Brookings Institution

With five months to go until a presidential election that promises to be a major test of American democratic institutions, American laws are in desperate need of update to address digital forms of voter suppression and how political debate and campaigning has moved online. Several ideas for rules that government could enact to provide the necessary transparency to help ensure that voter suppression does not run unchecked online include:

“I have the right to do a lot of things that people don’t even know about,” President Donald Trump said in a 2020 Oval Office exchange. One of those powers is his authority to shut down radio, television, both wireless and wired phone networks, and the internet. It is not a big step from using the power of the government to threaten free expression to actually doing something to curtail that expression. All it takes is a unilateral “proclamation by the President” of the existence of a “national emergency.”

Contact tracing done wrong threatens privacy and invites mission creep into adjacent fields, including policing. Government actors might (and do) distort and corrupt public-health messaging to serve their own interests. Automated policing and content control raise the prospect of a slide into authoritarianism. But most critics have focused narrowly on classic privacy concerns about data leakage and mission creep—especially the risk of improper government access to and use of sensitive data.