Platforms, the First Amendment and Online Speech: Regulating the Filters

In recent years, online platforms have given rise to multiple discussions about what their role is, what their role should be, and whether they should be regulated. The complex nature of these private entities makes it very challenging to place them in a single descriptive category with existing rules. In today’s information environment, social media platforms have become a platform press by providing hosting as well as navigation and delivery of public expression, much of which is done through machine learning algorithms. This article argues that there is a subset of algorithms that social media platforms use to filter public expression, which can be regulated without constitutional objections. A distinction is drawn between algorithms that curate speech for hosting purposes and those that curate for navigation purposes, and it is argued that content navigation algorithms, because of their function, deserve separate constitutional treatment. By analyzing the platforms’ functions independently from one another, this paper constructs a doctrinal and normative framework that can be used to navigate some of the complexity. The First Amendment makes it problematic to interfere with how platforms decide what to host because algorithms that implement content moderation policies perform functions analogous to an editorial role when deciding whether content should be censored or allowed on the platform. Content navigation algorithms, on the other hand, do not face the same doctrinal challenges; they operate outside of the public discourse as mere information conduits and are thus not subject to core First Amendment doctrine. Their function is to facilitate the flow of information to an audience, which in turn participates in public discourse; if they have any constitutional status, it is derived from the value they provide to their audience as a delivery mechanism of information. This article asserts that we should regulate content navigation algorithms to an extent. They undermine the notion of autonomous choice in the selection and consumption of content, and their role in today’s information environment is not aligned with a functioning marketplace of ideas and the prerequisites for citizens in a democratic society to perform their civic duties. The paper concludes that any regulation directed to content navigation algorithms should be subject to a lower standard of scrutiny, similar to the standard for commercial speech

Content, Context, Reflexivity and the Qualitative Research Encounter: Telling Stories in the Virtual Realm

The arrival of the virtual realm and computer-mediated communication (CMC) has attracted considerable interest within the discipline. However, the full potential of computer-mediated conversation as both a research resource and medium of communication within the qualitative research encounter awaits further exploration. In this paper, I discuss the dimensions of the qualitative \'tradition\', the recent burgeoning interest in biographical methods shaping the research agenda and the significance of the virtual realm as a locus of communication. In so doing, I draw from my recent research exploring 15 women\'s accounts of their experiences of infertility and assisted reproductive procedures. Often, the qualitative encounter becomes a shared medium of trust, reciprocity and revelation. This research highlights the importance of not just making \'space\' for participants voices and words but of acknowledging the significance of the context of communication itself – paying attention to \'where\' and \'how\' we speak is as critical as paying attention to what might be said. Participants within this study used and translated virtual text and virtual participation into a sense-making vehicle. In this respect, the virtual space offers a new dimension to the qualitative research encounter and we need to remain aware of the opportunities this affords.Qualitative Methodology; Computer-Mediated Communication; Biographical Methods; Reflexivity

Lex Informatica: The Formulation of Information Policy Rules through Technology

Historically, law and government regulation have established default rules for information policy, including constitutional rules on freedom of expression and statutory rights of ownership of information. This Article will show that for network environments and the Information Society, however, law and government regulation are not the only source of rule-making. Technological capabilities and system design choices impose rules on participants. The creation and implementation of information policy are embedded in network designs and standards as well as in system configurations. Even user preferences and technical choices create overarching, local default rules. This Article argues, in essence, that the set of rules for information flows imposed by technology and communication networks form a “Lex Informatica” that policymakers must understand, consciously recognize, and encourage

CoMIC : an exploration into computer-mediated intercultural communication

This thesis explores how cultural differences manifest themselves in computermediated intercultural communication (CoMIC). This study particularly looks at the role and use of digital nonverbals (DNVs) and their regulatory functions. The data analyzed is from a global virtual team working together for a period of three months. The grounded theory method has been employed to code the electronic transcript of the team\u27s communication. Furthermore, the participants were surveyed regarding their personal backgrounds, their work, and their perception of the communication processes that took place. The study shows that in an intercultural communication process DNVs are used to avoid intercultural misunderstandings and to underline the various communication styles. The different styles, hand in hand with the DNVs used, vary depending on the team\u27s overall situation. However, the absence of DNVs can be an indicator for a state of crisis

Evaluating Ethical Technology Leadership: Organizational Culture, Leader Behavior, and a Cyberspace Ethic of Business

Evaluating ethical technology leadership at a financial services firm in North Carolina requires discovering interactions amongst organizational culture, leadership approaches, and ethical decision-making practices. This study provides insight into how the participating firm’s organizational culture creates a leadership climate accommodative of an applied cyberspace business ethic. A cyberspace business ethic provides guidance to technology leaders addressing ethical challenges arising from emergent digital technologies. The identification of four key influencers that support ethical decision-making and provide protection against reputational risk exposures create an understanding of the collective nature of core values, relational, reputational, and technological influences on ethical behaviors. Self-determination theory assists in understanding the motivations for ethical leader behavior in the form of competency, autonomy, and relatedness. Coupling this theoretical knowledge with identification of the four influencers of ethical decision-making provides the basis of understanding the participating firm’s applied cyberspace business ethic. Given the rapid pace of emerging digital technology deployment, a dynamic condition of internal environmental complexity and external environmental uncertainty creates the need for leaders to develop a cyberspace business ethic appropriate for the business context. The participating firm’s cyberspace business ethic centers on core values, transparency, and communication clarity, purposefully utilized to mitigate reputational risk. Applying a Christian worldview to study findings adds a theological construct to organizational core values and underlying virtue ethics