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Jason Lamb Law and Public Policy Scholar [email protected] Temple University Beasley School of Law COPYRIGHT © 2013 Jason Lamb

The Digital Divide: Free Expression, Technology and a Fair Democracy

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Jason LambLaw and Public Policy Scholar

[email protected]

Temple University Beasley School of Law

COPYRIGHT © 2013 Jason Lamb

Congress shall make no law ... abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble”

U.S. Constitution Amendment I

The Digital Divide results in disenfranchisementand the weakening of our democracy

1. What is the Digital Divide?

2. Optimal Free Expression Environment:

3. Policy shift is needed Multi-Stakeholder Process

Free Flow of Information Quality Education Open Forums

Wide disparities in access to computer and internet technology

The Digital Divide affects several demographics.

The Poor, Elderly, and Less Educated are the most affected

1 in 5 Americans do not use the internet

Only 43% of adults without high school education

Only 62% of those living in households making $30,000.00 or less

Only 40% of adults over 65

80%

20%

OptimalFree Expression

Environment

Free Flow of Information Quality Education

Open Forums

Time of the Founders

◦ Free Flow News papers & pamphlets

◦ Education Home school & private institutions

◦ Open Forums Voting, Pubs, Churches, Town Halls

Modern Era

◦ Free Flow (Various types of Media; Increasingly consolidated)

◦ Education (Public & private education; varying quality)

◦ Open forums (Voting, public discourse, buying power)

All 3 access points are now facilitated by the internet

Informed consent depends on the Free Flow

Broad access needed

Wide array of content needed

Broadband internet◦ Alternative information source

Homogenization of US media makes the internet an even more valuable resource.

In 1983 90% of US media was controlled by 50 companies

By 2012, over 95% is controlledby only 7 companies

The electorate must be educated about their rights and liberties

US education levels, especially civic education levels are at historic lows

Online educational tools are valuable supplementary and alternative resources

3 key benefits1. Conduit for the free flow of information2. Opportunity for citizens to discuss the issues3. Outlet for communicating dissent to the Government

3 Primary Open Forums1. The Vote

2. Public Discourse

3. Buying power through economic markets

The Vote

◦ Civic education and involvement are at all time lows

◦ Voter turn out has been consistently low

◦ Online resources are key sources of civic education and information

Public Discourse◦ Traditional sources increasingly less important

◦ Political Discussion Boards

◦ Blogs

◦ Fact Checking websites

Data Point: 54% of adults used the internet to get news about the 2010mid-term elections

Buying power◦ Long history of political dissent through buying

power

Boston Tea Party

Abolitionist boycotts of slave-made goods

Jim Crow boycotts

◦ E-commerce an increasingly important form of buying

◦ Cannot participate if you’re not online

FCC◦ E-rate Program (1996 - )◦ National Broadband Plan (2009 - )

DOC/NTIA◦ TOP – Technology Opportunities Program (1994-2004)◦ BTOP - Broadband Technology Opportunities Program (2009 –

2013)

HUD◦ NNP - Neighborhood Networks Program (1995 - )

Dept. of ED◦ CTC - Community Technology Centers Program (1999-2004)

Adoption of broadband internet access has slowed ◦ 2009 – 63% adoption◦ 2010 – 66% adoption◦ 2012 – 68% adoption

In contrast, smartphone adoption has skyrocketed.◦ 2009 – 17% adoption◦ 2011 – 35% adoption◦ 2012 – 46% adoption

The market moved much faster than the government despite our best efforts

Better coordinated efforts that are more responsive to the market are needed

5% increase ($7.2 Bil Federal dollars)

29% increase ($0.00 Federal dollars)

Multi-Stakeholder Process

Brings federal government, local government, private industry and non-profit stakeholders to the round table to

create flexible solutions

Administrative Goals: Equity, Accountability, Transparency and Participation

Policy Goals: Flexible/ Adaptable Solutions