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20 Nov 2023, 12:04 pm by Eugene Volokh
As a result, free expression considerations can in turn play a structuring role when courts interpret the elements of such tort claims.The post Journal of Free Speech Law: "Carriage and Removal Requirements for Internet Platforms: What <i>Taamneh</i> Tells Us," by Daphne Keller appeared first on [read post]
18 Oct 2023, 10:26 am by Eugene Volokh
The article, which is directly relevant to the Netchoice cases that the Court will consider this Term, is here; here's the Introduction: Major U.S. platforms can powerfully influence public discourse by removing, promoting, and otherwise moderating users' online speech. [read post]
29 Sep 2023, 3:00 pm by Eugene Volokh
A very interesting analysis, from the author of a forthcoming (just in a few weeks) Journal of Free Speech Law article on the subject.The post Daphne Keller (Stanford) on the "Transparency" Issues in the <i>Netchoice</i> Cases appeared first on [read post]
22 Jul 2023, 4:22 pm by David Greene
EFF represented the plaintiffs along with lead counsel, Robert Corn-Revere (initially with Davis, Wright Tremaine LLP and later with the Foundation for Individual Rights & Expression); Walters Law Group; and Daphne Keller. [read post]
13 Jul 2023, 12:06 pm by Legal Aggregate
In this annual roundup, we offer highlights of the commentary and insight that Stanford Law School faculty members provided on key SCOTUS decisions during this year’s term (beginning October 2022). [read post]
30 Jun 2023, 7:13 am by Rebecca Tushnet
Daphne Keller: Such a mistake to add generative AI—the policy questions around AI for criminal sentencing, whether you get a loan, etc. are so important and deserve attention—would be better to deal with content generation/speech separately. [read post]
30 Jun 2023, 5:48 am by Rebecca Tushnet
Chair: Daphne Keller: EU heavy compliance obligations + a bunch of other laws coming into effect right as platforms are laying off people who know how to do that—a bumpy road. [read post]
30 Jun 2023, 2:11 am by Rebecca Tushnet
Daphne Keller: DSA prohibits inconsistency: you have a right of appeal to resolve hard judgment calls and get to consistency. [read post]
29 Jun 2023, 6:57 am by Rebecca Tushnet
Daphne Keller: There’s a real difference b/t a culture that has real trust in regulators to do things with vague language and one that doesn’t. [read post]
Daphne Keller is a lecturer in law at Stanford Law School and director of the Program on Platform Regulation at Stanford’s Cyber Policy Center. [read post]
” Such a holding would likely, as Daphne Keller wrote recently on Lawfare, lead skittish platforms to “adopt new, overly zealous enforcement practices,” which could lead to censorship of, say, innocuous content posted in Arabic or certain types of online political activism, depending on the assumptions and biases of the content moderators. [read post]
5 May 2023, 1:12 pm by John A. Emmons, Avery Schmitz
Alan Rozenshtein sat down with Bridget Dooling and Mark Febrizio on the Lawfare Podcast to discuss the use of artificial intelligence in the regulatory process, both for commenting on proposed legislation, analyzing feedback, and even for drafting regulation in the first place: Daphne Keller outlined the “three-body problem” of platform speech litigation: that among speakers, platforms, and those harmed by on-platform speech, only two are represented in conventional… [read post]
24 Apr 2023, 5:16 am by Riana Pfefferkorn
If private companies have to explain their practices to the state, and particularly how they moderate user speech, then, as my colleague Daphne Keller has observed on Lawfare before, that opens the door to political pressure to change those practices to better suit the state’s preferences. [read post]
7 Apr 2023, 5:11 pm by Rebecca Tushnet
Moderator: Daphne Keller, Stanford Cyber Policy Center    DSA represents a shift to operational mandates compared to DMCA, Art. 17—thoughts? [read post]
7 Apr 2023, 3:47 pm by Rebecca Tushnet
 Moderator: Pamela Samuelson, Berkeley Law School From Notice-and-Takedown to Content Licensing and Filtering: How the Absence of UGC Monetization Rules Impacts Fundamental Rights        João Quintais, University of Amsterdam with Martin Senftleben, University of Amsterdam Human rights impact of the new rules. [read post]
7 Apr 2023, 7:48 am by Rebecca Tushnet
Tutorial “The EU Digital Services Act – Overview and Central Features” General DSA Architecture and Approach      Martin Senftleben, University of Amsterdam Formally, the safe harbor system is still in place for mere conduit, caching and hosting services for third-party information they transmit and store. [read post]
27 Feb 2023, 6:30 am by JB
Nate Persily leads a discussion with Daphne Keller, Evelyn Douek, and myself about the two Section 230 cases before the Supreme Court, Google v. [read post]
17 Feb 2023, 1:52 pm by John A. Emmons, Avery Schmitz
On the Lawfare Podcast, Jurecic moderated a panel at the Brookings Institution featuring Hany Farid, Daphne Keller, Alan Rozenshtein, and Wittes to discuss oral arguments in upcoming Supreme Court cases Gonzalez v. [read post]
17 Feb 2023, 2:01 am by Jen Patja Howell
Lawfare senior editor Quinta Jurecic moderated a panel that included Hany Farid, a professor at the University of California, Berkeley, with a joint appointment in electrical engineering & computer sciences and the School of Information; Daphne Keller, the director of the Program on Platform Regulation at Stanford University’s Cyber Policy Center; Lawfare senior editor Alan Rozenshtein; and Lawfare editor-in-chief Benjamin Wittes. [read post]