In recent months, the polarizing debates surrounding gender identity and expression have taken center stage in U.S. political discourse. The Trump administration has been noted for its stance on these issues, highlighted on January 20th when President Trump signed several Executive Orders, including one focusing on "gender ideology" and asserting the recognition of only biological sex assigned at birth. This political climate has raised questions about the protection of transgender rights, both online and offline.
The urgency to address these issues is underscored by the American Civil Liberties Union's 2024 report, which documented 574 anti-LGBTQIA+ legislative proposals in the 118th Congress. A significant number of these bills specifically target gender-diverse communities by introducing restrictions in areas such as healthcare, free speech, and civil rights. Jess Reia, Assistant Professor of Data Science at the University of Virginia, emphasizes the need for a comprehensive digital rights framework to meet the unique needs of these communities.
Reia and the team at the University of Virginia's Digital Technology for Democracy Lab have developed a trans-centric digital rights framework. Their study explores the intersection of digital technology and gender identity, aiming to protect fundamental rights amid the growing threats depicted by online platforms. According to Reia, "Digital technologies serve as platforms for knowledge-sharing and care," but they can also be arenas where "anti-trans attacks are platformed and rampant."
Key elements of the Trans Digital Rights Framework include reimagining the right to be forgotten, incorporating principles for data collection constraints, and supporting 2SLGBTQIA+ positive content moderation. It also suggests prohibiting deadnaming and misgendering on digital platforms, deeming these actions as hate speech. Further, the framework pushes for reforms in data collection by government entities to enhance the inclusion and protection of gender-diverse communities while safeguarding privacy.
The proposed framework also tackles the negative impacts of biometric data collection and automatic gender recognition systems, which can result in misidentification and discrimination against those undergoing gender-affirming care. Additionally, the research calls for using digital rights principles in government data collection efforts and advocates for policy recommendations that support responsible and ethical healthcare for transgender individuals.
The project led by Dr. Jess Reia, along with researchers Rachel Leach and Sophie Li, received backing from several institutions, including the UVA Center for Global Health Equity. Their work aims to bridge the gap between trans rights and digital rights movements, fostering collaboration across various sectors.
The full report is accessible for download on LibraOpen, the University of Virginia’s online archive.