{"title":"From Liability to Accountability: The Ethics of Citing Section 230 to Avoid the Obligations of Running a Social Media Platform","authors":"Benjamin W. Cramer","doi":"10.5325/jinfopoli.10.1.0123","DOIUrl":"https://doi.org/10.5325/jinfopoli.10.1.0123","url":null,"abstract":"Abstract In the United States, Section 230 of the Communications Decency Act provides immunity from liability for Internet operators who host information submitted by their users. This article will argue that Section 230 allows firms to avoid accountability for the malfeasance that their platforms have enabled. With a focus on the ethical differences between liability (a legal concept) and accountability (an ethical concept), the article will recommend ways to compel today's social media platforms to address their responsibilities toward the proliferating misbehavior that they have enabled.","PeriodicalId":55617,"journal":{"name":"Journal of Information Policy","volume":null,"pages":null},"PeriodicalIF":0.9,"publicationDate":"2020-05-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"138506526","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Protecting Academic Freedom or Managing Reputation? An Evaluation of University Social Media Policies","authors":"Kwestel, Milano","doi":"10.5325/jinfopoli.10.2020.0151","DOIUrl":"https://doi.org/10.5325/jinfopoli.10.2020.0151","url":null,"abstract":"\u0000 University social media policies appear to favor institutional reputation over the tenets of academic freedom upon which research and teaching are based. A content analysis of social media policies of 82 doctoral-granting research universities found that policies used language and concepts that restrain online faculty speech. Two-thirds of policies are overseen by marketing departments rather than by committees that include faculty members as recommended by the American Association of University Professors. Contradictory boundary logic presented double binds for faculty who were enjoined to be brand ambassadors, creating tension for them and creating paradoxes for institutions whose social media policies contradict their commitment to freedom of research and teaching.","PeriodicalId":55617,"journal":{"name":"Journal of Information Policy","volume":null,"pages":null},"PeriodicalIF":0.9,"publicationDate":"2020-05-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"80033725","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Conducting Critical Analysis on International Communication Rights Standards: The Contributions of Graphical Knowledge Modeling","authors":"Normand Landry,Anne-Marie Pilote,Anne-Marie Brunelle","doi":"10.5325/jinfopoli.10.1.0329","DOIUrl":"https://doi.org/10.5325/jinfopoli.10.1.0329","url":null,"abstract":"Abstract Using the computerized application of Modeling using Object Types (MOT) theory, this article examines the normative dimension of official interpretations of a corpus of core “communication rights” (the right to freedom of opinion and expression, the right to privacy, the right to participate in cultural life, and the right to education) enshrined and protected by the International Covenants on Human Rights. This article proposes a methodological contribution whereby the computerized application of knowledge modeling theory promotes the analysis and popularization of international human rights standards. Research findings draw attention to significant conceptual deficiencies included as part of international human rights standards. These deficiencies undermine the applicability of these standards and their relative usefulness in the context of complex sociopolitical issues relating to communication. In addition, this article underscores the need for communication rights studies to further integrate contributions from the field of international human rights law research. It demonstrates that interdisciplinary dialogue can open up new research agendas for communication rights scholars and contribute to a renewed critical analysis of international human rights standards.","PeriodicalId":55617,"journal":{"name":"Journal of Information Policy","volume":null,"pages":null},"PeriodicalIF":0.9,"publicationDate":"2020-05-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"138537085","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"More Than a Suspect: An Investigation into the Connection Between Data Breaches, Identity Theft, and Data Breach Notification Laws","authors":"F. Bisogni, H. Asghari","doi":"10.5325/jinfopoli.10.2020.0045","DOIUrl":"https://doi.org/10.5325/jinfopoli.10.2020.0045","url":null,"abstract":"\u0000 This article investigates the relationship between data breaches and identity theft, including the impact of Data Breach Notification Laws (DBNL) on these incidents (using empirical data and Bayesian modeling). We collected incident data on breaches and identity thefts over a 13-year timespan (2005–2017) in the United States. Our analysis shows that the correlation is driven by the size of a state. Enacting a DBNL still slightly reduces rates of identity theft; while publishing breaches notifications by Attorney Generals helps the broader security community learning about them. We conclude with an in-depth discussion on what the European Union can learn from the US experience.","PeriodicalId":55617,"journal":{"name":"Journal of Information Policy","volume":null,"pages":null},"PeriodicalIF":0.9,"publicationDate":"2020-05-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"82897280","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"From Liability to Accountability: The Ethics of Citing Section 230 to Avoid the Obligations of Running a Social Media Platform","authors":"Cramer","doi":"10.5325/jinfopoli.10.2020.0123","DOIUrl":"https://doi.org/10.5325/jinfopoli.10.2020.0123","url":null,"abstract":"\u0000 In the United States, Section 230 of the Communications Decency Act provides immunity from liability for Internet operators who host information submitted by their users. This article will argue that Section 230 allows firms to avoid accountability for the malfeasance that their platforms have enabled. With a focus on the ethical differences between liability (a legal concept) and accountability (an ethical concept), the article will recommend ways to compel today's social media platforms to address their responsibilities toward the proliferating misbehavior that they have enabled.","PeriodicalId":55617,"journal":{"name":"Journal of Information Policy","volume":null,"pages":null},"PeriodicalIF":0.9,"publicationDate":"2020-05-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"82515927","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Examining How GDPR Challenges Emerging Technologies","authors":"Rania El-Gazzar,Karen Stendal","doi":"10.5325/jinfopoli.10.1.0237","DOIUrl":"https://doi.org/10.5325/jinfopoli.10.1.0237","url":null,"abstract":"Abstract Emerging technologies, particularly cloud computing, blockchain, Internet of Things, and artificial intelligence, have received noticeable attention from research and industry. These technologies contribute to innovation in public and private organizations, but threaten the privacy of individuals. The natural characteristics of these technologies are challenged by the new general data protection regulation (GDPR). In this article, we examine the compliance challenges between these technologies' characteristics and GDPR both individually and when combined. We identified compliance opportunities related to the characteristics of these technologies. We discuss possible approaches to address the compliance challenges identified and raise questions for further research in the area.","PeriodicalId":55617,"journal":{"name":"Journal of Information Policy","volume":null,"pages":null},"PeriodicalIF":0.9,"publicationDate":"2020-05-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"138506567","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Four Phases of Internet Policy Development: Risks to the Public Interest","authors":"Wilkinson","doi":"10.5325/jinfopoli.10.2020.0184","DOIUrl":"https://doi.org/10.5325/jinfopoli.10.2020.0184","url":null,"abstract":"\u0000 This article investigates what risks to the public interest may arise in Internet policy development facilitated by Canada's communications regulator, the Canadian Radio-television and Telecommunications Commission (CRTC). It finds that different risks exist in four distinct phases of CRTC policy formation. Although these threats are wide-ranging, they often relate to the strategic behaviors of well-resourced groups that advocate for policy positions that are adjacent or contrary to the public interest, a regulatory process in some ways unsuited for robust civil society participation, and the resource constraints of public interest groups that regularly participate in this process.","PeriodicalId":55617,"journal":{"name":"Journal of Information Policy","volume":null,"pages":null},"PeriodicalIF":0.9,"publicationDate":"2020-05-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"79193315","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"The Functions of Data in the Competition between Audiovisual Media and Video Sharing Platforms for Advertising","authors":"Sally Broughton Micova, Sabine Jacques","doi":"10.5325/jinfopoli.10.2020.0514","DOIUrl":"https://doi.org/10.5325/jinfopoli.10.2020.0514","url":null,"abstract":"\u0000 The European Union's (EU) 2018 Audiovisual Media Services Directive attempted to level the playing field upon which video sharing platforms and audiovisual media services compete by evening out advertising and consumer protection rules. Recent competition policy literature identifies data as a source of dominance in platform markets, suggesting its relevance to such situations where platforms compete with other services. Drawing on a study of this playing field involving stakeholder interviews and a comparison of regulatory frameworks, we present a nuanced understanding of imbalances across three distinct functions of data. We consider the policy implications, arguing for more equitable access to insight from aggregate, anonymized data and financial data.","PeriodicalId":55617,"journal":{"name":"Journal of Information Policy","volume":null,"pages":null},"PeriodicalIF":0.9,"publicationDate":"2020-05-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"85682016","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Communication Rights for Social Bots?: Options for the Governance of Automated Computer-Generated Online Identities","authors":"Stefano Pedrazzi,Franziska Oehmer","doi":"10.5325/jinfopoli.10.1.0549","DOIUrl":"https://doi.org/10.5325/jinfopoli.10.1.0549","url":null,"abstract":"Abstract Social bots, automated agents operating in social networks, are suspected of influencing online debates, opinion-formation processes and thus, the outcome of elections and votes. They do so by contributing to the dissemination of illegal content and disinformation and by jeopardizing an accurate perception of the relevance and popularity of persons, topics, or positions, through their potentially unlimited communication and networking activities, all under the false pretense of human identity. This paper identifies and discusses preventive and repressive governance options for dealing with social bots on state, organizational, and individual levels respecting the constitutional provisions on free expression and opinion-formation.","PeriodicalId":55617,"journal":{"name":"Journal of Information Policy","volume":null,"pages":null},"PeriodicalIF":0.9,"publicationDate":"2020-05-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"138506579","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Stop Spreading The Data: PSM, Trust, and Third-Party Services","authors":"J. Sørensen, H. V. D. Bulck, Sokol Kosta","doi":"10.5325/JINFOPOLI.10.2020.0474","DOIUrl":"https://doi.org/10.5325/JINFOPOLI.10.2020.0474","url":null,"abstract":"\u0000 The article analyzes problems relating to public service media use of third-party services that track, collect, and analyze user behavior. The article extends a rights-based conception of privacy to privacy as a social phenomenon based in trust, relevant to public service media as “islands of trust.” However, data of European public and private media sites show that public service media, especially those that run advertising, show few differences with private media in their use of third-party services. The European Union's (EU's) General Data Protection Regulation (GDPR) did significantly change this, suggesting a need for public service media to prioritize ethical values over market considerations.","PeriodicalId":55617,"journal":{"name":"Journal of Information Policy","volume":null,"pages":null},"PeriodicalIF":0.9,"publicationDate":"2020-05-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"91115314","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}