This paper explores the implications of an important shift in the way that states, industry groups, and civil society organizations are attempting to influence the governance of the internet. Online intermediaries are increasingly being asked to take greater responsibility for the actions of their users. Optimistically, this shift signals more effective mechanisms to protect human rights online. Worryingly, however, it also threatens core values of freedom of speech and autonomy. I argue that a new constitutionalism is needed to protect substantive and procedural rights in a decentralized regulatory environment.
展开▼
