Issue: № 3, 2025
Doi: https://doi.org/10.37634/efp.2025.3.12
The rapid evolution of digital technologies and the pervasive influence of the internet have profoundly reshaped the information landscape, necessitating a continuous adaptation of legal frameworks. The United States, as a global leader in technology and information, faces unique challenges in balancing freedom of expression, national security, and individual rights within its information policy. This article examines the legislative underpinnings of this policy, tracing its historical trajectory and analyzing its current state. The primary purpose of this article is to provide a comprehensive analysis of the U.S. legislative framework for information policy. This includes examining the evolution of relevant laws, identifying key regulatory bodies, assessing the effectiveness of existing regulations in addressing contemporary challenges (such as disinformation and cybersecurity threats), and exploring the interplay between domestic policy and international influences. The article will focus on the balance that is needed among freedom of speech, data security, and national security. The analysis reveals a complex and multi-layered legal structure. Key pieces of legislation, such as the First Amendment (guaranteeing freedom of speech), the Communications Decency Act, the Digital Millennium Copyright Act, and various privacy laws, form the foundation. The roles of the FCC, FTC, and Department of Justice are crucial in enforcement and policy development. The study finds that while the U.S. has a robust legal framework, challenges remain in addressing the rapid pace of technological change, the rise of social media platforms as primary sources of information (and disinformation), and the increasing sophistication of cyber threats. The increasing influence of algorithms in content moderation creates new areas of concern related to bias and censorship. Furthermore, international cooperation, especially with the EU on data protection (e.g., GDPR considerations), significantly impacts U.S. policy. The U.S. information policy legislative framework is in a state of constant evolution. While existing laws provide a strong foundation, ongoing adaptation is crucial to address emerging threats and opportunities. Future legislative initiatives should focus on enhancing cybersecurity measures, combating disinformation effectively (while upholding freedom of speech), clarifying the responsibilities of social media platforms, and promoting greater transparency in algorithmic content moderation. Finding the optimal balance between protecting individual rights, ensuring national security, and fostering a vibrant and open information environment remains a critical and ongoing challenge. Further legal development is needed to strike a balance among freedom of speech, data security, and national interests.
Keywords : US information policy, legislative regulation, freedom of speech, personal data protection, disinformation, cybersecurity, digital technologies, state regulation
References:
1. Brookings Institution. Regulating Big Tech: The Future of Antitrust and Privacy in the Digital Age. Washington, D.C., 2022.
2. Children’s Online Privacy Protection Act (COPPA). Public Law 105-277, 1998.
3. Classified Information Procedures Act. Public Law 96-456, 1982.
4. Congressional Research Service. Big Tech and Data Privacy, 2023.
5. Cybersecurity Act. Public Law 114-113, 2015.
6. Electronic Frontier Foundation (EFF). State of Surveillance: Government Policies and Civil Liberties in the Digital Era. San Francisco, 2023
7. Federal Communications Commission (FCC). Annual Report on the State of the U.S. Communications Market. Washington, D.C., 2021.
8. Federal Trade Commission (FTC). Privacy & Data Security Update: Regulatory Developments and Enforcement Actions. Washington, D.C., 2023.
9. Federal Trade Commission. Report on Disinformation and Social Media, 2022.
10. Freedom of Information Act (FOIA). Public Law 89-487, 1966.
11. Lessig L. The Future of Ideas: The Fate of the Commons in a Connected World. New York, 2001. 352 p.
12. National Institute of Standards and Technology (NIST). Cybersecurity Framework Version 2.0: Improving Critical Infrastructure Cybersecurity. U.S. Department of Commerce, 2022.
13. Pasquale F. New Laws of Robotics: Defending Human Expertise in the Age of AI. Cambridge, 2020. 336 p.
14. Privacy Act. Public Law 93-579, 1974.
15. RAND Corporation. Disinformation and Democracy: Policy Recommendations for a Resilient Digital Future. Santa Monica, 2023.
16. Schneier B. Click Here to Kill Everybody: Security and Survival in a Hyper-Connected World. New York, 2018. 304 p.
17. Solove D.J. The Digital Person: Technology and Privacy in the Information Age. New York, 2021. 283 p.
18. Stone G.R. Perilous Times: Free Speech in Wartime. New York, 2017. 730 p.
19. Sunstein C.R. Republic: Divided Democracy in the Age of Social Media. Princeton, 2018. 328 p.
20. U.S. Constitution. Fifth Amendment, 1791.
21. U.S. Constitution. First Amendment, 1791.
22. U.S. Constitution. Fourth Amendment, 1791.
23. U.S. Department of Justice. Antitrust Enforcement in the Digital Economy: Report to Congress. Washington, D.C., 2022.
24. USA PATRIOT Act. Public Law 107-56, 2001.
25. Wu T. The Curse of Bigness: Antitrust in the New Gilded Age. New York: Columbia Global Reports. 2020. 150 p.
26. Zuboff S. The Age of Surveillance Capitalism: The Fight for a Human Future at the New Frontier of Power. New York: PublicAffairs. 2019. 704 p.
27. Patlachuk V.N., Patlachuk O.V. Constitutions of the world in 20 vol. Kyiv, 2023. Vol. 17. pp. 158-159. (in Ukrainian).