Preserving Free Expression and the Democratic Process While Addressing Online Content Issues
Content Moderation: Policy leaders should examine issues such as disinformation, hate speech, and discrimination online while preserving the essential legal protections that support free expression. Legislating on the basis of slogans regarding online content will do more harm than good, especially for historically marginalized groups, and it is crucial to start breaking down policy interventions into discrete, definable priorities. There are no easy legislative fixes to issues like disinformation and online hate, but leaders should focus on promoting transparency and due process in content moderation, enabling independent research to promote accountability of online services, and using their oversight authority to examine the measures platforms can take to respond to harmful content on their services. As part of this effort, Congress should consider how passage of federal privacy legislation could help address issues such as targeted disinformation.
Elections: Federal leadership should work to preserve the democratic process and combat election disinformation, fight voter suppression online and offline, secure voting infrastructure, and promote access to the ballot. The Administration and Congress can accomplish these goals through the passage of long-overdue electoral reform legislation and through engagement with stakeholders at the state, local, territorial, and tribal levels. Election officials should be provided with sufficient resources to combat disinformation, improve physical and cybersecurity, ensure that each vote has a paper trail, conduct risk-limiting audits, and permanently expand eligibility for mail-in voting.
Protecting Consumers and Civil Rights Through Privacy Legislation and Agency Enforcement
Privacy Legislation: Congress is closer than ever to passing meaningful privacy legislation, and it should finish this effort as its first order of tech policy business in 2021. A few key issues need resolution, including how to limit the collection, sharing, and use of data and how to strengthen antidiscrimination laws. Leadership is also needed to build consensus around a private right of action and the preemptions of state laws, if any. The Federal Trade Commission should aggressively pursue cases and remedies under its authority to combat unfair practices and deter discriminatory, exploitative, or egregious behavior. Such efforts would not only protect consumers but also protect civil rights, advance racial justice, and promote economic growth.
Data-Driven Discrimination: Congress and the Administration must also commit to fighting algorithmic-driven discrimination, especially in areas such as employment, education, housing, credit, the receipt of government benefits, and goods and services markets. Civil rights and competition agencies should conduct investigations, issue clear guidance or regulations, and enforce against offenders. Congress should investigate and fill any gaps in public accommodation and civil rights laws to account for modern data practices, and it must undo recent efforts to undermine the "disparate impact" standard as a means for challenging discrimination. It is crucial that these efforts include laws and policies that prohibit discrimination against people with disabilities.
