Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Privacy (4)
- Algorithmic governance (2)
- Artificial intelligence (2)
- Automation (2)
- Content moderation (2)
-
- Free speech (2)
- Internet intermediaries (2)
- Internet platforms (2)
- Private governance (2)
- Private platforms (2)
- Surveillance (2)
- Code of conduct (1)
- Commercial speech (1)
- Copyright (1)
- Data brokers (1)
- Defamation (1)
- European law (1)
- First Amendment (1)
- Global administrative law (1)
- Global governance (1)
- Public records (1)
- Right to be forgotten (1)
- Speech (1)
- Publication
- Publication Type
Articles 1 - 5 of 5
Full-Text Articles in Privacy Law
Content Moderation As Surveillance, Hannah Bloch-Wehba
Content Moderation As Surveillance, Hannah Bloch-Wehba
Faculty Scholarship
Technology platforms are the new governments, and content moderation is the new law, or so goes a common refrain. As platforms increasingly turn toward new, automated mechanisms of enforcing their rules, the apparent power of the private sector seems only to grow. Yet beneath the surface lies a web of complex relationships between public and private authorities that call into question whether platforms truly possess such unilateral power. Law enforcement and police are exerting influence over platform content rules, giving governments a louder voice in supposedly “private” decisions. At the same time, law enforcement avails itself of the affordances of …
Fact Or Phallus? Considering The Constitutionality Of Texas's Cyber-Flashing Law Under The True Threat Doctrine, Brenna Cheyne Miller
Fact Or Phallus? Considering The Constitutionality Of Texas's Cyber-Flashing Law Under The True Threat Doctrine, Brenna Cheyne Miller
Texas A&M Law Review
As societal reliance on digital and online communication continues to grow, courts are grappling with how best to provide legal recourse for novel, technology-related issues while still protecting American citizens’ First Amendment right to free speech. The State of Texas recently enacted Penal Code section 21.19, which criminalizes the transmission of unsolicited sexually explicit images to another person—or as it is commonly known, “cyber-flashing.” Cyber-flashing occurs through digital and online platforms, including text messages, apps, and social media. Section 21.19 is one of the first statutes of its kind in the United States. In the age of “dick pics,” this …
Automation In Moderation, Hannah Bloch-Wehba
Automation In Moderation, Hannah Bloch-Wehba
Faculty Scholarship
This Article assesses recent efforts to encourage online platforms to use automated means to prevent the dissemination of unlawful online content before it is ever seen or distributed. As lawmakers in Europe and around the world closely scrutinize platforms’ “content moderation” practices, automation and artificial intelligence appear increasingly attractive options for ridding the Internet of many kinds of harmful online content, including defamation, copyright infringement, and terrorist speech. Proponents of these initiatives suggest that requiring platforms to screen user content using automation will promote healthier online discourse and will aid efforts to limit Big Tech’s power.
In fact, however, the …
Global Platform Governance: Private Power In The Shadow Of The State, Hannah Bloch-Wehba
Global Platform Governance: Private Power In The Shadow Of The State, Hannah Bloch-Wehba
Faculty Scholarship
Online intermediaries—search engines, social media platforms, even e-commerce businesses—are increasingly required to make critical decisions about free expression, individual privacy, and property rights under domestic law. These requirements arise in contexts that include the right to be forgotten, hate speech, “terrorist” speech, and copyright and intellectual property. At the same time, these disputes about online speech are increasingly borderless. Many laws targeting online speech and privacy are explicitly extraterritorial in scope. Even when not, some courts have ruled that they have jurisdiction to enforce compliance on a global scale. And governments are also demanding that platforms remove content—on a global …
Second Class For The Second Time: How The Commercial Speech Doctrine Stigmatizes Commercial Use Of Aggregated Public Records, Brian N. Larson, Genelle I. Belmas
Second Class For The Second Time: How The Commercial Speech Doctrine Stigmatizes Commercial Use Of Aggregated Public Records, Brian N. Larson, Genelle I. Belmas
Faculty Scholarship
This Article argues that access to aggregated electronic public records for commercial use should receive protection under the First Amendment in the same measure as the speech acts the access supports. In other words, we view commercial access to aggregated public records as an essential means to valuable speech. For many, however, the taint of the commercial speech doctrine is turning all “information flows” into commercial ones. This, in turn, is threatening the access to government records.