How the Poor Data Privacy Regime Contributes to Misinformation Spread and Democratic Erosion

Wayne Unger

doi:10.52214/stlr.v22i2.8668

Abstract

Disinformation campaigns reduce trust in democracy, harm democratic institutions, and endanger public health and safety. While disinformation and misinformation are not new, their rapid and widespread dissemination has only recently been made possible by technological developments that enable never-before-seen levels of mass communication and persuasion.Today, a mix of social media, algorithms, personal profiling, and psychology enable a new dimension of political messaging—a dimension that disinformers exploit for their political gain. These enablers share a root cause—the poor data privacy and security regime in the U.S.At its core, democracy requires independent thought, personal autonomy, and trust in democratic institutions. A public that thinks critically and acts independently can check the government’s power and authority. However, when the public is misinformed, it lacks the autonomy to freely elect and check its representatives and the fundamental basis for democracy erodes. This Article addresses a root cause of misinformation dissemination —the absence of strong data privacy protections in the U.S.—and its effects on democracy. This Article explains, from a technological perspective, how personal information is used for personal profiling, and how personal profiling contributes to the mass interpersonal persuasion that disinformation campaigns exploit to advance their political goals.

Highlights

Since 2014, there has been a wave of disinformation by which foreign and domestic actors have launched information operations against democracies
Disinformation and the Poor Data Privacy Regime the public is misinformed, it lacks the autonomy to freely elect and check its representatives and the fundamental basis for democracy erodes. This Article addresses a root cause of misinformation dissemination —the absence of strong data privacy protections in the U.S.—and its effects on democracy. This Article explains, from a technological perspective, how personal information is used for personal profiling, and how personal profiling contributes to the mass interpersonal persuasion that disinformation campaigns exploit to advance their political goals
A mix of social media, algorithms, personal profiling, and psychology enable a new form of political messaging.[6]

Summary

INTRODUCTION

Since 2014, there has been a wave of disinformation by which foreign and domestic actors have launched information operations against democracies. Once elected representatives are in office, citizens risk the inability to hold those elected representatives accountable This Article focuses on the absence of strong data privacy protections as a root cause of misinformation dissemination and the subsequent effects on American democracy.[10] This Article explains, from a technological perspective, how personal. 12 See Harsin, supra note 3, at 8 This Article focuses on fabricated, misleading, or manipulated content). [Vol 22:308 campaigns, and has deployed disinformation campaigns against foreign states to advance its own national interests, this Article focuses on the American people as recipients of misinformation

DISINFORMATION CAMPAIGNS

The Rise of Disinformation Online

The Anatomy of Disinformation and Disinformation Campaigns

Mail-In Voter Fraud

The Research of Disinformation

THE ENABLERS

Social Media Platforms Are Widespread and Addictive

Social Media Platforms Profile Users and Personalize Content

This Is Only Possible Due to a Weak Data Privacy Regime

CASE STUDY

This Disinformation Hurt American Democracy

Legal Solutions to Disinformation Campaigns