Paulo - beautifully written piece, as always. However I don’t think that law is the first step in this process. Regulation is most effective when a society is clear about the risks it wants to mitigate, its policy objectives more broadly and the governance structure needed to fulfill societal aims. In the case of regulating online content I would argue none of the three requirements have been met. There is ongoing, highly politicized debate about whether and how to limit free speech, to ascertain ‘truth’ , to design ‘fair’ content ranking systems and ultimately many open questions about who should be making these decisions. It’s unfortunate that US politicians in particular are unable to build consensus on even simple steps, but until there is national agreement on some level, I thinks laws will be a futile exercise reflecting a divided vision for the future. In the meantime I would argue that some social media companies are actually doing a reasonably good job of balancing the competing pressures they face. There is room for improvement, and some companies are doing a particularly bad job, but until national consensus emerges working with companies to raise concerns and inform their approaches will be the only practical path forward. My $0.02 anyway. Thanks for putting this out there! John
John, thanks for the comment and for making a sensible argument as to why we are not ready for regulation. I like the 3-part criteria (agreement on risk, policy objectives, and societal aims), and they show how complex the topic is. This complexity is what led me to argue in favor of Lessig's combined law/norms/markets/code approach. I feel that we will have to sense & respond our way forward and agree that the political environment is not conducive to progress. I also acknowledge the cardinal importance of defending free speech and the tricky balance of doing that while attempting to moderate content. A little on all four areas may help us find the right balance. Thanks for engaging in this important dialogue and keep on fighting the good fight!
Paulo - beautifully written piece, as always. However I don’t think that law is the first step in this process. Regulation is most effective when a society is clear about the risks it wants to mitigate, its policy objectives more broadly and the governance structure needed to fulfill societal aims. In the case of regulating online content I would argue none of the three requirements have been met. There is ongoing, highly politicized debate about whether and how to limit free speech, to ascertain ‘truth’ , to design ‘fair’ content ranking systems and ultimately many open questions about who should be making these decisions. It’s unfortunate that US politicians in particular are unable to build consensus on even simple steps, but until there is national agreement on some level, I thinks laws will be a futile exercise reflecting a divided vision for the future. In the meantime I would argue that some social media companies are actually doing a reasonably good job of balancing the competing pressures they face. There is room for improvement, and some companies are doing a particularly bad job, but until national consensus emerges working with companies to raise concerns and inform their approaches will be the only practical path forward. My $0.02 anyway. Thanks for putting this out there! John
John, thanks for the comment and for making a sensible argument as to why we are not ready for regulation. I like the 3-part criteria (agreement on risk, policy objectives, and societal aims), and they show how complex the topic is. This complexity is what led me to argue in favor of Lessig's combined law/norms/markets/code approach. I feel that we will have to sense & respond our way forward and agree that the political environment is not conducive to progress. I also acknowledge the cardinal importance of defending free speech and the tricky balance of doing that while attempting to moderate content. A little on all four areas may help us find the right balance. Thanks for engaging in this important dialogue and keep on fighting the good fight!