Title: The Emergence of Digital Governance and the Oversight Board: An In-Depth Look at Harvard Law Professor Noah R. Feldman’s Work.
Technology has truly transformed our world in remarkable ways over the past few decades. Among the many advancements, social media platforms have emerged as a powerful tool for communication, information sharing, entertainment, and, unfortunately, harm. As the world continues to evolve around digital media, constitutional law expert Noah R. Feldman ’92 aims to develop innovative and viable systems of governance to address the social, ethical, and legal issues that come with social media platforms.
As the co-founder of the Oversight Board, an independent group that makes decisions surrounding content moderation and freedom of expression on Meta’s platforms, Feldman is championing the movement to reduce social harms that come with the constant use of social media.
In his office at Harvard Law School, Feldman navigates between oil paintings and modern technologies, synthesizing the traditional and modern, placing relics of the past alongside the technologies of the future.
With his expertise in constitutional law, Feldman recognizes the need to create effective systems of digital governance to help rein in the harms that come with social media while still promoting social good. In a conversation with the Harvard Crimson, he discusses the process of creating such governance.
Feldman elaborates how social media companies often define what they deem harmful content through conversation with social organizations, users, and media entities. Though most platforms agree on obvious types of harmful content such as discriminatory speech, true threats, and the promotion of violence, other categories are less clear-cut.
For instance, sexual content is a delicate issue, with debates going on whether it should be categorized as harmful or not. Feldman emphasizes the need for open dialogue and collective action to figure out what is harmful in terms of digital distribution.
He also acknowledges that companies like social media platforms face the challenge of balancing user needs and preferences with the promotion of social good. As humans continually try to get around any rules set for them, Feldman cites an example of pro-ana communities that promote anorexia.
Though their most explicit content may be censored, the aesthetic language and art photography can still communicate the same message. Content moderation, therefore, should not necessarily be about eliminating speech, but finding parameters for the acceptable use of such language.
While Feldman sees an increase in the number of regulatory systems in tech, he cautions that such experiments are not enough to solve every problem. Instead, he suggests putting checks on power and taking a more cautious approach towards governance.
For instance, the Oversight Board, a group he co-founded, is working to prevent constrictive laws by becoming an integral part of the conversation surrounding economic and democratic oversight. Feldman emphasizes the importance of transparency and accountability, requiring decision-makers to explain why they arrived at their conclusions.
The freedom to appeal is also a crucial part of content moderation. Giving people the opportunity to have their voices heard, especially when they disagree with moderation decisions, helps to create a more inclusive platform.
Finally, Feldman predicts that internet voting systems will become more stable in the future, allowing members of the public to vote on regulatory rules. Though many platforms are still experimenting with this idea, understanding who gets to vote and how to ensure people take it seriously is vital.
In conclusion, Feldman emphasizes that digital governance is an essential aspect of constitutional government. As technology continues to change the world, careful and informed regulation will only become more critical. With his in-depth knowledge and expertise, Noah R. Feldman is at the forefront of the development of these systems.
As we continue to navigate this ever-changing landscape, it seems clear that individuals such as Feldman are committed to ensuring that these regulation systems are working for the benefit of all.
