Free ExpressionGlobalInternet

3 Credits · Level: Graduate, Undergraduate

Free expression on the global Internet is a highly contested and complex issue. Clashes between rights and other important global interests continue to escalate, even as solutions remain elusive. At its inception, the Internet was envisioned as a medium for unfettered and diverse free expression, access to knowledge and democracy building. All people, regardless of borders or status, would have an equal voice, and the power of gatekeepers to censor and suppress speech would be diminished. Today, even as much of that vision remains intact, the exploitation of the medium for terrorism, hate speech and repression have challenged that vision, and the increasing concentration of power in the hands of a few major technology companies reinvigorates concerns about the power of gatekeepers. What are the legal, policy, and practical forces that shape free expression on the global Internet, and how should decisions as to where to draw the line be made? This class introduces students to the guarantees for freedom of expression found in the international human rights treaties, the legal and policy frameworks around freedom of expression in the U.S. and the EU, as well as the alternative vision for Internet regulation put forward by China. Students will examine how global data flows strain application of local law and elevate conflicts of law and jurisdiction. How have these countries responded? Students will be introduced to alternative models for governance of free expression including multilateral treaties, principles and guidance, multi-stakeholder initiatives and industry codes, with particular attention to the growing role of diplomacy as countries around the world shift away from the laissez-faire model of Internet regulation. The class will also closely examine the powerful role played by global Internet companies in content moderation, and will consider questions of legitimacy, transparency and fair process.