Lawfare Daily: Democratic Backsliding and the Role of Technology

Political scientists who study democratic backsliding—the slow erosion of a country’s institutions—have raised alarms about the state of democracy in the United States under the second Trump administration. At the same time, the administration has embraced technology—particularly AI—as a tool for implementing many of its policies, from immigration enforcement to slashing government functions and staffing. And the ties between Washington, D.C. and Silicon Valley appear tighter than ever, with Elon Musk wielding unprecedented control over the executive branch through his quasi-governmental DOGE initiative. 

How should we understand the connection between technology and democratic backsliding? Are they interlinked at this moment in the United States? How has technology played a role in supporting or undermining democracy during other historical moments?

On May 2, Lawfare Senior Editor Quinta Jurecic moderated a panel discussion on these questions at Fordham Law School’s Transatlantic AI and Law institute, featuring panelists Joseph Cox, a journalist and co-founder of 404 Media; Orly Lobel, the Warren Distinguished Professor of Law and founding director of the Center for Employment and Labor Policy (CELP) at the University of San Diego; Aziz Huq, the Frank and Bernice J. Professor at the University of Chicago Law School; and James Grimmelmann, the Tessler Family Professor of Digital and Information Law at Cornell Tech and Cornell Law School. 

Thanks to Fordham for recording and sharing audio of the panel, and to Chinmayi Sharma and Olivier Sylvain of Fordham Law School for organizing the event.

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