Governing The New Governors and Their Speech

Jack M. Balkin, Free Speech in the Algorithmic Society: Big Data, Private Governance, and New School Speech Regulation, U.C. Davis L. Rev. (forthcoming 2018), available at SSRN. Tal Zarsky Jack Balkin is one of the leading thinkers and visionaries in the fields of information and cyber law. Every one of his scholarly contributions must be closely read. His recent article, Free Speech in the Algorithmic Society is no exception. It is highly recommended to those interested in fully understanding the current and future tensions between emerging technologies and human rights. The article also provides numerous gems – well-structured statements that eloquently articulate the central challenges of the day, some of which are quoted below. The article starts off by introducing and defining the “Algorithmic Society” as one that “facilitates new forms of surveillance, control, discrimination and manipulation by both government and by private…

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