Daphne Keller - Publications | FSI

Daphne Keller - Publications

NetChoice Publications

Don’t Let Texas and Florida Chew Up the Internet, Wall Street Journal, February 2024
FAQs about the NetChoice Cases at the Supreme Court, Part 2, Center for Internet and Society, February 2024
Texas, Florida, and the Magic Speech Sorting Hat in the NetChoice Cases, Lawfare, February 2024
FAQs about the NetChoice Cases at the Supreme Court, Part 1, Center for Internet and Society, January 2024
The NetChoice Cases Aren't About Discrimination, Lawfare, January 2024
Amicus "Friend of the Court" Brief in NetChoice Supreme Court Case, December 2023

Academic Publications

Carriage and Removal Requirements for Internet Platforms: What Taamneh Tells Us, Journal of Free Speech Law, November 2023
Six Things About Jawboning, Knight First Amendment Institute at Columbia University, October 2023
Platform Transparency and the First Amendment, Journal of Free Speech Law, September 2023
What the Supreme Court Says Platforms Do, Lawfare, September 2023
Platform Transparency and the First Amendment, Journal of Free Speech Law, September 2023
The Three Body Problem: Platform Regulation and Absent Parties, Lawfare, May 2023
Platform Transparency and the First Amendment, SSRN, March 2023
The EU's New Digital Services Act and the Rest of the World, Verfassungsblog, November 2022
Lawful but Awful? Control over Legal Speech by Platforms, Governments, and Internet Users, The University of Chicago Law Review Online, June 2022
The Future of Platform Power: Making Middleware Work, Johns Hopkins University Press, July 2021
Amplifications and Its Discontents, Knight First Amendment University at Columbia University, June 2021
If Lawmakers Don't LIke Platforms' Speech Rules, Here's What They Can Do About It. Spoiler Alert: The Options Aren't Great, Techdirt, September 2020
Facts and Where to Find Them: Empirical Research on Internet Platforms and Content Moderation, in Nathaniel Persily and Joshua Tucker, eds, Social Media and Democracy, Cambridge U.P. (with Paddy Leerssen)
Facebook Filters, Fundamental Rights, and the CJEU’s Glawischnig-Piesczek Ruling, GRUR Journal of European and International IP Law, May 2020
Design Principles for Intermediary Liability Laws, working paper of the Transatlantic High Level Working Group on Content Moderation Online and Freedom of Expression, October 2019 (with Joris van Hoboken)
Three Constitutional Thickets: Why Regulating Online Violent Extremism is Hard, George Washington University Program on Extremism Legal Perspectives on Tech Series (commissioned in conjunction with the Congressional Counterterrorism Caucus), September 2019
Who Do You Sue? State and Platform Hybrid Power Over Online Speech, Hoover Institution Aegis Series Paper, January 2019
Internet Platforms: Observations on Speech, Danger, and Money, Hoover Institution Aegis Series Paper, June 2018
The Right Tools: Europe's Intermediary Liability Laws and the 2016 General Data Protection Regulation, Berkeley Technology Law Journal, 2018
Toward a Clearer Conversation About Platform Liability (response to Olivier Sylvain), Knight First Amendment Institute Emerging Threats Series, April 2018
SESTA and the Teachings of Intermediary Liability, Stanford Center for Internet and Society White Paper, November 2017
Europe’s “Right to Be Forgotten” in Latin America, in Towards an Internet Free of Censorship II, 2017 (available in Spanish here)
Law, Borders, and Speech Conference: Proceedings and Materials, December, 2017
A Gaudier Future that Almost Blinds the Eye: A Review of The Future of Ideas by Lawrence Lessig, Duke Law Journal, 2002

Other Publications

Don’t Let Texas and Florida Chew Up the Internet, Wall Street Journal, February 2024
FAQs about the NetChoice Cases at the Supreme Court, Part 2, Center for Internet and Society, February 2024
Texas, Florida, and the Magic Speech Sorting Hat in the NetChoice Cases, Lawfare, February 2024
FAQs about the NetChoice Cases at the Supreme Court, Part 1, Center for Internet and Society, January 2024
The NetChoice Cases Aren't About Discrimination, Lawfare, January 2024
Q&A Section 230 is at the Supreme Court. Here's What Matters for Free Expression, Freedom House, May 2023
Some Practical Postulates About Platform Data, Center for Internet and Society, May 2023
Platform Transparency and the First Amendment, March 2023
Two Supreme Court Cases that Could Break the Internet, New Yorker, January 2023
State Abuse of Transparency Laws and How to Stop It, Center for Internet and Society, September 2022
Getting Transparency Right, Lawfare, July 2022
Automated Content Moderation: A Primer, Program on Platform Regulation, May 2022
The DSA’s Industrial Model for Content Moderation, February 2022
Privacy, Middleware, and Interoperability, Blog, August, 2021
For platform regulation Congress should use a European cheat sheet, The Hill, January 2021
Trump-Backed Rules for Online Speech: No to Porn, Yes to Election Disinformation and Hate Speech, Slate, October 2020
If Lawmakers Don't Like Platforms' Speech Rules, Here's What They Can Do About It. Spoiler: The Options Aren't Great, Techdirt, September 2020
Shreya Singhal case was one of the defining rulings of modern internet law, The Indian Express, January 2020
Platform Policy Bingo, Stanford CIS, November 2019
That Time My Husband Reported Me to the Facebook Police: A Case Study, BoingBoing, September 2019
Facebook Restricts Speech by Popular Demand, Atlantic, September 2019
The Stubborn, Misguided Myth that Internet Platforms Must Be ‘Neutral’, Washington Post, July 2019
Build Your Own Intermediary Liability Law: A Kit for Policy Wonks of All Ages, Balkinization Blog, June 2019
Don’t Force Google to Export Other Countries’ Laws, New York Times, September 2018
Only Giant Internet Firms May Be Able to Comply with One-Size-Fits-All Rules, San Francisco Chronicle, May 2018 (with Evan Engstrom)
Congress's Sloppy New Internet Bill Is a Step in the Wrong Direction, The Hill, September 2017
Making Google the Censor, New York Times, June 2017
Europe’s Web Privacy Rules: Bad for Google, Bad for Everyone, New York Times, April 2016 (with Bruce Brown)
The New, Worse ‘Right to Be Forgotten’, Politico, January 2016
New EU Law Will Tell U.S. What Can Be Said -- And Built -- On the Internet, Re/Code, October 2015
The Musician as Thief: Digital Culture and Copyright Law, in Paul Miller, Sound Unbound: Sampling Digital Music and Culture, MIT Press 2008
Stanford CIS blog posts

Government Filings & Testimony

Amicus "Friend of the Court" Brief in NetChoice Supreme Court Case, December 2023
Testimony of Daphne Keller to Subcommittee on Privacy, Technology and the Law, May 2022
Daphne Keller and ACLU File Comment to Meta Oversight Board in "UK Drill Music" Case, ACLU, August, 2022
Supreme Court Amicus Brief with ACLU, January 2023
Comment by Daphne Keller re: Delegated Regulation on Data Access Provided for in the Digital Services Act, Cyber Policy Center, May 2023
Written evidence submitted by Daphne Keller, Director of Program on Platform Regulation (OSB0057), UK Parliament, September 2021
U.S. International Trade Commission Testimony This testimony responds to a Congressional inquiry on the subject of "foreign censorship." It focuses on laws regulating Internet platforms, and because of the ITC's trade focus also prioritizes issues with potential economic impact, July 2021
The Digital Services Act and the Digital Markets Act: A forward-looking and consumer-centred perspective, & Presentation Slides, Policy Department for Economic, Scientific and Quality of Life Policies, May 2021
Testimony and Follow-Up Responses, United States Senate Committee on the Judiciary, Subcommittee on Intellectual Property Hearing on the Digital Millennium Copyright Act at 22: How Other Countries Are Handling Online Piracy, March 2020
Comment on Canadian 'Right to Be Forgotten' Proposal, Canadian Office of the Privacy Commissioner, April 2018
Comment in Response to European Commission's March 2018 Recommendation on Measures to Further Improve the Effectiveness of the Fight Against Illegal Content Online, European Commission, March 2018
Comments to Article 29 Working Party on Transparency Under the GDPR, Article 29 Working Party, January 2018
Comments Pertaining to Internet Users' Expression and Information Rights, U.K. Call for Views on Implementation of GDPR, April 2017
U.S. Copyright Office Section 512 Study: Comments in Response to Second Notice of Inquiry, U.S. Copyright Office, February 2017 (with Annemarie Bridy)
Comment in Response to Consultation on the Regulatory Environment for Platforms, Online Intermediaries, Data and Cloud Computing and the Collaborative Economy, European Commission, January 2016
U.S. Copyright Office Section 512 Study: Comments in Response to Notice of Inquiry, U.S. Copyright Office, March 2016 (with Annemarie Bridy)
Letter to the Subcommittee on Courts, Intellectual Property, and the Internet, Committee of the Judiciary, House of Representatives, Official Record of Hearing on International Data Flows, November 2015