Techno-authoritarianism & copyright issues of user-generated content on social- media

Abstract

Lawrence Lessig in “Code: Version 2.0” presents “code” as the new law and regulator of cyberspace. Previously, techno-authoritarianism represented state sponsored authoritarian use of the internet, and digital technologies. It has now experienced a takeover by private entities such as social media platforms, who exercise extensive control over the platforms and how users interact with them. Code, akin to the law of cyberspace emboldens social media platforms to administer it according to their agenda, the terms of use of such platforms being one such example. The terms of use, which are also clickwrap agreements, are imposed unilaterally on users without scope of negotiation, essentially amounting to unconscionable contracts of adhesion. This paper will focus on one specific angle of the impact brought upon by the terms of use, user-generated content on social media platforms, and their copyright related rights. This paper will doctrinally assess the impact the “terms of use” of social media platforms has on user-generated content from a copyright law perspective, and consider whether the terms amount to unconscionable contracts of adhesion. This paper revisits, or reimagines this problem surrounding copyrightability of user-generated content and social media platform terms of use from the lens of techno-authoritarianism and the influence of code.