to federal and state agencies and law enforcement officials. The network is anchored by “fusion centers,” novel sites of intergovernmental collaboration that generate and share intelligence and information. Several fusion centers have generated controversy for engaging in extraordinary measures that place citizens on watch lists, invade citizens’ privacy, and chill free expression. In addition to eroding civil liberties, fusion center overreach has resulted in wasted resources without concomitant gains in security.
While many scholars have assumed that this network represents a trade-off between security and civil liberties, our …
Intermediaries And Hate Speech: Fostering Digital Citizenship For Our Information Age, Danielle Keats Citron, Helen L. Norton
Intermediaries And Hate Speech: Fostering Digital Citizenship For Our Information Age, Danielle Keats Citron, Helen L. Norton
Faculty Scholarship
No longer confined to isolated corners of the web, cyber hate now enjoys a major presence on popular social media sites. The Facebook group Kill a Jew Day, for instance, acquired thousands of friends within days of its formation, while YouTube has hosted videos with names like How to Kill Beaners, Execute the Gays, and Murder Muslim Scum. The mainstreaming of cyber hate has the troubling potential to shape public expectations of online discourse.
Internet intermediaries have the freedom and influence to seize this defining moment in cyber hate’s history. We believe that a thoughtful and nuanced intermediary-based …
Dominant Search Engines: An Essential Cultural & Political Facility, Frank Pasquale
Dominant Search Engines: An Essential Cultural & Political Facility, Frank Pasquale
Faculty Scholarship
When American lawyers talk about "essential facilities," they are usually referring to antitrust doctrine that has required certain platforms to provide access on fair and nondiscriminatory terms to all comers. Some have recently characterized Google as an essential facility. Antitrust law may shape the search engine industry in positive ways. However, scholars and activists must move beyond the crabbed vocabulary of competition policy to develop a richer normative critique of search engine dominance.
In this chapter, I sketch a new concept of "essential cultural and political facility," which can help policymakers recognize and address situations where a bottleneck has become …