Abstract
The internet and social media have revolutionized activism. However, governments seeking to curb opposition have recently learned to target the very same technologies that empowered activists in the first place. This article challenges the accepted framework for discussing such efforts by governments, centered on surveillance and privacy. It argues, first, that governments' actions should be conceptualized as measures of digital domination. Applying the republican concept of freedom as non-domination, the article suggests that the core harm resulting from such domination is to activists' freedom, not only to their privacy. Since activism is a check on the government, measures undermining the ability to engage in activism also have devastating consequences for the freedom of the citizenry as a whole. Second, the article argues that governments' reliance on digital militias allows them to sidestep the limits of their legitimate authority, therefore posing a grave threat to the rule of law. Finally, the article underscores that governments deploy measures of control beyond surveillance. Rather, they (1) gather information on activists, (2) disrupt communication channels, (3) flood online conversation to drown out the opposition, (4) deploy the state's coercive power based on information gathered, and (5) mobilize digital militias to bully activists online.
| Original language | English |
|---|---|
| Pages (from-to) | 394-442 |
| Number of pages | 49 |
| Journal | Columbia Journal of Transnational Law |
| Volume | 58 |
| Issue number | 2 |
| State | Published - 2020 |
| Externally published | Yes |
Bibliographical note
Publisher Copyright:© 2020 Columbia Law Review Association. All rights reserved.
UN SDGs
This output contributes to the following UN Sustainable Development Goals (SDGs)
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SDG 16 Peace, Justice and Strong Institutions
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