Before coming to Harvard, Professor Goldsmith served as Assistant Attorney General, Office of Legal Counsel from 2003-2004, and Special Counsel to the Department of Defense from 2002-2003. Significant monitoring and speech control are inevitable components of a mature and flourishing internet, and governments must play a large role in these practices to ensure that the internet is compatible with a society’s norms and values.China quickly became worried about unregulated digital speech—both as a threat to the Communist Party’s control and to the domestic social order more generally. You will receive a link to create a new password via email.“In the great debate of the past two decades about freedom versus control of the network,” Goldsmith and Woods argue, “China was largely right and the United States was largely wrong.” They contend that “speech control” will be “an inevitable” feature of internet discourse in the near-term, where it is not a feature already. But Facebook, for example, also takes down hate speech, terrorist propaganda, “cruel and insensitive” speech, and bullying speech, which are harder to identify objectively and more controversial to regulate or remove. The surveillance and speech-control responses to COVID-19, and the private sector’s collaboration with the government in these efforts, are a historic and very public experiment about how our constitutional culture will adjust to our digital future.We want to hear what you think about this article.
Jack Goldsmith and Andrew Keane Woods April 25, 2020 It also highlighted how legal limitations grounded in the First Amendment (freedom of speech and press) and the Fourth Amendment (privacy) make it hard for the U.S. government to identify, prevent, and respond to malicious cyber operations from abroad.These constitutional limits help explain why, since the Russian electoral interference, digital platforms have taken the lead in combatting all manner of unwanted speech on their networks—and, if anything, have increased their surveillance of our lives.
Through mentorship, volunteerism and leadership, Mr. Goldsmith touched thousands of lives and made them better by his actions, advice and friendship. China and other authoritarian states became adept at reverse engineering internet architecture to enhance official control over digital networks in their countries and thus over their populations. In the debate over freedom versus control of the global network, China was largely correct, and the U.S. was wrong. The episode showed how easily a foreign adversary could exploit the United States’ deep reliance on relatively unregulated digital networks. As Google and Apple The harms from digital speech will also continue to grow, as will speech controls on these networks. My former law professor Jack Goldsmith, now at Harvard Law School, and Andrew Keane Woods of the University of Arizona Law School, have a I’m a constitutional lawyer, not a tech-regulation expert, so I’ll defer on the relevant policy issues to Goldsmith, who co-authored the insightful “Here’s the nut graf: “The First and Fourth Amendments as currently interpreted, and the American aversion to excessive government-private-sector collaboration, have stood as barriers to greater government involvement.
Imagine if China was run by the GOP instead of the CCP.” That is exactly “blanket praise." The first was Edward Snowden’s revelations in 2013 about the astonishing extent of secret U.S. government monitoring of digital networks at home and abroad. For example, Silicon Valley has been tasked with establishing intrusive contact-tracing programs that could help mitigate the spread of this coronavirus after the initial lockdowns have passed.
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