Technological Convergence And Freedom Of Speech
Dawson A. Grever
Department of Communication, University of Wisconsin-Whitewater
Comm 440-01: New Communication Technologies
May 8, 2024
When the videos “Converging Technologies” and “Free Speech, Internet Privacy, and the ‘Right to Be Forgotten’” were published, the United States was considerably different from the modern day. Today technology is causing critical change in the way individuals communicate and interact with their family, friends, news media, and the government. Political protests occurring across the United States exemplify the change technology is having on the way individuals communicate. With a larger communication network, and new media able to broadcast messages in an instant, protests and movements have more sway in the nation than they did twenty years ago (Shirky, 2011). Now, with social media more rapid access to websites where individuals can upload live videos and publish about their experiences or produce misleading information, this combined with nearly immediate access to other individuals across the globe has led to information becoming considerably less private, less trustworthy, and increasingly accessible. Although the use of new media for political change is positive and essential freedom of expression, this information provides a dangerous gateway into the release of misleading information, both related to personal lives and the global landscape.
The video “Converging Technologies” discusses what impacts technology implementation and convergence had on the workplace and individual’s lives when the video was released. The author demonstrates how technology as simple as a flip phone camera is changing the way individuals interact with the world around them. The author exemplifies this through interviewing individuals about their phone usage and what the main asset they utilize, most clarified it was the camera. This point is further exemplified through discussion about the Blackberry cell phone, and the way that this device had changed where and how individuals do their work. With devices like cell phones and gaming consoles playing multiple roles, the video explores how organizations such as Microsoft and Apple may be controlling and implementing major change into the market, implementing an increase of dependence on technology and opening the world of exploitation by corporations. The video, “Free Speech, Internet Privacy, and the ‘Right to Be Forgotten’”, examines the way that internet privacy, freedom of speech, and liberty interact with one another in an ever evolving digital landscape. The video examines freedom of speech through examination of the early definitions, specifically examining Louis Brandeis’ definitions of freedom of speech, and how this is impacted in the digital world. The video brings in Peter Vogel, an expert in the area, to discuss the roots of these freedoms and how important they are with new media.
Both videos explore how technology is impacting law and society through implementation and convergence into a vast array of different fields. In ironic fashion, both videos explain the threats of these technologies, as well as their benefits, in a format that is now provided through streaming services, Kanopy, as a way of spreading information. Both videos equally demonstrate the impacts that new media and internet technologies are playing in changing the way individuals interact and react. Both explore the harmful effects of information release, “Converging Technologies”, specifically focuses on how increased information released through usage of technology such as the iPhone or Blackberry could lead to organizations utilizing this information against an individual. In similar fashion, “Free Speech, Internet Privacy, and the ‘Right to Be Forgotten’” examines how media sources, such as Google and online articles, can release public information that may not be so easily expunged; this type of information release can be extremely harmful, especially when released.
Data leaks and information releases can lead to harmful impacts on individuals who intend to share personal information with family members, significant others, or friends, but now with data breaches, this information can become accessible nearly instantaneously. This information is stated to be expungeable once it is available to the internet, and yet in 2010 when WikiLeaks, a whistleblower organization, was shut down by the United States government, as they were deemed too dangerous of an organization for the government to allow to exist (Moran Yemini, 2019). This type of government action sets a dangerous precedent for what government control on individual rights of expression may look like as technology evolves alongside data control (Sangsuvan, 2014). With this in mind, does government oversight need to be more implemented into the world of internet expression, and to what extent, or should the internet become an increasingly free forum of thought and information for individuals, and to what extent is this freedom of information too dangerous for the individual?
Understanding the impact technological convergence will have on freedom of speech and liberty is crucial for individuals hoping to learn how to navigate the current media landscape. The advent of the internet and social media platforms has facilitated modern global communication becoming commonplace for individuals in a vast number of countries. Furthermore, in the cases where individuals can express themselves freely, the video “Free Speech, Internet Privacy, and the ‘Right to Be Forgotten’” states that this information published and put forth by individuals cannot be so easily retracted. The author explores this concept and individuals’ right to privacy, which Sangsuvan discusses as an evolving landscape for privacy in his article (Sangsuvan, 2014). Although tech companies such as Meta have taken steps to protect this information, the inability to retract information has led to a fear of speaking out. Peter Vogel further speaks about regulation on privacy violation within the video discussing privacy on the internet and the impact this has on free speech. Vogel states that the EU took early charge of privacy, specifically in Germany, where legislation was passed to protect images from children and impacted global policy.
The Google policy laid out by the EU set an interesting precedent for past news and articles of similar nature, establishing the ‘right to be forgotten’, but this only extended to items of public nature, not necessarily applicable to actual news. This concept of news being public information that cannot be revoked was established in 2010 when a Spanish individual attempted to have a 1998 news article repealed, furthering the extent to which the ‘right to be forgotten’ applies. This has interesting applicability when applied to modern technologies and released information, specifically through the context of misleading information and false media supported by modern technologies, such as AI image generation and social media. The question that arises from this is who decides whether information is misleading or not, and if the information is accurate but delegated as misleading and further removed. Although access to the internet is not a human right, the International Covenant on Citizens Protected Rights, which were established by the UN, guarantees an individual access to the right of expression, and limiting access to a global expressive forum may constitute limitation of this right (Sangsuvan, 2014). This is an important piece of information for individuals to analyze and understand for the primary reason that limitation to a right to expression is an open limitation of the freedom of speech.
The Irony of Free Speech, published by the Columbia Science and Technology Law Review and Written by Moran Yemini explores the implications of technology convergence on free speech, such as is analyzed within the videos on “Converging Technologies” and freedom of speech within the new technological landscape. Yemini executes this study by utilizing a primarily law-oriented scope in order to explain the threats this convergence poses. The author relates to an article published twenty-two years earlier and discusses how the new media and internet landscape has changed the way freedom of speech is viewed and protected in the modern day. The author continues to delve into the complexities of freedom of expression and how technological advancement and convergence will impact that freedom of expression with increased access to more individuals and information, further analyzing the way that technology has led to an illusion of freedom for the individual, and has dulled the individual’s realization that the rights that they have are easily infringed in this digital landscape.
Yemini begins by discussing the impact information and communication technologies are having on the individual’s perception and interactions with the world, similar to the “Converging Technologies” video discussion on the impact of the Blackberry. Just like the Blackberry cell phone impacted the way individuals worked and where they worked, new media has impacted the way individuals interact with information, being provided with a constant source. The author states that these technologies have not simply reshaped and changed social norms, but are also influencing the moral values that culture used to inform (Yemini, 2019). For example, in the video, “Free Speech, Internet Privacy, and the ‘Right to Be Forgotten’”, the resident expert brought on to discuss privacy stating that students in the modern day are no longer concerned with privacy, exemplifying what Yemini discusses. The author continues within the article to explore the impact technologically induced social change is having on the individual’s freedom of expression. Yemini states that the digitally dependent landscape that individuals now live in has led to a constraining of the individual’s availability to true liberty, which Yemini defines as a freedom to express oneself without interference from higher powers. The author cites the interference from a “digital ecosystem” and a lack of anonymity for this. Similarly to the article on free speech and the inert right to privacy established by Brandes in the 1890s, the information which WatchIt provided. The author highlights that privacy is no longer truly available to individuals on the internet, leading to an increased fear of individuals coming forward, reinforcing the concept of the spiral of silence theory.
Clay Shirky’s article, “The Political Power of Social Media”, also explored the impact new media, specifically social media, has on political activism, governance, and the freedom and ability of an individuals to express themselves, exploring both concepts discussed in “Converging Technologies” and “Free Speech, Internet Privacy, and the ‘Right to Be Forgotten’”. For reference the author refers to the 2001 impeachment proceedings of former Philippine President Joseph Estrada. Individuals from throughout the nation raised word that the president might be released without penalty and coordinated mass protests through social media; throughout the protest, over one million people showed support. Shirky argues that technological convergence is a positive item for free speech, allowing for an increased level of expression and an increased audience with which to interact and express one’s self.
Shirky does acknowledge both the failures and threats that this may play to individuals as well. The author states that social media usage for political uses specifically can fail in situations where government suppression is extremely high. In these environments, the government message, propaganda, and overwhelming force can often outweigh the intangible messages on social media. Furthermore, the author explores the implementation of this propaganda within oppressive and authoritarian regimes as a tool to prevent political change. The usage of statecraft through social media and the internet the author recognizes as dangerous and a tool that could be utilized to silence individuals, a frightening side of technological convergence within these types of societies. The article concludes stating that although there are problems and threats contained within the implementation of new media into the political sphere, it is an important step forward for society. The author also makes a call to arms, in similar fashion to the video, “Free Speech, Internet Privacy, and the ‘Right to Be Forgotten’”, asking for the world governments to aid in developing increased access to information and media for freedom of expression to reach oppressed nations.
“Balancing Freedom of Speech on the Internet Under International Law”, an article written by Kitsuron Sansuvan at the University of North Carolina School of Law, examines the way international law has impacted individual expression online, whether through new media or within internet forums. Similarly to the last few articles, Sangsuvan also explores the impact that convergence between new media and internet technology with government oversight might have on individual freedoms and liberty.
Understanding the impact technological convergence will have on freedom of speech, liberty, and personal privacy cannot be understated. Technological advancement has allowed for the empowerment of individuals, allowing for engagement in public discourse and activism on political, economic, and natural topics. This empowerment of individuals, though positive, has also led to concerns about privacy and the impact this will have on individual expressionism (Yemini, 2019). This change in communication and communication technologies also highlights the need for a change in legislation to guarantee individual protection from government overreach, and increased protection of the individual’s right to be forgotten, allowing for individuals to fight for their privacy as was seen in the 2006 Google case in the EU. With the increased usage of AI as a new communication technology, maintaining awareness of the implications of convergence and adjusting accordingly, as was seen in the Google case, is paramount for protecting individual liberties within a digital landscape. Though the media landscape has evolved to be considerably less private, maintaining effective legislation manages and mitigates the level of risk consumers will be taking on, and continues to be a useful tool for activists, businesses, and individuals.
References
Moran Yemini. (2019). The New Irony of Free Speech. Columbia Science and Technology Law Review, 20(1). https://doi.org/10.7916/stlr.v20i1.4769
Sangsuvan, K. (2014). NORTH CAROLINA JOURNAL OF NORTH CAROLINA JOURNAL OF INTERNATIONAL LAW INTERNATIONAL LAW Balancing Freedom of Speech on the Internet under International Balancing Freedom of Speech on the Internet under International Law Law. https://scholarship.law.unc.edu/cgi/viewcontent.cgi?article=2002&context=ncilj
Shirky, C. (2011). The Political Power of Social Media: Technology, the Public Sphere, and Political Change. Foreign Affairs, 90(1), 28–41. https://www.jstor.org/stable/pdf/25800379.pdf?casa_token=jA_27ZVfOgkAAAAA:vGYazrZgJr2tdTWj1kybfUqebVEld8Ol0AirjiqDKFB2W3CkCEVQH9fzk1263zXoPAQBlrlAqAy8Xf1sbhL8x1xgYmXacCPyIBBkR7SFkL3COkZjl6A