Thanks, Burcu and Dan, I've added this to World University and School's beginning, "Academic Freedom Studies," "Law," and "Free, Digital Society" wiki, subject pages ... http://worlduniversity.wikia.com/wiki/Academic_Freedom_Studies#World_Univers.... (WUaS is like Wikipedia with MIT OCW, with free, online, C.C., MIT-centric, university degrees planned). Scott On Thu, Jan 23, 2014 at 7:41 PM, Burcu Bakioglu <bbakiogl@gmail.com> wrote:
Thanks for this Dan, this is really useful.
BsB
On Thu, Jan 23, 2014 at 9:30 PM, Dan L. Burk <dburk@uci.edu> wrote:
Hi AoiR peeps, If I may bother you with one more request: Do any of you legal types have a legal paper to recommend on freedom of speech for my Internet Governance class? I have a couple at hand but I'm not convinced that they are the most current ones. As with everything Internet, even last year's paper could be sometimes considered to be outdated and with governance you want to present the latest out there, i think...
I remember a few legal scholars on the list, I just can't remember exactly who they were, so apologies for a blanket call like this.
Thank you in advance.
BsB
This is as current as it gets:
+++++++++++++++++++++++++++++++++++++++++++++++++++++++++
"Old School/New School Speech Regulation" Harvard Law Review, Forthcoming
Contact: JACK M. BALKIN Yale University - Law School Email: jack.balkin@yale.edu Auth-Page: http://ssrn.com/author=293225
Full Text: http://ssrn.com/abstract=2377526
ABSTRACT: In the early twenty-first century the digital infrastructure of communication has also become a central instrument for speech regulation and surveillance. The same forces that have democratized and decentralized information production have also generated new techniques for surveillance and control of expression.
“Old-school” speech regulation has traditionally relied on criminal penalties, civil damages, and injunctions directed at individual speakers and publishers to control and discipline speech. These methods have hardly disappeared in the twenty-first century. But now they are joined by “new-school” techniques, which aim at digital networks and auxiliary services like search engines, payment systems, and advertisers. For example, states may engage in collateral censorship by threatening Internet intermediaries with liability to induce them to block, limit, or censor speech by other private parties.
Public/private cooperation and co-optation is often crucial to new-school techniques. Because the government often does not own the infrastructure of free expression, it must rely on private owners to assist in speech regulation and surveillance. Governments may use a combination of carrots and sticks, including offers of legal immunity in exchange for cooperation. States may also employ the “soft power” of government influence. Owners of private infrastructure, hoping to reduce legal uncertainty and to ensure an uncomplicated business environment, often have incentives to be helpful even without direct government threats.
Finally, governments have also devised new forms of digital prior restraint. Many new-school techniques have effects similar to prior restraints, even though they may not involve traditional licensing schemes or judicial injunctions. Prior restraints are especially important to the expansion of government surveillance practices in the expanding National Surveillance State. Gag orders directed at owners of private infrastructure are now ubiquitous in the United States; they have become fully normalized and bureaucratized elements of digital surveillance, as routine as they are invisible, and largely isolated from traditional first amendment protections. ===================================================
Regards, DLB
-- Thanks,
Burcu S. Bakioglu, Ph.D. Postdoctoral Fellow in New Media Lawrence University
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