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Since its inception, the Center for Democracy & Technology (CDT) has been a leader in both domestic and global conversations around online free expression. Of late, much of this discussion has focused specifically on content moderation. We believe that thoughtful, transparent, and practical approaches to content moderation are critical to enabling all of the benefits of free speech online while addressing abuses. We also know that there is no one-size-fits-all model to content moderation.
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In our work to strengthen individual rights and freedoms in the digital age, we collaborate with a variety of partners, including academics and advocates, and engage directly with tech companies and policymakers on the challenges of moderating online content. We give input on policies, analyze their effects, and successfully push for greater transparency around platform practices that impact user rights. We also conduct research on the mechanics of content moderation on different platforms and develop educational materials that bring the realities of content moderation to policymakers and other audiences.
The last six months have seen significant scrutiny around content moderation, and repeated threats to the legal framework that enables online services to tackle disinformation and engage in fact-checking. CDT has continued to be at the forefront of those conversations, working at the intersection of content moderation and transparency, accountability, and human rights.
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In June 2020, CDT filed a lawsuit against President Trump's "Executive Order on Preventing Online Censorship" because it violates the First Amendment, limiting platforms' rights to respond to misinformation and voter suppression on their services. "The government cannot and should not force online intermediaries into moderating speech according to the President's whims," said CDT's President & CEO Alexandra Givens. Recently, the government sought to dismiss the case on procedural grounds, and we replied, stating that we are exactly the right kind of plaintiff to bring this case, as an organization with a 25-year history of protecting free speech online and advocating for users in the digital world. We are awaiting a decision from the court.
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In late July, the National Telecommunications and Information Administration (NTIA) followed the President's Executive Order and petitioned the FCC to radically reinterpret Section 230, the law that has safeguarded free expression online for over 20 years. In mid-October, the FCC affirmed that it will move forward with rulemaking on this issue. As CDT told the FCC in our comments opposing the NTIA's petition, the Executive Order is unconstitutional, the FCC lacks authority to do what the petition asks, and the petition itself is riddled with errors about the realities of moderating speech online. The petition, the Order, and the forthcoming rules are designed to limit the ability of online services to respond to misinformation and voter suppression in an election year, and would deprive users of access to information and of access to services that operate free from government coercion.
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Similar threats are also arising in Congress: This month, CDT led a coalition in opposition to Sen. Graham's "Online Content Policy Modernization Act". This bill is designed to deter platforms from fact-checking misleading information about voting and to discourage them from combating the spread of mis- and disinformation on their sites. Online voter suppression is a serious threat to our democracy, one that disproportionately targets voters of color. In the weeks before the election, we need online services to be doing more to fight election misinformation, not less.
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To further the fight against voter suppression, CDT is training election officials to detect and counter voter suppression misinformation. We created a guide for election officials to help them spot online voter suppression and counter it with accurate, authoritative information. We also released PSAs offering fact-based information on mail-in voting and how to spot disinformation around the election. In partnership with the Center for Tech and Civic Life, CDT produced an online training to give election officials the knowledge and training to combat inaccurate information about election procedures. Our goal is to arm election officials with tools to help educate the public, and to reach the public ourselves through targeted placement of the PSAs.
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CDT is focused on content moderation and intermediary liability laws not only in the United States, but in the European Union as well. The Digital Services Act (DSA) will set the future legal framework for online content governance and define new responsibilities for companies hosting third-party content. CDT is working to ensure that this new framework supports online free expression and innovation and, as we emphasized in our comments to the European Commission, is rooted firmly in a respect for human rights. The new head of our Europe Office, Iverna McGowan, is leading this effort drawing on her background at Amnesty International and advising the Office of the UN High Commissioner for Human Rights.
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| CDT's Lawsuit Against the Trump Administration
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| Tech Talk: CDT Files Suit Against President Trump's Executive Order - Talking Tech w/ Alexandra Givens
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| PSA: Misinformation & Disinformation - Building a More Informed Public
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| PSA: Mail-In Voting - Every Vote Should Count
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Positive Intent Protections: Incorporating a Good Samaritan principle in the EU Digital Services Act
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Join CDT the week of December 7, 2020 for our first-ever virtual Future of Speech Online. We hope to see you there!
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CDT is committed to helping move the needle on content moderation issues. Partners like you have been indispensable in this work. If you are not yet engaged and want to learn more, please reply to this email to join the conversation. Thank you for putting democracy and individual rights at the center of the digital revolution.
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