Twitter (R)evolution: Privacy, Free Speech and Disclosure

Proceedings of W3C, Rio, Brazil, May 2013

5 Pages Posted: 25 Apr 2013

See all articles by Lilian Edwards

Lilian Edwards

University of Newcastle - Law School

Andrea M. Matwyshyn

Penn State Law; Penn State Engineering; Stanford University - Stanford Law School Center for Internet and Society

Date Written: April 24, 2013

Abstract

Using Twitter as a case study, this paper sets forth the legal tensions faced by social networks that seek to defend privacy interests of users. Recent EC and UN initiatives have begun to suggest an increased role for corporations as protectors of human rights. But, as yet, binding rather than voluntary obligations of this kind under international human rights law seem either non-existent or highly conflicted, and structural limitations to such a shift may currently exist under both US and UK law. Companies do not face decisions regarding disclosure in a vacuum, rather they face them constrained by existing obligations under (sometimes conflicting) legal demands. Yet, companies such as Twitter are well-positioned to be advocates for consumers’ interests in these legal debates. Using several recent corporate disclosure decisions regarding user identity as illustration, this paper places questions of privacy, free speech and disclosure in broader legal context. More scholarship is needed on the mechanics of how online intermediaries, especially social media, manage their position as crucial speech platforms in democratic as well as less democratic regimes.

Suggested Citation

Edwards, Lilian and Matwyshyn, Andrea M., Twitter (R)evolution: Privacy, Free Speech and Disclosure (April 24, 2013). Proceedings of W3C, Rio, Brazil, May 2013. Available at SSRN: https://ssrn.com/abstract=2256129

Lilian Edwards (Contact Author)

University of Newcastle - Law School ( email )

Newcastle upon Tyne, NE1 7RU
United Kingdom

Andrea M. Matwyshyn

Penn State Law ( email )

150 S College St
Carlisle, PA 17013
United States

Penn State Engineering ( email )

101 Hammond Building
University Park, PA 16802
United States

Stanford University - Stanford Law School Center for Internet and Society ( email )

559 Nathan Abbott Way
Stanford, CA 94305-8610
United States

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