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The Digital Public Sphere

An ISP White Paper Series in collaboration with the Knight Foundation

About Knight Foundation-sponsored Digital Public Sphere White Paper series

The impact of online platforms and new technology on public discourse and the law are among the most pressing and consequential issues democracies face today. In the last two decades, we have moved beyond techno-utopian visions of the internet as an unregulated space to an appreciation of the ways the law, markets and social practices enable the platform economy. The threats that digital platforms and surveillance technology pose to individual rights and the social fabric give rise to numerous questions: How should we understand the structure and design of digital networks? To what extent should, or can, the government regulate these spaces? Is there adequate competition among the firms who provide digital services, and are their business models sustainable? Who is included and who is excluded from these spaces? Who should have the power to exclude and on what bases? When is surveillance and information collection permissible, and when is it pernicious? What are the signs of a healthy public sphere, and what are the symptoms of information disorder? How should we reform current law to meet the challenges of online platforms and new technology?

The Digital Public Sphere White Paper Series brings together scholars from a variety of backgrounds and diverse perspectives to contribute fresh thinking in this area. The Series Papers focus on how we should understand the effects of new technology on public discourse, law and society, and how these new technologies should be governed to achieve a more equitable, just and democratic digital public sphere.

Adam Posluns and Elettra Bietti, Founding Editors

Series Collections

Artificial Intelligence and the Digital Public Sphere

The advent of artificial intelligence (AI) in its myriad forms — from predictive analytics to generative models, from chatbots to labor management machines — heralds a transformative shift in the digital public sphere. As the essays in this collection demonstrate, AI systems are not merely neutral tools; they are imbued with the power to shape social identities, legal frameworks, labor relations, and the very fabric of our shared digital space. 

Limitations and Loopholes in the E.U. AI Act and AI Liability Directives: What This Means for the European Union, the United States, and Beyond

Sandra Wachter

This essay examines the limitations and loopholes in the European Union's AI Act and AI Liability Directives. It argues that these limitations will have implications not just for the EU but also for the U.S. and other countries.

Who Wants a Robo-Lawyer Now?: On AI Chatbots in China’s Public Legal Services Sector

Xin Dai

This essay identifies China's public legal services sector as a potential use case where AI chatbots may become widely and quickly adopted. It examines the political economy that predicts such adoption and explores normative considerations associated with it.

Digital Griots, Wampum Codes, & Choreo-Robotics: Artist-Technologists of Color Reshaping the Digital Public Sphere

Michele Elam

This essay examines racial formation in the context of the digital public sphere, focusing on how AI systems' understanding of social identities translates into real-world policy decisions. It presents three case studies of artist-technologists of color who challenge discourses that frame racialized populations as negatively “impacted” communities and instead refigure them as agentive co-producers of knowledge and imagination.

Digital Labor Platforms as Machines of Production

Veena Dubal and Vitor Araújo Filgueiras

This essay argues that digital platforms are not firms, but rather labor management machines. It uses empirical evidence from the US and Brazil to show that firms using platforms cause workers to suffer high rates of physical and psychosocial injury, similar to the impacts of early 20th century industrialists employing new mechanical systems.

Two AI Truths and a Lie

Woodrow Hartzog

This essay argues that companies deploying AI will take everything they can from users, users will get used to it, but this will not be done for users' benefit. It proposes four approaches to AI regulation: duties, design rules, defaults, and data dead ends.

Uniformity and Fragmentation in the Digital Public Sphere

In the Spring of 2023, we partnered with the Yale Journal of Law & Technology to invite scholars worldwide to discuss Uniformity and Fragmentation in the Digital Public Sphere. 

Imagine A Community: Obscenity’s History and Moderating Speech Online

Kendra Albert

Kendra Albert walks through the history of the “community” in obscenity’s community standards doctrine.

Infrastructuring the Digital Public Sphere

Julie Cohen

Julie Cohen interrogates current debates about content governance for the digital public sphere through the lens of infrastructure.

Disrupting Data Cartels by Editing Wikipedia

Amanda Levendowski, Eun Hee Han, and Jonah Perlin

Amanda Levendowski, Eun Hee Han, and Jonah Perlin explore teaching students to edit Wikipedia as an alternative to problematic data cartels.

Dormant Commerce Clause Constraints on Social Media Regulation

Ayesha Rasheed

Ayesha Rasheed argues that the recently passed content moderation bans in Texas and Florida violate the Dormant Commerce Clause.

A Letter from Europe: European Constitutional Law and Its Digital Public Sphere

Alexander Somek and Elisabeth Paar

Alexander Somek and Elisabeth Paar discuss how digital media shape European Constitutional Law.

Responsibility for Algorithmic Misconduct: Unity or Fragmentation of Liability Regimes?

Gunther Teubner and Anna Beckers

Gunther Teubner and Anna Beckers discuss uniformity and fragmentation of liability regimes for algorithmic misconduct.

A Healthy Digital Public Sphere

The essays in this group examine the various legal and technological mechanisms that structure our experience of the digital public sphere – some of which enable our freedoms and connect communities, while others constrain us by impinging on our privacy, objectifying us as amalgamations of data, or causing invidious discrimination. 

Sonic Privacy

Jasmine McNealy 

Exploring the conditions of audibility that are essential to sonic privacy.

Seeing Like an Algorithmic Error: What are Algorithmic Mistakes, Why Do They Matter, How Might They Be Public Problems?

Mike Ananny

Arguing that “seeing like an algorithmic error” means engaging the social, economic, cultural and political forces that make technology mistakes and public problems. 

Section 230 and the International Law of Facebook

Anupam Chander

Arguing that CDA Section 230, despite its origins in one country, has served as a foundational norm for global internet speech.

Forgetful Advertising: Imagining a More Responsible Digital Ad System

Chand Rajendra-Nicolucci and Ethan Zuckerman

Presenting a model of "forgetful advertising" as an alternative for organizations whose values conflict with surveillant advertising.

Envisioning Equitable Online Governance

A series examining inequality in the digital public sphere, in collaboration with Yale Law Journal.

Dismantling the ‘Black Opticon’: Privacy, Race Equity and Online Data Protection Reform

By Anita L. Allen

February 21, 2022

‘Cancel Culture,’ ‘Critical Race Theory,’ and The Digital Public Sphere

By Khiara M. Bridges

January 27, 2022

Beyond the Public Square: Imagining Digital Democracy

By Mary Anne Franks

January 27, 2022

Agonistic Privacy & Equitable Democracy

By Scott Skinner-Thompson

January 27, 2022

Platform Realism, Informational Inequality, and Section 230 Reform

By Olivier Sylvain

January 27, 2022