Infrastructuring the Digital Public Sphere

28 Pages Posted: 4 May 2023

See all articles by Julie E. Cohen

Julie E. Cohen

Georgetown University Law Center

Date Written: May 1, 2023

Abstract

The idea of a "public sphere"--a shared, ideologically neutral domain where ideas and arguments may be shared, encountered, and contested--serves as a powerful imaginary in legal and policy discourse, informing both assumptions about how public communication works and ideals to which inevitably imperfect realities are compared. In debates about feasible and legally permissible content governance mechanisms for digital platforms, the public sphere ideal has counseled attention to questions of ownership and control rather than to other, arguably more pressing questions about systemic configuration. This essay interrogates such debates through the lens of infrastructure, with particular reference to the ways that digital tracking and advertising infrastructures perform systemic content governance functions.

Keywords: platform, content governance, content moderation, public sphere, SDK, optimization

JEL Classification: K19, K29

Suggested Citation

Cohen, Julie E., Infrastructuring the Digital Public Sphere (May 1, 2023). 25 Yale J.L. & Tech. (forthcoming), Available at SSRN: https://ssrn.com/abstract=4434201

Julie E. Cohen (Contact Author)

Georgetown University Law Center ( email )

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United States
202-662-9871 (Phone)
202-662-9411 (Fax)

HOME PAGE: http://www.law.georgetown.edu/faculty/jec/

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