Regulating Social Media: The Fight Over Section 230 and Beyond


Report by Paul M. Barrett: “Recently, Section 230 of the Communications Decency Act of 1996 has come under sharp attack from members of both political parties, including presidential candidates Donald Trump and Joe Biden. The foundational law of the commercial internet, Section 230 does two things: It protects platforms and websites from most lawsuits related to content posted by third parties. And it guarantees this shield from liability even if the platforms and sites actively police the content they host. This protection has encouraged internet companies to innovate and grow, even as it has raised serious questions about whether social media platforms adequately self-regulate harmful content. In addition to the assaults by Trump and Biden, members of Congress have introduced a number of bills designed to limit the reach of Section 230. Some critics have asserted unrealistically that repealing or curbing Section 230 would solve a wide range of problems relating to internet governance. These critics also have played down the potentialy dire consequences that repeal would have for smaller internet companies. Academics, think tank researchers, and others outside of government have made a variety of more nuanced proposals for revising the law. We assess these ideas with an eye toward recommending and integrating the most promising ones. Our conclusion is that Section 230 ought to be preserved—but that it can be improved…(More)”

How to See What the World Is Teaching Us About COVID-19


Essay by Karabi Acharya: “At the global learning team at the Robert Wood Johnson Foundation, it has been exciting to see people looking at what the world can teach us, whether that be how China is handling COVID-19, South Korea’s drive-through testing, or New Zealand’s elimination of the virus under Jacinda Ardern’s leadership. Yet in a survey conducted by Candid in early 2020 of foundations located in the US, 73 percent of respondents reported that their domestic grantmaking was rarely or not at all informed or inspired by ideas and solutions from around the globe and beyond US borders. 

These practices may be shifting. Those of us working in philanthropy, government, and social change are trying to learn as much about COVID-19 as possible, and that naturally includes looking abroad. Yet what will we actually see when we do? Too often, our vision is obscured by bias, and as we try to distinguish news from noise, good intentions are often not enough. We must ask ourselves critical questions, and train ourselves to overcome our biases.

Here are four ways to see the world in a new light, as we look to come out of the pandemic’s darkness:

Seeing Beyond the Familiar

COVID-19 has no borders and the same with good ideas. But too often, we are limited by what has been called the “country of origin effect,” a psychological effect in which people understand the quality and relevance of an object or idea by the country it comes from. In short, we tend to look for ideas from countries that are demographically, culturally, economically, or politically similar to us. In the US, this can mean we overvalue learning from Europe and undervalue learning from low- and middle-income countries.

Yet countries like Nigeria have much to teach us about contract tracing and mitigation from their experience eradicating the Ebola outbreak, just as Ghana’s innovative testing and taxation policies (including a three month tax holiday for health care workers) are balancing protecting health and the economy. In example after example of necessity being the mother of invention, African nations are leading the way in innovation: developing low-cost tests for under $1, using zipline drones to transport the tests to testing sites, and leveraging its cashless digital payment infrastructure to facilitate social distancing. Another often-ignored source of inspiration are Indigenous cultural practices, where ideas and practices centered around collective well-being can be instructive for us as we tackle issues of inequity arising out of COVID…

In other words, we look to other countries with the hope that doing so will change how we see our own, opening our imaginations to new ideas, solutions, and futures. This is only possible if we can overcome our biases that impair our ability to see the solutions around us. 

COVID-19 will be studied for generations to come. But what the world will learn will depend on what we were able to see today. Did we seek out solutions from every corner of the world? Did we bring on the journey those who would most benefit from what the world had to offer? Did we recognize the underlying conditions that exacerbate inequity or help overcome it? Was our imagination strong enough to see how we can create the kind of society that allows everyone the opportunity to live healthy and happier lives?…(More)”

Law and Technology Realism


Paper by Thibault Schrepel: “One may identify two current trends in the field of “Law and Technology.” The first trend concerns technological determinism. Some argue that technology is deterministic: the state of technological advancement is the determining factor of society. Others oppose that view, claiming it is the society that affects technology. The second trend concerns technological neutrality. some say that technology is neutral, meaning the effects of technology depend entirely on the social context. Others defend the opposite: they view the effects of technology as being inevitable (regardless of the society in which it is used).

<p><em><strong>Figure 1</strong></em></p>
Figure 1

While it is commonly accepted that technology is deterministic, I am under the impression that a majority of “Law and Technology” scholars also believe that technology is non-neutral. It follows that, according to this dominant view, (1) technology drives society in good or bad directions (determinism), and that (2) certain uses of technology may lead to the reduction or enhancement of the common good (non-neutrality). Consequently, this leads to top-down tech policies where the regulator has the impossible burden of helping society control and orient technology to the best possible extent.

This article is deterministic and non-neutral.

But, here’s the catch. Most of today’s doctrine focuses almost exclusively on the negativity brought by technology (read Nick Bostrom, Frank Pasquale, Evgeny Morozov). Sure, these authors mention a few positive aspects, but still end up focusing on the negative ones. They’re asking to constrain technology on that sole basis. With this article, I want to raise another point: technology determinism can also drive society by providing solutions to centuries-old problems. In and of itself. This is not technological solutionism, as I am not arguing that technology can solve all of mankind’s problems, but it is not anti-solutionism either. I fear the extremes, anyway.

To make my point, I will discuss the issue addressed by Albert Hirschman in his famous book Exit, Voice, and Loyalty (Harvard University Press, 1970). Hirschman, at the time Professor of Economics at Harvard University, introduces the distinction between “exit” and “voice.” With exit, an individual exhibits her or his disagreement as a member of a group by leaving the group. With voice, the individual stays in the group but expresses her or his dissatisfaction in the hope of changing its functioning. Hirschman summarizes his theory on page 121, with the understanding that the optimal situation for any individual is to be capable of both “exit” and “voice“….(More)”.

Why hypothesis testers should spend less time testing hypotheses


Paper by Scheel, Anne M., Leonid Tiokhin, Peder M. Isager, and Daniel Lakens: “For almost half a century, Paul Meehl educated psychologists about how the mindless use of null-hypothesis significance tests made research on theories in the social sciences basically uninterpretable (Meehl, 1990). In response to the replication crisis, reforms in psychology have focused on formalising procedures for testing hypotheses. These reforms were necessary and impactful. However, as an unexpected consequence, psychologists have begun to realise that they may not be ready to test hypotheses. Forcing researchers to prematurely test hypotheses before they have established a sound ‘derivation chain’ between test and theory is counterproductive. Instead, various non-confirmatory research activities should be used to obtain the inputs necessary to make hypothesis tests informative.

Before testing hypotheses, researchers should spend more time forming concepts, developing valid measures, establishing the causal relationships between concepts and their functional form, and identifying boundary conditions and auxiliary assumptions. Providing these inputs should be recognised and incentivised as a crucial goal in and of itself.

In this article, we discuss how shifting the focus to non-confirmatory research can tie together many loose ends of psychology’s reform movement and help us lay the foundation to develop strong, testable theories, as Paul Meehl urged us to….(More)”

The Road Back to College Is Paved with Barriers, but Behavioral Science Can Help Smooth the Way


Blog by Katherine Flaschen and Ben Castleman: “In order to create the most effective solutions, policymakers and educators need to better understand a fundamental question: Why do so many of these students, many of whom have already made substantial progress toward their degree, fail to return to college and graduate? …

With a better understanding of the barriers preventing people who intend to finish their degree from following through, policymakers and colleges can create solutions that meaningfully meet students’ needs and help them re-enroll. As states across the country face rising unemployment rates, it’s critical to design and test interventions that address these behavioral barriers and help thousands of citizens who are out of work due to the COVID-19 crisis consider their options for going back to school.

For example, colleges could provide monetary incentives to students for taking actions related to re-enrollment that overcome these barriers, such as speaking with an advisor, reviewing upcoming recommended courses and developing a course plan, and making an active choice about when to return to college. In addition, SCND students could be paired with current students to serve as peer mentors, both to provide support with the re-enrollment process and to hold them accountable for degree completion (especially if faced with difficult remaining classes). Community colleges could also encourage major employers of the SCND population in high-demand fields, like health care, to provide options for employees to finish their degree while working (e.g., via tuition reimbursement programs), translate degree attainment into concrete career returns, and identify representatives within the company, such as recent graduates, to promote re-enrollment and make it a more salient opportunity….(More)”.

Digital Diplomacy and International Organisations: Autonomy, Legitimacy and Contestation


Book edited by Corneliu Bjola and Ruben Zaiotti: “This book examines how international organisations (IOs) have struggled to adapt to the digital age, and with social media in particular.

The global spread of new digital communication technologies has profoundly transformed the way organisations operate and interact with the outside world. This edited volume explores the impact of digital technologies, with a focus on social media, for one of the major actors in international affairs, namely IOs. To examine the peculiar dynamics characterising the IO–digital nexus, the volume relies on theoretical insights drawn from the disciplines of International Relations, Diplomatic Studies, Media, and Communication Studies, as well as from Organisation Studies.

The volume maps the evolution of IOs’ “digital universe” and examines the impact of digital technologies on issues of organisational autonomy, legitimacy, and contestation. The volume’s contributions combine engaging theoretical insights with newly compiled empirical material and an eclectic set of methodological approaches (multivariate regression, network analysis, content analysis, sentiment analysis), offering a highly nuanced and textured understanding of the multifaceted, complex, and ever-evolving nature of the use of digital technologies by international organisations in their multilateral engagements….(More)”.

The New Net Delusion


Essay by Geoff Shullenberger: “How 2010’s digital utopians became 2020’s tech prophets of doom…In June 2009, large protests broke out in Iran in the wake of a disputed election result. The unrest did not differ all that much from comparable episodes that had occurred elsewhere in the world over the preceding decades, but many Western observers became convinced that new digital platforms like Twitter and Facebook were propelling the movement. By the time the Arab Spring kicked off with an anti-government uprising in Tunisia the following year, the belief had become widespread that social media was fomenting insurgencies for liberalization in authoritarian regimes.

The most vigorous dissenter from this cheerful consensus was technology critic Evgeny Morozov, whose 2011 book The Net Delusion inveighed against the “cyber-utopianism” then common among academics, bloggers, journalists, activists, and policymakers. For Morozov, cyber-utopians were captive to a “naïve belief in the emancipatory nature of online communication that rests on a stubborn refusal to acknowledge its downside…(More)”.

Covid-19 is spurring the digitisation of government


The Economist: “…Neither health care nor Britain is unique in relying heavily on paper. By preventing face-to-face meetings and closing the offices where bureaucrats shuffle documents, the pandemic has revealed how big a problem that is. Around the world, it has been impossible to get a court hearing, a passport or get married while locked down, since they all still require face-to-face interactions. Registering a business has been slower or impossible. Courts are a mess; elections a worrying prospect.

Governments that have long invested in digitising their systems endured less disruption. Those that have not are discovering how useful it would be if a lot more official business took place online.

Covid-19 has brought many aspects of bureaucratic life to a halt. In England at least 73,400 weddings had to be delayed—not just the ceremony, also the legal part—reckons the Office for National Statistics. In France courts closed in March for all but essential services, and did not reopen until late May. Most countries have extended visas for foreigners trapped by the pandemic, but consular services stopped almost everywhere. In America green-card applications were halted in April; they restarted in June. In Britain appointments to take biometric details of people applying for permanent residency ceased in March and only resumed partly in June.

Some applications cannot be delayed and there the pandemic has revealed the creakiness of even rich countries’ bureaucracies. As Florida was locking down, huge queues formed outside government offices to get the paper forms needed to sign up for unemployment insurance. In theory the state has a digital system, but it was so poorly set up that many could not access it. At the start of the pandemic the website crashed for days. Even several months later people trying to apply had to join a digital queue and wait for hours before being able to log in. In Alabama when government offices in Montgomery, the state capital, reopened, people camped outside, hoping to see an official who might help with their claims.

Where services did exist online, their inadequacies became apparent. Digital unemployment-insurance systems collapsed under a wave of new claimants. At the end of March the website of the INPS, the Italian social-security office, received 300,000 applications for welfare in a single day. The website crashed. Some of those who could access it were shown other people’s data. The authorities blamed not just the volume of applicants but also hackers trying to put in fraudulent claims. Criminals were a problem in America too. In the worst-affected state, Washington, $550m-650m, or one dollar in every eight, was paid out to fraudsters who exploited an outdated system of identity verification (about $300m was recovered)….

the pandemic has revealed that governments need to operate in new ways. This may mean the introduction of proper digital identities, which many countries lack. Track-and-trace systems require governments to know who their citizens are and to be able to contact them reliably. Estonia’s officials can do so easily; Britain’s and America’s cannot. In China in order to board public transport or enter their own apartment buildings people have to show QR codes on their phones to verify that they have not been to a virus hotspot recently….(More)”.

The Good Drone: How Social Movements Democratize Surveillance


Book by Austin Choi-Fitzpatrick: “Drones are famous for doing bad things: weaponized, they implement remote-control war; used for surveillance, they threaten civil liberties and violate privacy. In The Good Drone, Austin Choi-Fitzpatrick examines a different range of uses: the deployment of drones for the greater good. Choi-Fitzpatrick analyzes the way small-scale drones—as well as satellites, kites, and balloons—are used for a great many things, including documenting human rights abuses, estimating demonstration crowd size, supporting anti-poaching advocacy, and advancing climate change research. In fact, he finds, small drones are used disproportionately for good; nonviolent prosocial uses predominate.

Choi-Fitzpatrick’s broader point is that the use of technology by social movements goes beyond social media—and began before social media. From the barricades in Les Misérables to hacking attacks on corporate servers to the spread of #MeToo on Twitter, technology is used to raise awareness, but is also crucial in raising the cost of the status quo.

New technology in the air changes politics on the ground, and raises provocative questions along the way. What is the nature and future of the camera, when it is taken out of human hands? How will our ideas about privacy evolve when the altitude of a penthouse suite no longer guarantees it? Working at the leading edge of an emerging technology, Choi-Fitzpatrick takes a broad view, suggesting social change efforts rely on technology in new and unexpected ways…(More)”.

The Potential of Open Digital Ecosystems


About: “Omidyar Network India (ONI), in partnership with Boston Consulting Group (BCG), has undertaken a study to reimagine digital platforms for the public good, with the aim build a shared narrative around digital platforms and develop a holistic roadmap to foster their systematic adoption.

This study has especially benefited from collaboration with the Ministry of Electronics and Information Technology (MeitY), Government of India. It builds on the thinking presented in the public consultation whitepaper on ‘Strategy for National Open Digital Ecosystems (NODEs)’ published by MeitY in February 2020, to which ONI and BCG have contributed.

This website outlines the key findings of the study and introduces a new paradigm, i.e. ODEs, which recognizes the importance of a strong governance framework as well as the community of stakeholders that make them effective….(More)”.