Program on Platform Regulation

The Program on Platform Regulation

The Program on Platform Regulation focuses on current or emerging law governing Internet platforms, with an emphasis on laws’ consequences for the rights and interests of Internet users and the public.

NETCHOICE CASES

Don’t Let Texas and Florida Chew Up the Internet

The Supreme Court should strike down the two states’ efforts to regulate online speech. Those choices should be left to users, empowered by new technologies.

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Texas, Florida, and the Magic Speech Sorting Hat in the NetChoice Cases

Lots of people want laws to keep good speech online and bad speech offline. That isn’t what the Texas and Florida laws would do.

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The NetChoice Cases Aren't About Discrimination

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FAQs About the Netchoice Cases at The Supreme Court, Part 1

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FAQs About the Netchoice Cases at the Supreme Court, Part 2

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White Papers

Legislative Approaches to Combating Online Harms to Children

A new guide to the approaches adopted or proposed by legislators to protect children from online harms from the Program on Platform Regulation.

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Automated Content Moderation: A Primer

A primer on the predictive models used for automated content moderation, known as classifiers.

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RECENT NEWS AND PUBLICATIONS

illustration showing daphne keller next to copy of her brief

Daphne Keller Files Amicus "Friend of the Court" Brief in NetChoice Supreme Court Case

The brief is in support of the plaintiffs in the case, two trade associations, NetChoice and CCIA.

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What the Supreme Court Says Platforms Do

The Supreme Court’s Taamneh ruling makes platforms sound like the passive “common carriers” that Justice Thomas wants them to be.

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Flowers and pictures of the victims placed near the entrance of Reina nightclub

The long reach of Taamneh: Carriage and removal requirements for internet platforms

Taamneh shows us what a world without the much-maligned platform immunities under Section 230; it's not the world that many critics of the law would actually want.

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A representation of Justice hold legal scales.

Supreme Court Brief with American Civil Liberties Union, Gonzalez v. Google

Regarding Reynaldo Gonzalez, et al. v. Google LLC. Brief of American Civil Liberties Union, American Civil Liberties Union of Northern California, and Daphne Keller as Amici Curiae, in support of respondent.

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fingers typing on a laptop with blurred screen

Two Supreme Court Cases that Could Break the Internet,

Interview of Daphne Keller by Isaac Chotiner, New Yorker, January 2023

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RETHINKING EUROPEAN DEVELOPMENT AND SECURITY (REDS)

The EU’s new Digital Services Act and the Rest of the World

From Daphne Keller, Verfassungsblog, November 2022

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Lawful but Awful? Control over Legal Speech by Platforms, Governments, and Internet Users

Responding to Elon Musk’s proposed acquisition of Twitter, Daphne Keller suggests that “middleware” models, not common carriage rules, best put control over internet speech regulation in the hands of users.

illustration of people gathered to protest

Amplification and Its Discontents: Daphne Keller on why regulating the reach of online content is hard

Paper exploring the idea that government can side-step free expression concerns by regulating online speech that platforms recommend or rank algorithmically. The analysis primarily addresses limits based in U.S. First Amendme

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The Future of Platform Power: Making Middleware Work

Unlike many other proposals to curtail platform power, middleware does not violate the First Amendment of the U.S. Constitution. In the United States, that makes middleware a path forward in a neighborhood full of dead ends.

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Getting Transparency Right

Transparency is essential to getting every other part of platform regulation right. But defining sound transparency rules—identifying what information is needed most from platforms like Twitter or YouTube, and how to get it—is quite complicated.

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WILMap: An ongoing project of the Program on Platform Regulation

The WILMap offers an overview of legislation, decisions or legislative proposals around the globe. The database allows users to search for legal developments by topic, country, kind of intermediary, and more.

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More from PPR

Daphne Keller and ACLU File Comment to Meta Oversight Board in "UK Drill Music

The Program on Platform Regulation's Daphne Keller worked with the ACLU to file this comment to the Meta Oversight Board's "UK Drill Music" case.

The DSA’s Industrial Model for Content Moderation

Authored by Daphne Keller for Verfassungsblog

GUEST POST | Positive Intent Protections: Incorporating a Good Samaritan principle in the EU Digital Services Act

The “Good Samaritan” principle ensures that online intermediaries are not penalized for good faith measures against illegal or other forms of inappropriate content. This is a rule that applies to concrete types of intermediaries, particularly those providing hosting services.