Since its first days in the late 1990s, social media has evolved into a global force, becoming increasingly embedded in daily life and transforming communications worldwide.
According to Forbes, an estimated 4.9 billion people worldwide use social media and the average person spends about 145 minutes on social media every day. Concerns in Washington about the widespread use of social media by children and potential risks to data privacy and national security have led to greater scrutiny of social media. In April, President Biden signed an unprecedented bill that will ban TikTok in 2025 if it is not sold by its China-based parent company ByteDance to a U.S. company.
“What’s Up with TikTok, Twitter (X), Meta, etc.?: The Law and Neuroscience of Social Media,” a day-long symposium organized by Fordham Law’s Neuroscience and Law Center, explored the addictive nature of social media and its far-reaching implications. The event featured four panels examining social media’s psychological influence and ethical, constitutional, and regulatory challenges as users navigate a growing reliance on these platforms.
Deborah Denno
“This symposium is the first of its scale hosted by a law school to address the political developments surrounding social media’s regulation,” said Professor Deborah Denno, founding director of the Center. “It offers new insights into the challenges we face.”
One panel focused on privacy, national security, and ethical concerns presented by social media. Moderated by Fordham Law Professor Thomas H. Lee, the hour-long discussion featured experts Gaia Bernstein, Danielle Keats Citron ’94 , Timothy Edgar, and Peter Swire.
Bernstein, a leading privacy law scholar at Seton Hall Law School, discussed the harmful impact of social media’s addictive design, particularly on vulnerable groups, including children. She argued that the current regulatory model unfairly places the burden on parents to act as gatekeepers. Instead, Bernstein advocated for a direct liability model for tech companies that profit from keeping users online longer while harvesting their data.
“It’s pretty clear that tech companies will argue that now that there are parental gatekeeping rules in place, there’s no reason to have any direct regulation,” she said. She emphasized that, unlike parents, these companies have both the resources and responsibility to design safer platforms that prioritize privacy and prevent compulsive use.
Citron, who teaches about privacy, free expression, and civil rights at the University of Virginia Law School, expanded on the dangers of social media, focusing on the growing online harassment faced by women and minorities She cited disturbing examples of sexual threats and doxxing, illustrating how the anonymity provided by platforms fuels such abuse without any punishment. “Let’s now turn to the legal responsibility of sites hosting doxxing,” she said. “You know, the spoiler alert sadly, is that there is none. The idea is, it silences, right? It impacts and changes victims’ willingness to express themselves, and it alters what they are willing to say.”
Citron echoed Bernstein’s call for reforming Section 230 of the Communications Decency Act, to pave the way for duty of care legislation that would hold platforms accountable for protecting users from harm, such as harassment and privacy violations.
Speakers also addressed national security concerns associated with social media including the increased risks posed by platforms such as TikTok, which are controlled by foreign governments. Drawing on Benjamin Franklin’s concept of the “marketplace of ideas,” Edgar, who teaches at Harvard Law School and Brown University, warned that social media has evolved into a tool for geopolitical manipulation, as adversarial nations can weaponize personal data for cyberattacks, influence operations, or even blackmail.
Swire, a Professor of Law at the Georgia Institute of Technology and a leading privacy cybersecurity scholar, wrapped up the discussion by addressing the global dimensions of social media’s impact, particularly the challenges of balancing privacy protections with the need for government access to data in national security crises. “Personal data is no longer just personal; it has become a strategic asset in great power competition,” he explained, emphasizing how data has transformed into a geopolitical tool. He further highlighted the growing tension between tech companies’ resistance to government oversight and the urgent need for international cooperation and accountability in securing sensitive data.
In the end, the panelists agreed that, while it has the power to connect people in unprecedented ways, social media also presents significant risks to data, privacy, safety, and national security. They also argued that these challenges require a multi-faceted approach—one that includes legal reform, corporate responsibility, and global collaboration to ensure that social media serves the public good without compromising our fundamental rights.
The symposium was sponsored by the John Diane Simpson Family Foundation.
