Case Western Reserve Journal of International Law 52 (2020) Crime as Cognitive Constraint (e.g. torture), wrongful death, conversion, trespass to land, and deceit. Negligence, on the other hand, would only cover acts or omissions below an accepted standard that results in physical injury, “in keeping with the emphasis on providing redress for the most serious harms and on the pragmatic need not to overburden the court via overly broad jurisdiction.” 270 A tort is defined by four basic elements: duty, breach, injury, and causation. 271 In this section, I will draw in general terms the kind of tort that should be cognizable by an ICCJ. 1. To whom the duty applies: the public-private flip The duty applies to corporations that confront state authority. Comparison of corporate power to that of the state is often made in the context of corporate interference with individual human rights, where a corporation wields quasi-sovereign authority against a private individual. 272 For instance, public-private entanglement characterized colonial rule. 273 Traditional cases of business and human rights involved various arrangements of complicity between state and non-state actors. 274 With respect to platforms, collateral censorship involves platforms acceding to governmental demands to take down content, thereby restricting the individual user’s right to freedom of expression. 275 In all these examples, state power is affirmed rather than challenged, with the corporate entity either supporting or being supported by the state to undermine individual human rights. Facebook’s ban of Myanmar’s Commander-in-Chief from the platform was one of the first expressions of the exercise of corporate 270. Id. 271. A Brief Overview of Tort Law, LAWS (Dec. 22, 2019), https://tort.laws.com/tort-law [https://perma.cc/B7WX-U3CR]. 272. See, e.g., The Future of Freedom of Expression Online, supra note 175, at 245–46, 254–266 (discussing Hedley Bull’s prediction that the international system could morph from being based on nation-states to one in which nations would share authority over their citizens with a variety of other powerful actors, including transnational corporations). 273. See Grietje Baars, From the Dutch East India Company to the Corporate Bill of Rights: corporations and international law, RESEARCH HANDBOOK ON POLITICAL ECONOMY AND THE LAW (Ugo Mattei and John D. Haskell, eds. 2015), 267-8 (noting the “plasticity” of the state and corporate forms, to serve the colonialist agenda and commercial exploitation of colonies). 274. See generally, MILES JACKSON, COMPLICITY 8–9 (2015). IN INTERNATIONAL LAW, ch. 275. See generally, Kate Klonick, The New Governors: The People, Rules, and Processes Governing Online Speech, 131 HARV. L. REV. 1598 (2018); Jack Balkin, Free Speech is a Triangle, 118 COLUM L. REV. 2011, 2016-2017 (2018); Jack Balkin, Old-School/New-School Speech Regulation, 127 HARV. L. REV. 2296 (2014). 189