FREEDOM ON THE NET 2021 The Global Drive to Control Big Tech Act, which requires the Department of State to include information on the status of surveillance and use of advanced technology in its annual report on global human rights practices. Specifically, the State Department must describe in each country report the extent of excessive surveillance and the use of advanced technology, such as facial recognition or biometric data collection, to impose (1) arbitrary or unlawful interference with privacy; or (2) unlawful or unnecessary restrictions on freedom of expression, peaceful assembly, association, or other internationally recognized human rights. Guarantee competition, transparency, and accountability Fully integrate human rights principles in competition policy enforcement. Strong competition in the digital market can encourage companies to create innovative products that protect fundamental freedoms and tackle online harms by empowering users to make informed choices about which products and platforms to use. When enforcing competition policy, regulators should consider the implications of market dominance on free expression, privacy, nondiscrimination, and other rights. Governments should also ensure antitrust frameworks can effectively be applied in the digital age, including by considering requirements for interoperability and data portability. Enshrine human rights principles, transparency, and democratic oversight in laws that regulate online content. Regulations addressing online content should establish special type- and size-oriented obligations on companies, incentivize platforms to improve their own standards, and require human rights due diligence and reporting. Such requirements should prioritize broad transparency across core products and practices, including content moderation, recommendation and algorithmic systems, collection and use of data, and targeted advertising practices. Intermediaries should continue to benefit from safe-harbor protections for most user-generated and third-party content appearing on their platforms, so as not to encourage restrictions that could inhibit free expression. Laws should also protect “good Samaritan” rules and reserve decisions on the legality of content for the judiciary rather than companies or executive agencies. Internet users whose content is removed should have access to adequate systems for notice, redress, and appeal. Moreover, independent, multistakeholder bodies with sufficient resources should be empowered to oversee laws’ implementation, conduct audits, and ensure compliance. Foster a reliable and diverse information space Maintain access to information and support free expression online, particularly during elections, protests, and periods of conflict. Access to the internet is a human right. Intentional disruptions to internet access impact individuals’ economic, social, political, and civil rights. Governments should refrain from banning social media and messaging platforms. While such services may present genuine societal and national security concerns, bans constitute an arbitrary and disproportionate response that unduly restricts users’ cultural, social, and political speech. Governments should address any legitimate human rights or other risks posed by social media and messaging platforms through existing, democratic mechanisms—including regulatory action, security audits, parliamentary scrutiny, and legislation passed in consultation with civil society and affected stakeholders—rather than resorting to national security orders and emergency measures. Address the digital divide. Unequal access to the internet entrenches societal inequity. In the short term, governments should work with service providers to lift data caps and waive fees for late payments; they should also support communitybased initiatives to provide secure public access points and lend electronic devices to individuals who need them. Longer-term efforts should include expanding access and building internet infrastructure for underserved areas and populations, ensuring that connectivity is affordable, and enacting strong legal protections for user privacy and net neutrality. Governments should invest in digital literacy training through public education, public service advertising campaigns, and other mechanisms to target individuals from all age groups and socioeconomic backgrounds. 26 @freedomonthenet #FreedomOnTheNet