Tech Law Experts Warn of 'Paper Compliance' in Trust & Safety
Tech law experts Danielle Keats Citron and Ari Ezra Waldman have raised concerns about the future of Trust & Safety in their upcoming research paper for the Emory Law Journal. They worry that companies may resort to mere paperwork to comply with new regulations like the Digital Services Act, rather than taking meaningful action.
Citron and Waldman argue that Trust & Safety has seen a golden age, driven by political influence and social pressure. However, it now seems to be over, replaced by a grim realpolitik or performative compliance. They believe that proceduralist compliance may lead to avoidance and lack of substantive results.
The duo proposes an independent union of tech workers and changes to Section 230 of the Communications Decency Act to improve Trust & Safety. Section 230 currently allows platforms to operate without liability for user-generated material but provides no guidelines. They suggest that clearer guidelines could help ensure that companies are held accountable for their role in content moderation.
Trust & Safety has evolved over time as companies built internal structures and rules in response to external pressure and industry growth. Despite tech companies' significant investments in artificial intelligence, Citron and Waldman worry that companies may still choose the easier route of paperwork over genuine action.
Citron and Waldman's research paper, set to be published in the Emory Law Journal, highlights the need for more than just procedural compliance in Trust & Safety. They propose an independent union of tech workers and changes to Section 230 to ensure that companies are held accountable for their role in content moderation. As tech companies continue to invest in AI, it remains to be seen whether they will choose genuine action or mere paperwork to comply with regulations.
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