Prosecuting Transnational Disinformation

<p>Disinformation, along with related terms such as fake news and misinformation, has dominated U.S. media and public discourse over the past decade. It has emerged as a persistent and growing global threat to democratic societies, particularly the United States. Since the 2016 elections, authoritarian regimes and U.S. adversaries, including China, Russia, and Iran, have increasingly leveraged disinformation as a strategic tool to damage public trust in institutions, undermine political processes such as elections, and weaken public confidence in the healthcare system. These efforts are also designed to sow division and erode democratic governance. The breakthroughs in generative AI further exacerbate this problem, making it significantly easier to produce and disseminate sophisticated, realistic, and large-scale disinformation at an unprecedented speed and low cost. Despite the severity of this challenge, disinformation remains an understudied field, particularly within legal scholarship. Existing literature largely overlooks its transboundary and global dimensions, as well as the necessity for cross-border countermeasures.</p><br><p>This article introduces and conceptualizes “transnational disinformation,” arguing for its legal recognition and prosecution. While all forms of disinformation are harmful, transnational disinformation poses the most severe threat to American democracy, as it is deliberately orchestrated by foreign adversaries, proxy actors, and transnational criminal networks to pollute and manipulate the information ecosystem. This article proposes a legal framework that enables the prosecution of transnational disinformation while safeguarding First Amendment protections. Furthermore, it demonstrates how the U.S.’s extensive history in combating transnational crimes provides a strong foundation for effectively prosecuting transnational disinformation and maintaining global leadership in countering this growing threat.</p>