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How are users influenced by social media platforms when they generate content, and does this influence affect users’ compliance with copyright laws? These are pressing questions in today’s internet age, and Regulating Content on Social Media answers them by analysing how the behaviours of social media users are regulated from a copyright perspective. Corinne Tan, an internet governance specialist, compares copyright laws on selected social media platforms, namely Facebook, Pinterest, YouTube, Twitter and Wikipedia, with other regulatory factors such as the terms of service and the technological features of each platform. This comparison enables her to explore how each platform affects the role copyright laws play in securing compliance from their users. Through a case study detailing the content generative activities undertaken by a hypothetical user named Jane Doe, as well as drawing from empirical studies, the book argues that – in spite of copyright’s purported regulation of certain behaviours – users are 'nudged' by the social media platforms themselves to behave in ways that may be inconsistent with copyright laws. Praise for Regulating Content on Social Media 'This book makes an important contribution to the field of social media and copyright. It tackles the real issue of how social media is designed to encourage users to engage in generative practices, in a sense effectively “seducing” users into practices that involve misuse or infringement of copyright, whilst simultaneously normalising such practices.’ Melissa de Zwart, Dean of Law, Adelaide Law School, Australia "This timely and accessible book examines the regulation of content generative activities across five popular social media platforms – Facebook, Pinterest, YouTube, Twitter and Wikipedia. Its in-depth, critical and comparative analysis of the platforms' growing efforts to align terms of service and technological features with copyright law should be of great interest to anyone studying the interplay of law and new media." Peter K. Yu, Director of the Center for Law and Intellectual Property, Texas A&M University
Widely praised as an outstanding contribution to social welfare and feminist scholarship, Regulating the Lives of Women (1988, 1996) was one of the first books to apply a race and gender lens to the U.S. welfare state. The first two editions successfully exposed how myths and stereotypes built into welfare state rules and regulations define women as "deserving" or "undeserving" of aid depending on their race, class, gender, and marital status. Based on considerable new research, the preface to this third edition explains the rise of Neoliberal policies in the mid-1970s, the strategies deployed since then to dismantle the welfare state, and the impact of this sea change on women and the welfare state after 1996. Published upon the twentieth anniversary of "welfare reform," Regulating the Lives of Women offers a timely reminder that public policy continues to punish poor women, especially single mothers-of-color for departing from prescribed wife and mother roles. The book will appeal to undergraduate, graduate, and postgraduate students of social work, sociology, history, public policy, political science, and women, gender, and black studies – as well as today’s researchers and activists.
This important book looks at the changes in AFDC, Social Security, and Unemployment Insurance, and welfare "reform." This new edition reveals how welfare policy scapegoats women more than ever to justify widespread retrenchment and to divert the public's attention from the real causes of the nation's mounting economic woes.
This book examines the conceptual, historical and practical implications that various social policies in the United States have had on ethnic minorities.
Why does the welfare state develop so unevenly across countries, regions, and localities? What accounts for the exclusions and disciplinary features of social programs? How are elite and popular conceptions of social reality related to welfare policies? George Steinmetz approaches these and other issues by exploring the complex origins and development of local and national social policies in nineteenth-century Germany. Generally regarded as the birthplace of the modern welfare state, Germany experimented with a wide variety of social programs before 1914, including the national social insurance legislation of the 1880s, the "Elberfeld" system of poor relief, protocorporatist policies, and modern forms of social work. Imperial Germany offers a particularly useful context in which to compare different programs at various levels of government. Looking at changes in welfare policy over the course of the nineteenth century, differences between state and municipal interventions, and intercity variations in policy, Steinmetz develops an account that focuses on the specific constraints on local and national policymakers and the different ways of imagining the "social question." Whereas certain aspects of the pre-1914 welfare state reinforced social divisions and even foreshadowed aspects of the Nazi regime, other dimensions actually helped to relieve sickness, poverty, and unemployment. Steinmetz explores the conditions that led to both the positive and the objectionable features of social policy. The explanation draws on statist, Marxist, and social democratic perspectives and on theories of gender and culture.
Facebook, a platform created by undergraduates in a Harvard dorm room, has transformed the ways millions of people consume news, understand the world, and participate in the political process. Despite taking on many of journalism’s traditional roles, Facebook and other platforms, such as Twitter and Google, have presented themselves as tech companies—and therefore not subject to the same regulations and ethical codes as conventional media organizations. Challenging such superficial distinctions, Philip M. Napoli offers a timely and persuasive case for understanding and governing social media as news media, with a fundamental obligation to serve the public interest. Social Media and the Public Interest explores how and why social media platforms became so central to news consumption and distribution as they met many of the challenges of finding information—and audiences—online. Napoli illustrates the implications of a system in which coders and engineers drive out journalists and editors as the gatekeepers who determine media content. He argues that a social media–driven news ecosystem represents a case of market failure in what he calls the algorithmic marketplace of ideas. To respond, we need to rethink fundamental elements of media governance based on a revitalized concept of the public interest. A compelling examination of the intersection of social media and journalism, Social Media and the Public Interest offers valuable insights for the democratic governance of today’s most influential shapers of news.
A state-of-the-art account of what we know and do not know about the effects of digital technology on democracy.
Convergence, participatory culture, multimedia technologies, and social media platforms are creating new communicative opportunities that fundamentally influence citizenship and journalism. Social media present a staggering breadth of legal and ethical matters to consider. The limits and laws of free expression in this new media landscape are beginning to emerge both domestically and internationally, causing us to ask the following questions: How do we conceive of privacy? Should the law protect citizen journalists? How do social media affect ethical obligations of journalists and public relations professionals? These are just a few of the issues raised by the new social media landscape. Myriad standards of professional ethics command compliance in order for various media industries to function. Scholarly researchers of social media have not yet focused on the rights of expression and ethical obligations of the new media environment. This volume will address the scope and nature of this developing environment of expression with chapter topics ranging from privacy, cyber-bullying, and harassment to defamation, intellectual property rights, and online safety.
As the Supreme Court has recognized, social media sites like Facebook and Twitter have become important venues for users to exercise free speech rights protected under the First Amendment. Commentators and legislators, however, have questioned whether these social media platforms are living up to their reputation as digital public forums. Some have expressed concern that these sites are not doing enough to counter violent or false speech. At the same time, many argue that the platforms are unfairly banning and restricting access to potentially valuable speech. Currently, federal law does not offer much recourse for social media users who seek to challenge a social media provider's decision about whether and how to present a user's content. Lawsuits predicated on these sites' decisions to host or remove content have been largely unsuccessful, facing at least two significant barriers under existing federal law. First, while individuals have sometimes alleged that these companies violated their free speech rights by discriminating against users' content, courts have held that the First Amendment, which provides protection against state action, is not implicated by the actions of these private companies. Second, courts have concluded that many non-constitutional claims are barred by Section 230 of the Communications Decency Act, 47 U.S.C. § 230, which provides immunity to providers of interactive computer services, including social media providers, both for certain decisions to host content created by others and for actions taken "voluntarily" and "in good faith" to restrict access to "objectionable" material. Some have argued that Congress should step in to regulate social media sites. Government action regulating internet content would constitute state action that may implicate the First Amendment. In particular, social media providers may argue that government regulations impermissibly infringe on the providers' own constitutional free speech rights. Legal commentators have argued that when social media platforms decide whether and how to post users' content, these publication decisions are themselves protected under the First Amendment. There are few court decisions evaluating whether a social media site, by virtue of publishing, organizing, or even editing protected speech, is itself exercising free speech rights. Consequently, commentators have largely analyzed the question of whether the First Amendment protects a social media site's publication decisions by analogy to other types of First Amendment cases. There are at least three possible frameworks for analyzing governmental restrictions on social media sites' ability to moderate user content. Which of these three frameworks applies will depend largely on the particular action being regulated. Under existing law, social media platforms may be more likely to receive First Amendment protection when they exercise more editorial discretion in presenting user-generated content, rather than if they neutrally transmit all such content. In addition, certain types of speech receive less protection under the First Amendment. Courts may be more likely to uphold regulations targeting certain disfavored categories of speech such as obscenity or speech inciting violence. Finally, if a law targets a social media site's conduct rather than speech, it may not trigger the protections of the First Amendment at all.

Code

Director Edmond J Safra Center for Ethics and Roy L Furman Professorship of Law Lawrence Lessig

Published: 2016-08-31

Total Pages: 378


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There's a common belief that cyberspace cannot be regulated-that it is, in its very essence, immune from the government's (or anyone else's) control.Code argues that this belief is wrong. It is not in the nature of cyberspace to be unregulable; cyberspace has no "nature." It only has code-the software and hardware that make cyberspace what it is. That code can create a place of freedom-as the original architecture of the Net did-or a place of exquisitely oppressive control.If we miss this point, then we will miss how cyberspace is changing. Under the influence of commerce, cyberpsace is becoming a highly regulable space, where our behavior is much more tightly controlled than in real space.But that's not inevitable either. We can-we must-choose what kind of cyberspace we want and what freedoms we will guarantee. These choices are all about architecture: about what kind of code will govern cyberspace, and who will control it. In this realm, code is the most significant form of law, and it is up to lawyers, policymakers, and especially citizens to decide what values that code embodies.