This paper explains why so much soft law is widely adopted and followed despite lacking legal and coercive force. It argues that legal standards are susceptible to network effects. Network effects occur when the value of a standard to a user increases as the number of other agents using the same standard grows, which in turn draws more users to the standard. This can trigger a spontaneous coalescence around a standard in a “snowball effect” fashion. The paper argues that many areas of soft law exhibit strong network effects, rendering such soft law uniquely calibrated to induce voluntary adoption and even compliance. The model helps explain why certain soft law gains traction, and has important implications for international governance. Finally, the paper argues that policy-makers can strategically harness this dynamic to stimulate legal harmonization, but cautions that policy-makers must also remain mindful of the negative consequences that network effects can generate.

This article argues that Internet censorship is more fragile than is generally supposed and is, in fact, vulnerable to abrupt collapse. The volume and rapidity of online communication renders perfect policing of the Internet technologically impossible. Authoritarian governments are thus forced to rely on Internet users to police themselves in the form of self-censorship. This strategy has proven largely successful—legal ambiguity regarding what constitutes impermissible speech fosters norms of self-censorship. This reliance on self-censorship, however, renders these censorial systems susceptible to shocks. We set out a model that explains sudden breakdowns in Internet censorship that we term “cyberspeech cascades.” A cyberspeech cascade occurs when small expressions of online dissent produce large shifts in public perception regarding the acceptable limits of online expression that are, in fact, inaccurate. Online bandwagons of progressively more brazen speech proliferate into large-scale torrents of uncensored expression, triggering the temporary collapse of self-censorship norms online.

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