Communications Law

Online
Essay
Digital Authoritarianism
Danielle Keats Citron
Danielle Keats Citron is a Jefferson Scholars Foundation Schenck Distinguished Professor in Law, University of Virginia School of Law; Vice President, Cyber Civil Rights Initiative; 2019 MacArthur Fellow.

Special thanks to Mario Barnes, Courtney Douglas, Paul Gowder, Deborah Turkheimer, to the audience at Northwestern Law’s Julian Rosenthal Lecture, and to Miranda Coombe, Sam Hallam, Caroline Kassir, and Danielle O’Connell for superb editing. Adeleine Lee and Alex Wilfert provided excellent research assistance. The authors contributed equally to this essay.

Ari Ezra Waldman
Ari Ezra Waldman is a Professor of Law and, by courtesy, Professor of Sociology, University of California, Irvine School of Law; Member and Compliance Officer, Board of Directors, Cyber Civil Rights Initiative.

Antidemocratic forces rely on intimidation tactics to silence criticism and opposition. Today’s intimidation playbook follows a two-step pattern. We surface these tactics so their costs to public discourse and civic engagement can be fully understood. We show how the misappropriation of the concept of online abuse has parallels in other efforts at conceptual diversion that dampen democratic guarantees. Democracy’s survival requires creative solutions. Politicians and government workers must be able to operate free from intimidation. Journalists and researchers must be able to freely investigate governmental overreach and foreign malign influence campaigns that threaten the democratic process. Surfacing the two-step strategy is a critical start to combating it.

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v88.4
Federal Rules of Platform Procedure
Rory Van Loo
Associate Professor of Law, Boston University; Affiliated Fellow, Yale Law School Information Society Project

For valuable input, I am grateful to Hannah Bloch-Wehba, Kiel Brennan-Marquez, Danielle Citron, Julie Cohen, Christina Koningisor, Megan Ericson, Nikolas Guggenberger, Thomas Kadri, Daphne Keller, Louis Kaplow, Mark Lemley, Ngozi Okidegbe, Przemysław Pałka, Mitchell Polinsky, Steven Shavell, David Walker, editors at The University of Chicago Law Review, and participants at Boston University School of Law faculty workshop, Brooklyn Law School faculty workshop, Harvard Law and Economics Seminar, Junior Tech Law Scholars workshop, and Stanford Law and Economics Seminar. Brianne Allan, Jacob Axelrod, Samuel Burgess, Leah Dowd, Derek Farquhar, Shecharya Flatte, Chris Hamilton, Jack Langa, Kathleen Pierre, Tyler Stites, and Gavin Tullis provided excellent research assistance.

In the fall of 2017, the world’s largest social network put hundreds of women in “Facebook jail,” indefinitely suspending their accounts for posting “men are scum.”