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Insider threats to American national security pose a potent and growing danger. In the past five years, trusted US military and intelligence insiders have been responsible for the Wikileaks publication of thousands of classified reports, the worst intelligence breach in National Security Agency history, the deaths of a dozen Navy civilians and contractors at the Washington Navy Yard, and two attacks at Fort Hood that together killed sixteen people and injured more than fifty.

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Amy Zegart
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Please join us in congratulating Didi Kuo, Center Fellow at the Freeman Spogli Institute for International Studies (FS), and co-author Andrew S. Kelly, Assistant Professor in the Department of Health Sciences at California State University, East Bay, on being awarded the 2023 Leonard S. Robins Award for the Best Paper on Health Politics and Policy by the American Political Science Association (APSA)!

The Robins Award is named in honor of Leonard S. Robins, who, through his presence and gentle questioning at virtually every health politics panel, graciously nurtured the scholarship of both junior and senior scholars. The award recognizes the best paper on any subject that fits under the rubric of Health Politics and Policy presented at the previous annual APSA meeting.

Kuo and Kelly's award-winning paper, "State Capacity and Public Health: California and COVID-19," investigates the comparative COVID-19 policy response across counties and regions within California. In the description of the 2022 APSA panel "The Politics of Pandemic Response and the Opportunities for Health Policy Reform," during which they presented their paper, it notes that "In moving beyond a consideration of formal state and public health capacity, Kuo and Kelly argue that the more robust policy response of the Bay Area was, in part, a product of partnerships between state and community-based actors. Drawing on the concept of 'embedded autonomy,' Kuo and Kelly reconceptualize public health capacity and consider it within broader issues of state capacity and democracy."

An abstract of the paper can be found below:
 

On March 17, 2020, six counties in the Bay Area jointly issued the nation’s first shelter-in-place orders in response to the COVID-19 crisis. Cities and states across the United States quickly followed suit, with varying degrees of success. Public health officials have been critical in setting policies, enforcing behavioral and non-pharmaceutical interventions, and communicating with the public. This paper explores the determinants of public health capacity, distinguishing between formal institutional capacity (ie budget, staff) and informal embedded capacity (ie community ties, insulation from political pressures). It argues that informal embedded capacity is critical to public health capacity, but difficult to measure empirically. It concludes by relating public health capacity to broader issues of state capacity and democracy.

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Didi Kuo, FSI Center Fellow
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Didi Kuo, Expert on Comparative and American Politics, Announced as FSI’s Newest Center Fellow

As a Center Fellow, Kuo will continue to advance her research agenda at the Center on Democracy, Development and the Rule of Law, exploring both the challenges facing American democracy today and their roots.
Didi Kuo, Expert on Comparative and American Politics, Announced as FSI’s Newest Center Fellow
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The award recognizes Kuo and Kelly's paper, “State Capacity and Public Health: California and COVID-19,” as the best paper on health politics and policy presented at the 2022 American Political Science Association (APSA) conference.

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Nora Sulots
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The Center on Democracy, Development and the Rule of Law is pleased to announce the release of the third module of mini-lectures in our Solving Public Policy Problems massive open online course (MOOC).

Case studies like this are instrumental to the curriculum for both CDDRL’s Leadership Academy for Development (LAD) and the Masters’ in International Policy (MIP). They address a wide range of issues in developing countries and are designed to encourage you to think critically about key decisions that have led to policy reforms. This video refers to the implementation segment of the Problem-Solving Framework (module 1.3).

Case Study: Gifford Pinchot and Sustainable Forest Management


The year was 1909, and Gifford Pinchot, Chief Forester of the United States, faced a terrible personal dilemma. He had discovered a pattern of corruption in the sale of public lands to developers and other private interests. But the new president, William Howard Taft, depended on support from western Republicans and had placed a gag order on the whole affair. Pinchot was outraged at this evidence of corruption reaching the White House, but he wanted to give Taft a fair hearing. The new president had, after all, vowed to support conservation and strong control over federal lands. Taft invited Pinchot to the White House, where he alternately implored Pinchot not to go public with the matter and threatened him with dismissal if he violated the gag order. Pinchot had in his pocket a letter that could expose the scandal. This case explores the dilemma of Pinchot, a mid-level bureaucrat dependent on a president’s good will, and the strategies available to him. It shows the power of a single leader and the similarities the United States once had with many developing nations struggling with widespread corruption.

Through this case, students will gain a better understanding of how good communication is important for persuading stakeholders that a reform objective is both achievable and beneficial.

You can read the case study here, access the full series on our YouTube page, and watch Module 3 below:

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Grant Miller and Francis Fukuyma discuss the Case of World Health Partners-Sky
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Module 2 of CDDRL’s “Solving Public Policy Problems” Online Course Out Now

Using the Problem-Solving Framework from Module 1, our second set of mini-lectures examines the case study of child health outcomes in Bihar, India, and includes an interview with Grant Miller, the Henry J. Kaiser, Jr. Professor of Health Policy at the Stanford School of Medicine.
Module 2 of CDDRL’s “Solving Public Policy Problems” Online Course Out Now
Solving Public Policy Problems
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Reimagining Public Policy Education at Stanford and Beyond

The Center on Democracy, Development and the Rule of Law is proud to announce the launch of a new free massive open online course aimed at providing participants with a foundational knowledge of the best means for enacting effective policy change in their home countries.
Reimagining Public Policy Education at Stanford and Beyond
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This single-video module examines the case of Gifford Pinchot and Sustainable Forest Management. Through this case study, students will gain a better understanding of how good communication is important for persuading stakeholders that a reform objective is both achievable and beneficial.

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Hate speech is a contextual phenomenon. What offends or inflames in one context may differ from what incites violence in a different time, place, and cultural landscape. Theories of hate speech, especially Susan Benesch’s concept of “dangerous speech” (hateful speech that incites violence), have focused on the factors that cut across these paradigms. However, the existing scholarship is narrowly focused on situations of mass violence or societal unrest in America or Europe.

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Michael McFaul, director of Stanford's Freeman Spogli Institute for International Studies, and several other members of the International Working Group on Russian Sanctions will speak about and answer questions about the group's new white paper, "Action Plan 2.0 on Strengthening Sanctions against the Russian Federation." The event will begin with brief presentations from the following working group members, with additional commentary from other members afterwards: 
 

  • Anders Åslund, Senior Fellow, Stockholm Free World Forum
  • Andriy Boytsun, Founder and Editor of the Ukrainian SOE Weekly; Independent Corporate Governance Consultant; Former Member of the Strategic Advisory Group for Supporting Ukrainian Reforms
  • Benjamin Hilgenstock, Senior Economist, KSE Institute in Frankfurt, Germany
  • Dr. Craig Kennedy, Center Associate, Davis Center for Russian and Eurasian Studies, Harvard University, and Former Vice Chairman, Bank of America Merrill Lynch
  • Oleksandr Novikov, Head of the National Agency on Corruption Prevention
  • Nataliia Shapoval, Vice President for Policy Research, Kyiv School of Economics
     

Additional comments by:
 

  • James Hodson, Director and Chief Executive Officer of AI for Good; Researcher at the Jozef Stefan Institute Artificial Intelligence Laboratory in Slovenia
  • Dr. Benjamin Schmitt, Project Development Scientist at Harvard University; Senior Fellow for Democratic Resilience at the Center for European Policy Analysis; Rethinking Diplomacy Fellow at Duke University
  • Pavlo Verkhniatskyi, Managing Partner and Director at COSA
Michael A. McFaul
Michael McFaul

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Many analysts, academics, and policymakers believe that in the coming years and decades, the biggest geopolitical challenges will lie between the West — particularly the United States — and China.

These policy challenges are often characterized in terms of rivalry and aggression, with some going so far as to frame U.S.-China relations as “a new Cold War.”

On April 24, in front of a large crowd assembled in Hauck Auditorium, U.S. Congressman Ro Khanna offered an alternative vision. 

A former visiting lecturer at Stanford, Khanna returned to the Farm for an event co-hosted by the Freeman Spogli Institute for International Studies (FSI) and the Hoover Institution to share his perspective on how healthy economic competition between the U.S. and China can be used as vehicle to stabilize relations between the U.S. and China and promotes peace and prosperity on both sides.

A full recording of his remarks, including a follow-up discussion with FSI Director Michael McFaul and Amy Zegart, a Senior Fellow at the Center for International Security and Cooperation (CISAC), is available below.

An economist by training, Khanna advocates for new trade policies and strategic business partnerships to be front and center in U.S. diplomacy with China. This “rebalancing,” as Khanna termed it, is a call for both countries to pursue a fuller, more robust economic development strategy while continuing to engage with each other.

Drawing inspiration from President John F. Kennedy’s commencement address at American University in 1963, Khanna urged listeners not to view “conflict as inevitable, accommodation as impossible, and communication as nothing more than an exchange of threats,” when it comes to managing the U.S.-China relationship.

Instead, Khanna outlined four key principles he believes will be crucial to navigating the tense years ahead. These include:

  1. An economic reset to reduce trade deficits and tensions
  2. Open lines of communication
  3. Effective military deterrence
  4. Respect for Asian partners and robust economic engagement with the world


Khanna is clear-eyed that these goals will take time to realize. Bringing jobs back to the United States will require large investments in domestic infrastructure. Leaders in Washington will need patience, persistence, and help from partners outside of politics to bridge communication gaps and ensure Beijing picks up its phones in moments of tension. Reallocating defense spending in a way that is fair both to American taxpayers and partners like Taiwan will need cooperation from lawmakers on both sides of the aisle.

But Khanna is confident that these barriers can be overcome. 

“I believe a constructive rebalancing with China can maintain the peace,” he told the audience. “It will not happen overnight. It will not happen with one president or one congressman. But it will happen if all of us - military and business leaders, educators, unions, activists, foreign policy experts and students work toward this goal. [We will win by] helping our own nation flourish and by putting our system and our promise of freedom on display for the world to see.”



Click the link to read Congressman Khanna's full remarks on
"Constructive Rebalancing with China."


 

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Marietje Schaake discusses the misuse of technology and the rise of digital authoritarianism with Youtube CEO Neal Mohan at the 2023 Summit for Democracy.
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Policy Impact Spotlight: Marietje Schaake on Taming Underregulated Tech

A transatlantic background and a decade of experience as a lawmaker in the European Parliament has given Marietje Schaake a unique perspective as a researcher investigating the harms technology is causing to democracy and human rights.
Policy Impact Spotlight: Marietje Schaake on Taming Underregulated Tech
From Left to Right: Yuko Kasuya, Lisandro Claudio, Donald Emmerson, Aya Watanabe, Marisa Kellam, Ruosui Zhang, Reza Idria, Francis Fukuyama, Michael Bennon, and Kana Inata.
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Workshop Brings Scholars Together to Discuss the State of Democracy, Development, and the Rule of Law in Southeast Asia

Scholars from Asia joined faculty and researchers from Stanford University’s Freeman Spogli Institute (FSI) to present research and reflections on various topics and cases from the Southeast Asia region, including the monarchy in politics, peace-making in the Philippines, Chinese infrastructure investments in Myanmar, illiberalism in the Philippines, and Islamic law in Indonesia.
Workshop Brings Scholars Together to Discuss the State of Democracy, Development, and the Rule of Law in Southeast Asia
Sunset view of high rises in Beijing, China.
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A Big Data China Event: “How Private Are Chinese Companies?”

Hosted in collaboration with the CSIS Trustee Chair in Chinese Business and Economics, this Big Data China event provided an overview of the latest data-driven research evaluating the influence of China’s party-state on China’s companies and their ability to maintain autonomy.
A Big Data China Event: “How Private Are Chinese Companies?”
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The congressman joined Michael McFaul and Amy Zegart for a discussion co-sponsored by the Freeman Spogli Institute for International Studies and the Hoover Institution on American economic resiliency in the face of U.S. competition with China.

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76 Platforms v. Supreme Court with Daphne Keller (part 1)
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Daphne Keller spoke with the Initiative for Digital Public Infrastructure at the University of Massachusetts Amherst about two potentially major cases currently before the Supreme Court

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California faces a host of difficult, long-term challenges in housing, transportation, water and climate, education, jobs and business, governance reform and other areas. Policy issues are complicated enough, but when one tries to think about them over the long-term, the considerations become even more complex. This project, California Considers: Policy Deliberations for our Long-term Success, will present detailed results on 56 proposed policy options, both in terms of conventional polling and in terms of what a representative sample of more than 700 California residents, gathered together virtually to deliberate in depth from all over the state, think about these policy choices. The result is a Deliberative Poll®, a poll before and after a representative sample deliberates in depth. A separate sample, a control group that did not deliberate answered the same questions in the same time period. Hence the result is an unprecedented experiment probing public opinion about the state’s many long-term challenges.

Partners 


The Deliberative Poll® was conducted by the Stanford Deliberative Democracy Lab, DDL, (housed within the Center on Democracy, Development and the Rule of Law, part of the Freeman Spogli Institute for International Studies at Stanford University), in collaboration with the Goldman School of Public Policy at the University of California at Berkeley and the California 100 Initiative. DDL has been involved in more than 120 Deliberative Polls® in 50 countries around the world, but never to probe the public’s considered judgments about the policy challenges of the further future. The deliberations took place on the Stanford Online Deliberation Platform, an AI-assisted form of moderation designed in collaboration with the Crowdsourced Democracy Team at Stanford and its director Professor Ashish Goel of Management Science and Engineering. The deliberations in moderated small group discussions on video in groups of 10 took place over an entire weekend, or during the week, for periods of equivalent length.

Results


The deliberations took place over four sessions during either the weekend or weekday, in the months of February and March. Participants met in moderated small group discussions on video in groups of 10 for periods of equivalent length. After deliberation on the policy proposals, the 700 expressed their conclusions in confidential questions. After considering all the pros and cons, there was supermajority support for ensuring adequate funding for infrastructure for roads and digital broadband, for vouchers for low-income access to public transit, for incentives for the creation of affordable housing, and new support for K-12 education. There was also significantly increased support for reform of CEQA (California Environmental Quality Act) and for increasing the threshold by which the state constitution can be changed with an initiative (from majority support to a requirement of 60%). A detailed report can be found here.

The deliberators weighed many difficult trade-offs and came up with thoughtful judgments about what needs to be done. They clearly envisioned a future for California that is more sustainable, equitable and governable—and they thought about how to get there.
James Fiskin
Director, Deliberative Democracy Lab

“There have been 120 Deliberative Polls® around the world. But this is the first to focus on the policy challenges of the further future,” shared Professor James Fishkin, Director of DDL. “The deliberators weighed many difficult trade-offs and came up with thoughtful judgments about what needs to be done. They clearly envisioned a future for California that is more sustainable, equitable and governable—and they thought about how to get there.”

"This Deliberative Poll® allowed Californians from across the state to listen to each other and learn from each other's experiences. Participants found that even though they may live in different parts of the state, have different jobs, or different lifestyles, their opinions on many of the policy issues are not so different. And, that they share the same concerns and worries for the state," added Alice Siu, Associate Director of DDL.

“California Considers shows that Californians are worried, upset, and unsure about California’s future, but they also felt more hopeful, curious, and energized about the future following deliberations where they got a chance to make concrete proposals to solve California’s problems. There are many novel findings from this exercise that merit deeper exploration, to help California address its looming challenges,” said Henry Brady, Director of Research for California 100.

“The California Considers Deliberative Poll® presented a representative sample of over 700 Californians with policy ideas that could transform our state’s direction in the long-term,” said Karthick Ramakrishnan, executive director of California 100. “Rather than simply getting their initial perspectives and taking them at face value, participants read briefing materials, deliberated with each other and experts, then revisited their positions to see what they concludedafter becoming better informed. What we found is that, in many instances, Californians from different backgrounds coalesced around common ideas seen as helping our state become more transparent, efficient, and innovative.”

About Stanford’s Deliberative Democracy Lab

The Deliberative Democracy Lab at Stanford University is housed within the Center on Democracy, Development and the Rule of Law, part of the Freeman Spogli Institute for International Studies. DDL is devoted to research about democracy and public opinion obtained through Deliberative Polling®. The method of Deliberative Polling® has been used in over 50 countries and jurisdictions around the world through over 120 projects, at varying levels of government and society.

About California 100

California 100 is a transformative statewide initiative focused on inspiring a vision and strategy for California’s next century that is innovative, sustainable, and equitable. The initiative is incubated at the University of California and Stanford, and is guided by an expert and intergenerational Commission. 

The mission of California 100 is to strengthen California’s ability to collectively solve problems and shape our long-term future—through research, policy innovation, advanced technology, and engagement—by identifying, mobilizing, and supporting champions for innovative and equitable solutions.

About the UC Berkeley Goldman School of Public Policy

The Goldman School of Public Policy is a graduate school at the University of California, Berkeley that prepares students for careers in public leadership. As a professional school of public policy grounded in scholarly practice, the Goldman School mobilizes the rich intellectual resources of the UC Berkeley campus to provide a transformational academic and cultural experience that instills standards of excellence and a deep sense of pride in one’s work, learning community, peers, and academic home. It is ranked one of the top three public policy schools in the world according to U.S. News and World Report.

Goldman School faculty represent the top researchers in their respective fields, which include economics, political science, law, social psychology, and engineering. Their expertise ranges from education policy to racial profiling to clean energy. As teachers, they are dedicated to training tomorrow's policy leaders. As researchers, their work is shaping public policy today.


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Participants of the America in One Room national Deliberation Poll in Dallas, TX, 2019
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Reforming Our Public Dialogue: New Deliberative Democracy Lab Joins CDDRL

The Deliberative Democracy Lab (formerly the Center for Deliberative Democracy) is devoted to research about democracy and public opinion obtained through Deliberative Polling® and related democratic processes.
Reforming Our Public Dialogue: New Deliberative Democracy Lab Joins CDDRL
Governance in California
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Stanford’s Center on Democracy, Development and the Rule of Law Releases Policy and Scenario Report on the Future of California's Governance

The research team led by Francis Fukuyama and Michael Bennon examined where California has been, where it’s at, and where it’s headed when it comes to possible scenarios and policy alternatives for the future.
Stanford’s Center on Democracy, Development and the Rule of Law Releases Policy and Scenario Report on the Future of California's Governance
Text on blue background that reads "GOVERNANCE, MEDIA AND CIVIL SOCIETY are critical to the long-term success of California" with logos for California100.org, Stanford's CDDRL, and California 100
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CDDRL Awarded a California 100 Grant to Evaluate Governance, Media and Civil Society in California’s Future

The research will be led by Francis Fukuyama, Mosbacher Director of CDDRL, and Michael Bennon, Program Manager of CDDRL’s Infrastructure Policy Research Initiative
CDDRL Awarded a California 100 Grant to Evaluate Governance, Media and Civil Society in California’s Future
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Conducted in partnership with CDDRL's Deliberative Democracy Lab and the UC Berkeley Goldman School of Public Policy, key findings show strong support for the state to provide universal mental healthcare, institute a strengthened high school civics course, develop a “one-stop-shop” for easier access to government programs, reform for the state’s CEQA law, and increase its support for K-12 education, among others.

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Melissa Morgan
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Picture this: you are sitting in the kitchen of your home enjoying a drink. As you sip, you scroll through your phone, looking at the news of the day. You text a link to a news article critiquing your government’s stance on the press to a friend who works in media. Your sibling sends you a message on an encrypted service updating you on the details of their upcoming travel plans. You set a reminder on your calendar about a doctor’s appointment, then open your banking app to make sure the payment for this month’s rent was processed.

Everything about this scene is personal. Nothing about it is private.

Without your knowledge or consent, your phone has been infected with spyware. This technology makes it possible for someone to silently watch and taking careful notes about who you are, who you know, and what you’re doing. They see your files, have your contacts, and know the exact route you took home from work on any given day. They can even turn the microphone of your phone on and listen to the conversations you’re having in the room.

This is not some hypothetical, Orwellian drama, but a reality for thousands of people around the world. This kind of technology — once a capability only of the most technologically advanced governments — is now commercially available and for sale from numerous private companies who are known to sell it to state agencies and private actors alike. This total loss of privacy should worry everyone, but for human rights activists and journalists challenging authoritarian powers, it has become a matter of life and death. 

The companies who develop and sell this technology are only passively accountable toward governments at best, and at worse have their tacit support. And it is this lack of regulation that Marietje Schaake, the International Policy Director at the Cyber Policy Center and International Policy Fellow at Stanford HAI, is trying to change.
 

Amsterdam and Tehran: A Tale of Two Elections


Schaake did not begin her professional career with the intention of becoming Europe’s “most wired politician,” as she has frequently been dubbed by the press. In many ways, her step into politics came as something of a surprise, albeit a pleasant one.
 
“I've always been very interested in public service and trying to improve society and the lives of others, but I ran not expecting at all that I would actually get elected,” Schaake confesses.

As a candidate on the 2008 ticket for the Democrats 66 (D66) political party of the Netherlands, Schaake saw herself as someone who could help move the party’s campaign forward, but not as a serious contender in the open party election system. But when her party performed exceptionally well, at the age of 30, Schaake landed in the third position of a 30-person list vying to fill the 25 open seats available for representatives from all political parties in the Netherlands. Having taken a top spot among a field of hundreds of candidates, she found herself on her way to being a Member of the European Parliament (MEP).

Marietje Schaake participates in a panel on human rights and communication technologies as a member of the European Parliament in April 2012.
Marietje Schaake participates in a panel on human rights and communication technologies as a member of the European Parliament in April 2012. Alberto Novi, Flikr

In 2009, world events collided with Schaake’s position as a newly-seated MEP. While the democratic elections in the EU were unfolding without incident, 3,000 miles away in Iran, a very different story was unfolding. Following the re-election of Mahmoud Ahmadinejad to a second term as Iran’s president, allegations of fraud and vote tampering were immediately voiced by supporters of former prime minister Mir-Hossein Mousavi, the leading candidate opposing Ahmadinejad. The protests that followed quickly morphed into the Green Movement, one of the largest sustained protest movements in Iran’s history after the Iranian Revolution of 1978 and until the protests against the death of Mahsa Amini began in September 2022.
 
With the protests came an increased wave of state violence against the demonstrators. While repression and intimidation are nothing new to autocratic regimes, in 2009 the proliferation of cell phones in the hands of an increasingly digitally connected population allowed citizens to document human rights abuses firsthand and beam the evidence directly from the streets of Tehran to the rest of the world in real-time.
 
As more and more footage poured in from the situation on the ground, Schaake, with a pre-politics background in human rights and a specific interest in civil rights, took up the case of the Green Movement as one of her first major issues in the European Parliament. She was appointed spokesperson on Iran for her political group. 

Marietje Schaake [second from the left] during a press conference on universal human rights alongside her colleauges from the European Parliament.
Marietje Schaake [second from left] alongside her colleauges from the European Parliament during a press conference on universal human rights in 2010. Alberto Novi, Flikr

The Best of Tech and the Worst of Tech


But the more Schaake learned, the clearer it became that the Iranian were not the only ones using technology to stay informed about the protests. Meeting with ights defenders who had escaped from Iran to Eastern Turkey, Schaake was told anecdote after anecdote about how the Islamic Republic’s authorities were using tech to surveil, track, and censor dissenting opinions.
 
Investigations indicated that they were utilizing a technique referred to then as “deep packet inspection,” a system which allows the controller of a communications network to read and block information from going through, alter communications, and collect data about specific individuals. What was more, journalists revealed that many of the systems such regimes were using to perform this type of surveillance had been bought from, and were serviced by, Western companies.
 
For Schaake, this revelation was a turning point of her focus as a politician and the beginning of her journey into the realm of cyber policy and tech regulation.
 
“On the one hand, we were sharing statements urging to respect the human rights of the demonstrators. And then it turned out that European companies were the ones selling this monitoring equipment to the Iranian regime. It became immediately clear to me that if technology was to play a role in enhancing human rights and democracy, we couldn’t simply trust the market to make it so; we needed to have rules,” Schaake explained.

We have to have a line in the sand and a limit to the use of this technology. It’s extremely important, because this is proliferating not only to governments, but also to non-state actors.
Marietje Schaake
International Policy Director at the Cyber Policy Center

The Transatlantic Divide


But who writes the rules? When it comes to tech regulation, there is longstanding unease between the private and public sectors, and a different approach between the East and West shores of the Atlantic. In general, EU member countries favor oversight of the technology sector and have supported legislation like the General Data Protection Regulation (GDPR) and Digital Services Act to protect user privacy and digital human rights. On the other hand, major tech companies — many of them based in North America — favor the doctrine of self-regulation and frequently cite claims to intellectual property or widely-defined protections such as Section 230 as a justification for keeping government oversight at arm’s length. Efforts by governing bodies like the European Union to legislate privacy and transparency requirements are with raised hackles 
 
It’s a feeling Schaake has encountered many times in her work. “When you talk to companies in Silicon Valley, they make it sound as if Europeans are after them and that these regulations are weapons meant to punish them,” she says.
 
But the need to place checks on those with power is rooted in history, not histrionics, says Schaake. Memories of living under the eye of surveillance states such as the Soviet Union and East Germany still are fresh on many European’s minds. The drive to protect privacy is as much about keeping the government in check as it is about reining in the outsized influence and power of private technology companies, Schaake asserts.
 

Big Brother Is Watching


In the last few years, the momentum has begun to shift. 
 
In 2020, a joint reporting effort by The Guardian, The Washington Post, Le Monde, Proceso, and over 80 journalists at a dozen additional news outlets worked in partnership with Amnesty International and Forbidden Stories to publish the Pegasus Project, a detailed report showing that spyware from the private company NSO Group was used to target, track, and retaliate against tens of thousands journalists, activists, civil rights leaders, and even against prominent politicians around the world.
 
This type of surveillance has innovated quickly beyond the network monitoring undertaken by regimes like Iran in the 2000s, and taps into the most personal details of an individual’s device, data, and communications. In the absence of widespread regulation, companies like NSO Group have been able to develop commercial products with capabilities as sophisticated as state intelligence bureaus. In many cases, “no-click” infections are now possible, meaning a device can be targeted and have the spyware installed without the user ever knowing or having any suspicions that they have become a victim of covert surveillance.

Marietje Schaake [left] moderates a panel at the 2023 Summit for Democracy with Neal Mohan, CEO of YouTube; John Scott-Railton, Senior Researcher at Citizen Lab; Avril Haines, U.S. Director of National Intelligence; and Alejandro N. Mayorkas, U.S. Secretary of Homeland Security.
Marietje Schaake at the 2023 Summit for Democracy with Neal Mohan, CEO of YouTube; John Scott-Railton, Senior Researcher at Citizen Lab; Avril Haines, U.S. Director of National Intelligence; and Alejandro Mayorkas, U.S. Secretary of Homeland Security. U.S. Department of State

“If we were to create a spectrum of harmful technologies, spyware could easily take the top position,” said Schaake, speaking as the moderator of a panel on “Countering the Misuse of Technology and the Rise of Digital Authoritarianism” at the 2023 Summit for Democracy co-hosted by U.S. President Joe Biden alongside the governments of Costa Rica, the Netherlands, Republic of Korea, and Republic of Zambia.
 
Revelations like those of the Pegasus Project have helped spur what Schaake believes is long-overdue action from the United States on regulating this sector of the tech world. On March 27, 2023, President Biden signed an executive order prohibiting the operational use of commercial spyware products by the United States government. It is the first time such an action has been formally taken in Washington.
 
For Schaake, the order is a “fantastic first step,” but she also cautions that there is still much more that needs to be done. The use of spyware made by the government is not limited by Biden's executive order, and neither is the use by individuals who can get their hands on these tools. 

Human Rights vs. National Security


One of Schaake’s main concerns is the potential for governmental overreach in the pursuit of curtailing the influence of private companies.
 
Schaake explains, “What's interesting is that while the motivation in Europe for this kind of regulation is very much anchored in fundamental rights, in the U.S., what typically moves the needle is a call to national security, or concern for China.”
 
It is important to stay vigilant about how national security can become a justification for curtailing civil liberties. Writing for the Financial Times, Schaake elaborated on the potential conflict of interest the government has in regulating tech more rigorously:
 
“The U.S. government is right to regulate technology companies. But the proposed measures, devised through the prism of national security policy, must also pass the democracy test. After 9/11, the obsession with national security led to warrantless wiretapping and mass data collection. I back moves to curb the outsized power of technology firms large and small. But government power must not be abused.”
 
While Schaake hopes well-established democracies will do more to lead by example, she also acknowledges that the political will to actually step up to do so is often lacking. In principle, countries rooted in the rule of law and the principles of human rights decry the use of surveillance technology beyond their own borders. But in practice, these same governments are also sometimes customers of the surveillance industrial complex. 

It’s up to us to guarantee the upsides of technology and limit its downsides. That’s how we are going to best serve our democracy in this moment.
Marietje Schaake
International Policy Director at the Cyber Policy Center

Schaake has been trying to make that disparity an impossible needle for nations to keep threading. For over a decade, she has called for an end to the surveillance industry and has worked on developing export controls rules for the sale of surveillance technology from Europe to other parts of the world. But while these measures make it harder for non-democratic regimes to purchase these products from the West, the legislation is still limited in its ability to keep European and Western nations from importing spyware systems like Pegasus back into the West. And for as long as that reality remains, it undermines the credibility of the EU and West as a whole, says Schaake. 
 
Speaking at the 2023 Summit for Democracy, Schaake urged policymakers to keep the bigger picture in mind when it comes to the risks of unaccountable, ungoverned spyware industries. “We have to have a line in the sand and a limit to the use of this technology. It’s extremely important, because this is proliferating not only to governments, but also to non-state actors. This is not the world we want to live in.”

 

Building Momentum for the Future


Drawing those lines in the sands is crucial not just for the immediate safety and protection of individuals who have been targeted with spyware but applies to other harms of technology vis-a-vis the long-term health of democracy.

“The narrative that technology is helping people's democratic rights, or access to information, or free speech has been oversold, whereas the need to actually ensure that democratic principles govern technology companies has been underdeveloped,” Schaake argues.

While no longer an active politician, Schaake has not slowed her pace in raising awareness and contributing her expertise to policymakers trying to find ways of threading the digital needle on tech regulation. Working at the Cyber Policy Center at the Freeman Spogli Institute for International Studies (FSI), Schaake has been able to combine her experiences in European politics with her academic work in the United States against the backdrop of Silicon Valley, the home-base for many of the world’s leading technology companies and executives.
 
Though now half a globe away from the European Parliament, Schaake’s original motivations to improve society and people’s lives have not dimmed.

Marietje Schaake speaking at conference at Stanford University
Though no longer working in government, Schaake, seen here at a conference on regulating Big Tech hosted by Stanford's Human-Centered Intelligence (HAI), continues to research and advocate for better regulation of technology industries. Midori Yoshimura

“It’s up to us to guarantee the upsides of technology and limit its downsides. That’s how we are going to best serve our democracy in this moment,” she says.
 
Schaake is clear-eyed about the hurdles still ahead on the road to meaningful legislation about tech transparency and human rights in digital spaces. With a highly partisan Congress in the United States and other issues like the war in Ukraine and concerns over China taking center stage, it will take time and effort to build a critical mass of political will to tackle these issues. But Biden’s executive order and the discussion of issues like digital authoritarianism at the Summit for Democracy also give Schaake hope that progress can be made.
 
“The bad news is we're not there yet. The good news is there's a lot of momentum for positive change and improvement, and I feel like people are beginning to understand how much it is needed.”
 
And for anyone ready to jump into the fray and make an impact, Schaake adds a standing invitation: “I’m always happy to grab a coffee and chat. Let’s talk!”



The complete recording of "Countering the Misuse of Technology and the Rise of Digital Authoritarianism," the panel Marietje Schaake moderated at the 2023 Summit for Democracy, is available below.

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A transatlantic background and a decade of experience as a lawmaker in the European Parliament has given Marietje Schaake a unique perspective as a researcher investigating the harms technology is causing to democracy and human rights.

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A Discussion with Congressman Ro Khanna on Rebalancing China with Economic Patriotism, happening April 24, 2023 at 2:30pm PT at the Hauck Auditorium at Stanford University

Ro Khanna, representative of California’s 17th Congressional District, will deliver remarks on competition with China, U.S. foreign policy toward Taiwan, and the economic dynamics of geopolitics, including revitalizing American manufacturing and building supply chain resiliency.

A discussion with scholars from the Freeman Spogli Institute for International Studies and Hoover Institution will follow the congressman's remarks.

A question-and-answer session with the in-person audience will follow the discussion.

This event is cosponsored with the Hoover Institution.



Meet the Speaker


Congressman Ro Khanna represents California’s 17th Congressional District, located in the heart of Silicon Valley, and is serving his fourth term.

Rep. Khanna serves on the House Armed Services Committee as ranking member of the Subcommittee on Cyber, Innovative Technologies and Information Systems (CITI), as co-chair of the Congressional Caucus on India and Indian Americans, a member of the Select Committee on the Strategic Competition between the United States and the Chinese Communist Party, and on the Oversight and Accountability Committee, where he previously chaired the Environmental Subcommittee.

As a leading progressive in the House, Rep, Khanna is working to restore American manufacturing and technology leadership, improve the lives of working people, and advance U.S. leadership on climate, human rights, and diplomacy around the world.

Ro Khanna

Ro Khanna

U.S. Congressman, 17th District of California
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