Bridging the Digital Chasm through the Fundamental Right to Technology

Abstract

The COVID-19 pandemic exposed extreme inequities in Internet access throughout the United States. It is estimated that approximately 42 million American people still lacked the capacity to purchase broadband Internet access as of February 2020. Given the scale of this social problem and the urgent need to address it, this Article suggests that it is time to recognize a new fundamental right to technology as a liberty protected by the Fourteenth Amendment to the U.S. Constitution. This new right, if recognized and protected, would stimulate a paradigm shift. It would expand Internet access by triggering proactive governmental measures, enhanced judicial protection, and scrutiny of technology companies’ responsibilities.