Daphne Keller
daphnek.bsky.social
Daphne Keller
@daphnek.bsky.social
Director of Platform Regulation, Stanford Law School LST Program. Former Google (2004-2015) Legal Director for Web Search, Speech and Intermediary Liability Issues.
May be cranky.
https://law.stanford.edu/daphne-keller/
Reposted by Daphne Keller
trump admin sanctions are outrageous and purposeful:
1. ensure europe doesn't regulate their political allies on the right, enabling space for incitement, disinfo, propaganda.
2. promote muskian/big tech lawlessness
3. distract from its unprecedented domestic repression of speech
The US State Department is now going to be deporting people and/or revoking visas over Benz, Taibbi, and Shellenberger’s “censorship industrial complex” hoax.

Let that sink in. This is what the Twitter Files pretext was actually about. Water boys for authoritarians.

www.state.gov/releases/off...
Announcement of Actions to Combat the Global Censorship-Industrial Complex - United States Department of State
The State Department is taking decisive action against five individuals who have led organized efforts to coerce American platforms to censor, demonetize, and suppress American viewpoints they oppose....
www.state.gov
December 24, 2025 at 6:33 PM
Reposted by Daphne Keller
Internet policy nerds: Got 7 minutes? In the new episode of "7 Minute Futures" the amazing @daphnek.bsky.social shares her thoughts on emerging technologies as a response to maximize choice for users on the internet.

(Links in responses)
December 19, 2025 at 8:56 PM
As the former Google Associate General Counsel for web search -- a product built on scraping third party content without permission -- I'm having a lot of trouble processing Google's new lawsuit against someone else for scraping search results. storage.googleapis.com/gweb-uniblog...
storage.googleapis.com
December 19, 2025 at 9:24 PM
The real cost of the administration’s utterly bonkers restriction on visas for trust and safety workers.

dcjournal.com/state-dept-v...
State Dept. Visa Misstep Will Aid Predators, Scammers, Traffickers – DC Journal - InsideSources
On the day Congress weighed 19 child-safety bills, the State Department told diplomats to deny visas to skilled workers in “content moderation,
dcjournal.com
December 18, 2025 at 11:34 PM
I'm pretty sure I called AG Szpunar "swoony" on a podcast I recorded this week. For the record, I meant that in the professional and intellectual sense of the word.
December 18, 2025 at 5:09 PM
Wow -- I missed that even UNICEF expressed concern about the Australian social media ban. UNICEF!! They said, correctly, "for many children, particularly those who are isolated or marginalised, social media is a lifeline[.]"

H/t @mmasnick.bsky.social on CTRL-ALT-SPEECH podcast.
December 16, 2025 at 8:01 PM
I keep mixing up FSC v. Paxton and Cox v. Sony. Both a big deal for the Internet, both three-letter plaintiffs and two-syllable behemoth defendants.
December 16, 2025 at 5:12 PM
I keep talking to Europeans who are not scared enough about the shit going on over here.
December 16, 2025 at 3:24 PM
In case a nerdy and well-researched deep dive about sword fighting techniques in The Princess Bride might make your day better.
As you may know, I have stopped using Twitter, and have decided to reproduce some of my more memorable threads here for posterity. Here’s one I hold wrote after a particularly engaging swordfighting lesson.

Buckle up, swordfighting fans, because I *have* studied my Agrippa!

[BIG ASS THREAD]
a man reading a book to a young boy
Alt: a man reading a book to a young boy
media.tenor.com
December 16, 2025 at 1:44 AM
And here I thought it was the age-verification vendors!
Australia’s Social Media Ban Was Pushed By Ad Agency Focused On Gambling Ads It Didn’t Want Banned

We’ve talked about the Australian social media ban that went into effect last week, how dumb it is, and why it’s already a mess. But late last week, some additional news broke that makes the whole…
Australia’s Social Media Ban Was Pushed By Ad Agency Focused On Gambling Ads It Didn’t Want Banned
We’ve talked about the Australian social media ban that went into effect last week, how dumb it is, and why it’s already a mess. But late last week, some additional news broke that makes the whole thing even more grotesque: turns out the campaign pushing hardest for the ban was run by an ad agency that makes gambling ads.
www.techdirt.com
December 16, 2025 at 1:26 AM
For my fellow Russmedia obsessives -- here is a follow-on case in Germany that was suspended at the BGH pending the Russmedia outcome. The facts and claim, seeking proactive monitoring, are bizarrely similar to Glawischnig-Piesczek.

rsw.beck.de/aktuell/dail...
December 15, 2025 at 6:15 PM
Someone had to do it. Reddit is challenging Australia's ban on information access for kids.

Supporters will argue that the ban is justified. But no one should doubt that this is a drastic, unprecedented restriction on freedom to seek and impart information. Court review is definitely warranted.
December 15, 2025 at 5:44 PM
My second post about researchers’ rights to scrape data under DSA Article 40.12 is up! This is dense with legal arguments for researchers to use if they get sued. Or to show their lawyers before that.

www.techpolicy.press/how-the-mean...

verfassungsblog.de/dsa-fine-x-r...
How the Meaning of 'Publicly Accessible' Shapes Researcher Data Rights Under the DSA | TechPolicy.Press
Researchers eager to begin work under DSA Article 40(12) may be deterred by uncertainty about what data counts as 'publicly accessible,' writes Daphne Keller.
www.techpolicy.press
December 15, 2025 at 3:36 PM
Reposted by Daphne Keller
Big news out of Germany. The appeal in Kneschke v LAION has been rejected, LAION wins again. grunecker.de/en/insights/...
AI and Copyright: Hamburg Court of Appeal Rejects Appeal in LAION Case | Grünecker
In the proceeding brought by a photographer against LAION e.V., the Court of Appeal dismissed the plaintiffs' appeal and confirmed the first-instance judgment of the Regional Court of Hamburg.
grunecker.de
December 15, 2025 at 12:44 PM
Reposted by Daphne Keller
A media mogel with important merger business before the FCC says he has "great conversations" about it with Trump, while Trump for his part speaks openly about the kind of ownership he wants to see at CNN, a news network he detests.

And it's just another day in our Orbanization. Via @status.news
December 11, 2025 at 3:56 PM
All caps, naturally.
SKULL OF THOMAS AQUINAS: TAKE A LEFT NOW
PRIEST: No, the GPS says we have to keep going—
SKULL: I KNOW A SHORTCUT
PRIEST: Do you remember the last ti—
SKULL: FOR THOSE WITH FAITH, NO EVIDENCE IS NECESSARY; FOR THOSE WITHOUT IT, NO EVIDENCE WILL SUFFICE
'Skull of St. Thomas Aquinas being transported to Fossanova Abbey.'
Photograph by Daniel Ibanez
December 11, 2025 at 12:58 AM
Remarkable polling results from experienced US legal practitioners in this PLI. In an audience poll, half said they **trust the EU or EU countries to protect free expression** more than they trust US state or federal governments.
December 10, 2025 at 7:33 PM
Reposted by Daphne Keller
Everyone: ICE and CBP cannot be more hated

ICE/CBP: [starts wearing Meta smart glasses]

Everyone:
December 9, 2025 at 6:03 PM
Oooh here's an operational change for platforms post-Russmedia. Encourage anyone requesting content removal to reformulate the request to be based on GDPR/personal data issues. Let them know that by doing so, they can deprive the uploader of an opportunity for appeal or review by Art 21 ODS body. 1/
December 9, 2025 at 5:40 PM
So glad @freepress.bsky.social did the work to document a timeline of Trump Administration attacks on speech.

I bet this one was really hard to finalize because new examples kept coming in every damned day, and maybe every hour or minute.

www.freepress.net/attack-on-fr...
Chokehold: Donald Trump’s War on Free Speech & the Need for Systemic Resistance
This Free Press report examines the Trump administration’s hostile relationship with dissent and free expression in 2025. It analyzes how Trump and his political enablers have sought to undermine and ...
www.freepress.net
December 9, 2025 at 12:14 AM
Here's an important, less alarmist read of Russmedia than my own. I'm going to bicker with @jvh.bsky.social about it, but he is a leading light in this space, his analysis matters.

In any case, national courts will want excuses to read flexibility into Russmedia and I'm all for providing those.
I can't use reply to this post, which may be some setting by the original post from @mmasnick.bsky.social
I generally like his writing, not always agree, but he is such great source for the field. In this case, I do hope that people also read other commentary.
So if Russmedia starts prescreening for PII and in the process they see but fail to remove obvious counterfeit Prada bags, they still have a safe harbor under Art 7 when Prada sues? Super good question. @hutko.bsky.social? @jvh.bsky.social? @gateklons.bsky.social?
December 8, 2025 at 6:38 PM
Reposted by Daphne Keller
Come for the DSA, stay for the punk rock!
Don't miss the always-amazing Joris van Hoboken @jvh.bsky.social with Justin Hendrix @justinhendrix.bsky.social here: "Unpacking the Politics of the EU’s €120M Fine of Musk’s X" — The Tech Policy Press Podcast www.techpolicy.press/podcast/
Unpacking the Politics of the EU’s €120M Fine of Musk’s X — The Tech Policy Press Podcast
On Friday, the European Commission fined Elon Musk’s X €120 million for breaching the Digital Services Act, delivering the first-ever non-compliance decision under the European Union’s flagship tech…
overcast.fm
December 7, 2025 at 6:15 PM
Reposted by Daphne Keller
truly influential definitions of AI 'systemic risks' may not come directly from regulators, but from insurers currently trying to figure out how to exclude losses related to AI tools (unreliable, widely used -> correlated risks, complex supply chains -> unclear liability)

www.ft.com/content/abfe...
Insurers retreat from AI cover as risk of multibillion-dollar claims mounts
AIG, Great American and WR Berkley seek permission to limit liability from AI agents and chatbots
www.ft.com
December 8, 2025 at 11:41 AM
Reposted by Daphne Keller
. @daphnek.bsky.social on Musk & US Govt's temper tantrum response to EUs DSA ruling: "the EU didn’t choose to pick a fight about...what user speech the platform should or should not allow. Instead, it went after X for violating...basic...provisions of the DSA." www.techpolicy.press/the-eus-fine...
The EU’s Fine Against X is Not About Speech or ‘Censorship’ | TechPolicy.Press
The €120 million fine under the Digital Services Act is just the EU enforcing some normal, boring requirements of its law, writes Stanford's Daphne Keller.
www.techpolicy.press
December 7, 2025 at 6:13 PM