Fucking With the Magic

Kristen E. Eichensehr, Digital Switzerlands, 167 U. Pa. L. Rev. ___ (forthcoming 2019), available at SSRN. Michael Madison Battles over the public policy obligations and implications of late 20th-century and early 21st-century technologies have long been fought via metaphor as well as via megabyte and microeconomics. Today, modern information technology platforms are characterized brightly as “generative” and darkly as “information feudalism.” Public policy might be informed by treating some network providers as “information fiduciaries.” Or, borrowing the phrase that prompts Kristen Eichensehr’s thought-provoking paper, tech companies might be characterized as metaphorical “digital Switzerlands.” They might be neutral institutions in their dealings with national governments. In Professor Eichenbehr’s telling, the idea of a corporate digital Switzerland resisting government aggression—refusing to cooperate…

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