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ACS National Convention 2018: Constitutional Dilemmas of Big Tech

As we near the end of the 21st century's second decade, it is beyond cliché to say that the law has trouble keeping up with the rapid pace of technological development. Whether in the context of determining how (or if) the Fourth Amendment applies to data held overseas, the challenges of analyzing under a First Amendment rubric the hateful expression increasingly found on platforms like Twitter and Facebook when the amendment only limits the actions of government entities, or attacks on our democracy launched by Russian bots using social media platforms, the ubiquity of technology presents confounding legal questions for industry, law enforcement, and consumers alike. What are and should be the obligations of tech companies to their customers when law enforcement seeks user content, and should liability result when they make the wrong call? What remedies are available to industry when the government seeks to tie its hands through gag orders that prevent it from making customers aware of government surveillance? And how should these companies, who seek to provide expressive fora, navigate the problem of online hate speech? What should be the rules of the road for all the stakeholders? Featuring: Anupam Chander, Martin Luther King, Jr. Professor of Law and Director, California International Law Center, UC Davis School of Law Hasan Ali, Senior Attorney, Microsoft David Bitkower, Partner, Jenner & Block LLP Brittan Heller, Director of Technology and Society, Anti-Defamation League Lyrissa Lidsky, Dean and Judge C.A. Leeds Professor of Law, University of Missouri School of Law