Publications

April 21, 2021
Title: Spring 2021 Investor Update: A Digital Rights Playbook
Author: Rebecca MacKinnon, Maya Villasenor, and Melissa Brown

February 24, 2021
Title: 2020 RDR Corporate Accountability Index
Author: Ranking Digital Rights
The 2020 RDR Corporate Accountability Index evaluates 26 of the world’s most powerful digital platforms and telecommunications companies on their disclosed policies and practices affecting users’ rights to freedom of expression and information and privacy.

October 7, 2020
Title: Fall 2020 Investor Update
Author: Rebecca MacKinnon and Melissa Brown

May 27, 2020
Title: Getting to the Source of Infodemics: It’s the Business Model
Authors: Nathalie Maréchal, Rebecca MacKinnon, Jessica Dheere
MoreAbstract: This second part of a two-part series, argues that international human rights standards provide a framework for holding social media platforms accountable for their social impact that complements existing U.S. law and can help lawmakers determine how best to regulate these companies without curtailing users’ rights. Drawing on our five years of research for the Ranking Digital Rights (RDR) Corporate Accountability Index, we point to concrete ways that the three social media giants have failed to respect users’ human rights as they deploy targeted advertising business models and algorithmic systems. We describe how the absence of data protection rules enables the unrestricted use of algorithms to make assumptions about users that determine what content they see and what advertising is targeted to them. It is precisely this targeting that can result in discriminatory practices as well as the amplification of misinformation and harmful speech. We then present concrete areas where Congress needs to act to mitigate the harms of misinformation and other dangerous speech without compromising free expression and privacy: transparency and accountability for online advertising, starting with political ads; federal privacy law; and corporate governance reform.

March 17, 2020
Title: It’s Not Just the Content, It’s the Business Model: Democracy’s Online Speech Challenge
Authors: Nathalie Maréchal, Ellery Biddle
MoreAbstract: This report, the first in a two-part series, articulates the connection between surveillance-based business models and the health of democracy. Drawing from Ranking Digital Rights’s extensive research on corporate policies and digital rights, we examine two overarching types of algorithms, give examples of how these technologies are used both to propagate and prohibit different forms of online speech (including targeted ads), and show how they can cause or catalyze social harm, particularly in the context of the 2020 U.S. election. We also highlight what we don’t know about these systems, and call on companies to be much more transparent about how they work.

January 8, 2020
Title: 2020 Investor Update: Digital rights 2020 outlook – Market realities and regulation are raising the bar
Authors: Rebecca MacKinnon, Melissa Brown, Jasmine Arooni
MoreAbstract: This third edition of the RDR Investor Update draws on the findings of the 2019 RDR Corporate Accountability Index to offer institutional investors insights into key human rights risks of the world’s most important internet, mobile, and telecommunications companies.

May 16, 2019
Title: 2019 RDR Corporate Accountability Index
Author: Ranking Digital Rights
MoreAbstract: The 2019 Ranking Digital Rights Corporate Accountability Index evaluates 24 of the world’s most powerful internet, mobile, and telecommunications companies on 35 indicators examining their disclosed commitments and policies affecting freedom of expression and privacy, including governance and accountability mechanisms. Together, the companies evaluated in the RDR Index offer products and services that are used by at least half of the world’s 4.3 billion internet users. While more than half of the companies evaluated for the 2019 RDR Index made some meaningful improvements, most still fell short of disclosing basic information to users about the design, management, and governance of the digital platforms and services that affect human rights. To view in-depth results and data visualizations, download full datasets, and access related resources, news, and updates, please visit: https://rankingdigitalrights.org/index2019.

October 29, 2018
Title: 2018 Investor Update: Poor Digital Rights Governance—Users, Investors, and Societies Pay the Price
Authors: Rebecca MacKinnon, Melissa Brown
MoreAbstract: The 2018 Ranking Digital Rights Corporate Accountability Index findings foreshadowed many of the corporate governance and disclosure problems reflected in this year’s constant stream of negative news headlines about some of the world’s most powerful internet companies. The 2018 Investor Update reviews key developments of the past year and their relationship to RDR Index findings and methodology, and flags some developments to watch as we move into 2019.

April 25, 2018
Title: 2018 RDR Corporate Accountability Index
Author: Ranking Digital Rights
MoreAbstract: The 2018 Ranking Digital Rights Corporate Accountability Index evaluates 22 of the world’s most powerful internet, mobile, and telecommunications companies on 35 indicators examining their disclosed commitments and policies affecting freedom of expression and privacy, including governance and accountability mechanisms. Together, the companies evaluated in the RDR Index offer products and services that are used by at least half of the world’s 4.2 billion internet users. This is the third RDR Index: Previous RDR Indexes were released in November 2015 and March 2017. The 2018 RDR Index evaluates the same companies on the same questions as the 2017 RDR Index. While more than half of the companies evaluated for the 2018 RDR Index made some meaningful improvements, most still fell short of disclosing basic information to users about the design,management, and governance of the digital platforms and services that affect human rights. To view in-depth results and data visualizations, download full datasets, and access related resources, news, and updates, please visit: https://rankingdigitalrights.org/index2018.

December 2017
Title: Submission to UN Special Rapporteur for Freedom of Expression and Opinion David Kaye: Content Regulation in the Digital Age
Authors: Rebecca MacKinnon, Laura Reed, Ilana Ullman
MoreAbstract: Internet platforms around the world are under increasing pressure from governments and many other stakeholders to remove objectionable content. From misinformation to hate speech to extremist content to harassment and abuse, these platforms have become gatekeepers of what information the public can access and share. Yet, despite the important role they play in mediating public discourse, and despite progress by some companies in recent years in disclosing policies and actions related to government requests, the process of policing content on internet platforms remains unacceptably opaque. As a result, users of internet platforms cannot adequately understand how their online information environment is being governed and shaped, by whom, under what authorities, for what reason. When transparency around the policing of online speech is inadequate, people do not know who to hold accountable when infringements of their expression rights occur. This situation is exacerbated by the fact that some of the world’s most powerful internet platforms do not conduct systematic impact assessments of how their terms of service policies and enforcement mechanisms affect users’ rights. Furthermore, grievance and remedy mechanisms for users to report and obtain redress when their expression rights are infringed are woefully inadequate.

September 21, 2017
Title: 2017 RDR Investor Research Note: Poor Digital Rights Performance—Who Pays the Price?
Authors: Melissa Brown, Rebecca MacKinnon
MoreAbstract: When companies fail to respect users’ privacy and freedom of expression, users clearly pay a price—but so do investors. This research note introduces global investors to the evaluation framework, analysis and data produced by Ranking Digital Rights, which ranks the world’s most important internet, mobile, and telecommunications companies on disclosed policies affecting users’ privacy and freedom of expression. The goal is to build investor awareness of potential material risks related to digital rights in order to inform investment research and decisions, and to support investor engagement with companies on these issues.

March 23, 2017
Title: 2017 RDR Corporate Accountability Index
Author: Ranking Digital Rights
MoreAbstract: The 2017 Ranking Digital Rights Corporate Accountability Index evaluates 22 of the world’s most powerful internet, mobile, and telecommunications companies on disclosed commitments and policies affecting freedom of expression and privacy. Together, the companies evaluated in the RDR Index offer products and services that are used by at least half of the world’s 3.7 billion internet users. We regret to report that companies do not disclose enough information to their users about policies and practices affecting freedom of expression and privacy. As a result, most of the world’s internet users lack the information they need to make informed choices. We are also pleased to report, however, that many companies have made meaningful improvements since our inaugural RDR Index was launched in late 2015. This RDR Index builds on the 2015 RDR Index, adding six new companies and expanding the methodology to include what we call “mobile ecosystems.” Companies were evaluated on 35 indicators examining disclosed commitments and policies affecting freedom of expression and privacy, including corporate governance and accountability mechanisms. To view in-depth results and data visualizations, download full datasets, and access related resources, news, and updates, please visit: rankingdigitalrights.org/index2017.

February 2017
Title: Progress and peril: the role of ICT companies in promoting and curtailing human rights
Authors: Priya Kumar, Revati Presad, Nathalie Maréchal
MoreAbstract: The 2030 Agenda for Sustainable Development highlights the centrality of information and communications technology (ICT) to 21st century development. Tools like e-learning, “smart infrastructure,” service delivery databases, and mobile devices hold great potential to help meet the Sustainable Development Goals (SDGs) through partnerships between national governments and private companies. Any strategy for the use of ICTs to promote human rights and development must acknowledge that private entities develop most ICTs. Such companies help people access information, conduct business, and connect with others, but their role as gatekeepers also makes them choke points, particularly related to freedom of expression and privacy. Although ICT companies have taken steps to provide greater insight about how their actions affect human rights, far more transparency is needed hold these companies to account. If the SDGs are to “realize human rights for all,” it is imperative that ICT for development (ICT4D) projects take steps to mitigate the risks that come from using ICTs. These technologies pose particular threats to privacy and freedom of expression, which jeopardizes people’s ability to advocate for human rights more broadly without fear of reprisal. This article outlines the human rights risks of increased use of ICTs and offers a framework for private sector and government actors to mitigate them. While acknowledging the real and potential benefits of increased ICT use in advancing development and human rights, the article provides examples of threats to human rights that stem from the policies and practices of ICT companies. It concludes with specific recommendations for companies and guidance for governments that seek to influence the private sector in this regard. Notably, it calls for governments and donors to exercise due diligence in evaluating companies’ commitment to human rights when choosing private sector partners for ICT4D projects.

December 21, 2016
Title: Corporate Accountability for a Free and Open Internet
Authors: Rebecca MacKinnon, Nathalie Maréchal, Priya Kumar
MoreAbstract: Private internet intermediaries increasingly find themselves at odds with governments, with serious implications for human rights. While companies face tougher data protection and privacy laws in some jurisdictions, they also face growing legal requirements to comply with mass surveillance, weaken encryption and facilitate censorship in ways that contravene international human rights standards. In many countries, they face increasing legal liability for users’ activities. Even where law does not compel companies to violate users’ rights, companies generally lack sufficient market and regulatory incentives to protect the human rights of all of their users. The resulting global “governance gaps” require new types of cross-border institutions and mechanisms to strengthen companies’ ability to respect users’ rights and to hold firms accountable.

December 2016
Title: Privacy Policies and Their Lack of Clear Disclosure Regarding the Life Cycle of User Information
Author: Priya Kumar
MoreAbstract: Companies, particularly those in the information and communications technology sector, collect, aggregate, and store immense amounts of information about billions of people around the world. Privacy policies represent the primary means through which companies articulate to the public how they manage this user information. Extensive research has documented the problems with such policies, including that they are difficult to understand. This paper presents an analysis of 23 policies from 16 of the world’s largest internet and telecommunications companies and shows the specific ways that vague or unclear language hinders comprehension of company practice. It argues that the lack of clarity in such policies presents a significant barrier toward empowering people to make informed choices about which products or services to use. The incoherent language in privacy policies can also hinder the widespread adoption of machine learning or other techniques to analyze such policies. Clearer disclosure from companies about how they use, share, and retain all types of information they collect will shed light on what the life cycle of user information looks like.

November 2016
Title: Submission to David Kaye, UN Special Rapporteur on the protection of the right to freedom of opinion and expression
Author: Rebecca MacKinnon
MoreAbstract: This document is submitted in response to the Special Rapporteur’s “Call for submissions from NGOs and other stakeholders: Study on Telecommunications and Internet Access Sector.” The Call seeks information from stakeholders on three sets of questions. This memo will focus primarily on the first two questions, focusing on state regulation and company policies and practices, as they pertain to telecommunications companies.

October 2016
Title: When Bots Tweet: Toward a Normative Framework For Bots on Social Networking Sites
Author: Nathalie Maréchal
MoreAbstract: Political actors are using algorithms and automation to sway public opinion, notably through the use of “bot” accounts on social networking sites. This article considers the responsibility of social networking sites and other platforms to respect human rights, such as freedom of expression and privacy. It then proposes a set of standards for chat bots operating on these platforms, building on the existing policies of leading social networking platforms and on the indicators laid out by Ranking Digital Rights. A good normative framework for the use of bots on social networking sites should have three components: bots should clearly be labeled as such, they should not contact other users without consent, and information collected by them should only be used for disclosed purposes.

May 7, 2016
Title: Ranking Digital Rights: Pushing ICT Companies to Respect User Privacy
Author: Priya Kumar
MoreAbstract: It is well understood that technology companies collect and use data about people in ways that pose risks to privacy. But until now, little research has compared the extent to which global companies commit to respect users’ rights, including privacy. The Ranking Digital Rights Corporate Accountability Index compares the public commitments and disclosures of 16 of the world’s largest internet and telecommunications companies on criteria related to freedom of expression and privacy. This paper describes the index’s findings on corporate handling of user information. It also highlights how the RDR Index, whose criteria are grounded in international human rights standards and Privacy by Design principles, can push companies to better respect the privacy of their users.

January 29, 2016
Title: Submission to UN Special Rapporteur David Kaye: Study on Freedom of Expression and the Private Sector in the Digital Age
Author: Rebecca MacKinnon
MoreAbstract: In November 2015, Ranking Digital Rights launched its inaugural RDR Corporate Accountability Index, which evaluates 16 of the world’s most powerful internet and telecommunications companies on their disclosed commitments, policies, and practices that affect users’ freedom of expression and privacy. The RDR Index methodology for evaluating companies’ policies and practices affecting users’ freedom of expression and privacy rights was developed over a two year period of collaborative research and stakeholder consultation. It builds directly upon a number of established and emerging principles, processes and standards, including the UN Guiding Principles for Business and Human Rights, the Global Network Initiative’s Principles and Implementation Guidelines, and a number of other standards related to freedom of expression, privacy, data protection, and security. We believe that lessons learned during our methodology development process, as well as the Index findings, can be of value to a UN study on freedom of expression and the private sector in the digital age.

January 13, 2016
Title: Ranking Digital Rights Findings on Transparency Reporting and Companies’ Terms of Service Enforcement
Author: Priya Kumar
MoreAbstract: The 2015 Ranking Digital Rights Corporate Accountability Index includes several indicators on companies’ transparency reporting practices with regard to free expression and privacy. Three indicators focus on companies’ terms of service (TOS) enforcement (F3, F4, F9). Three indicators focus on companies’ disclosure of their processes and reporting related to third-party requests for content restriction (F6, F7, F8). Two indicators focus on companies’ disclosure of their processes and reporting related to third-party requests for user data (P9, P11). See the appendix for definitions of key terms, full text of the indicators, and links to Index data about company performance.

2015
Title: Ranking Digital Rights: Human Rights, the Internet and the Fifth Estate
Author: Nathalie Maréchal
MoreAbstract: In this essay, I will use the example of a new human rights advocacy project, Ranking Digital Rights, as the basis for a broader discussion of civil society activism, the new global public sphere and the protection of human rights in the 21st century. This article is part of a broader research agenda in which I consider the rapid evolution of norms governing access to and control of information that I believe characterizes the beginning of the 21st century. Conceptually, Ranking Digital Rights represents the convergence of several important themes: business and human rights, the Internet freedom agenda, and the Fifth Estate. In my discussion I will touch on each of these themes in turn before offering a few suggestions for researchers and activists.

December 22, 2015
Title: Ranking Digital Rights: Keeping the Internet safe for advocacy
Author: Nathalie Maréchal
MoreAbstract: The Ranking Digital Rights project is creating a system to evaluate the world’s internet and mobile companies on policies and practices related to free expression and privacy in the context of international human rights law. In this article, project researcher, Nathalie Maréchal, talks about the ideas and events that have informed the project and the challenges and opportunities involved in taking it forward.

November 2015
Title: 2015 Ranking Digital Rights Corporate Accountability Index
Author: Ranking Digital Rights
MoreAbstract: The inaugural Ranking Digital Rights Corporate Accountability Index evaluates 16 of the world’s most powerful internet and telecommunications companies on their commitments, policies, and practices that affect users’ freedom of expression and privacy. By opening the door for greater corporate transparency and public scrutiny of business practices, the RDR Index encourages companies to do a better job of respecting their users’ rights around the globe. To view in-depth results, download data, and access related resources, news, and updates, please visit: rankingdigitalrights.org.

March 2015
Title: Phase 1 Pilot Study: Report on Pilot Study Results and Lessons Learned
Authors: Ranking Digital Rights and Sustainalytics
MoreAbstract: The Ranking Digital Rights project is developing a system to rank the world’s most powerful information and communications technology (ICT) companies on their respect for users’ free expression and privacy rights. The data we generate will equip advocates, policymakers, and investors with the facts they need to hold companies accountable. It will also help companies improve their own policies and practices, and inform technology users about which companies are better equipped to respect their rights. The project includes two phases. Phase 1 ranks internet and telecommunications companies based and operating in countries around the world. This pilot study focused on 12 Phase 1 companies. The names of the companies examined in the pilot will not be disclosed. We plan to release a full, public ranking of 10-15 Phase 1 companies in Fall 2015. Phase 2 will incorporate software, device, and equipment manufacturers into the ranking in 2016, and may increase the overall number of companies ranked, funds permitting.

January 19, 2015
Title: Fostering Freedom Online: the Role of Internet Intermediaries, UNESCO Series on Internet Freedom
Authors: Rebecca MacKinnon, Elonnai Hickock, Allon Bar, and Hae-in Lim
MoreAbstract: Freedom of expression is a universal human right that applies equally to the internet as to the offline world. The goal of this report, the third in UNESCO Series on Internet Freedom, is to shed light on how internet intermediaries – services that mediate online communication and enable various forms of online expression – both foster and restrict freedom of expression across a range of jurisdictions, circumstances, technologies, and business models.

 

(Last updated: 16 May 2019]

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