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/
May be cranky.
https://law.stanford.edu/daphne-keller/
Interesting rundown of how S Ct justices have used gender pronouns in cases where that was an issue. I'm actually a little surprised and pleased by how generally respectful they've been in their use of he/she. It looks like "they" hasn't come up.
www.scotusblog.com/2026/02/the-...
www.scotusblog.com/2026/02/the-...
The justices and gender pronouns
Last month, the Supreme Court heard oral arguments in Little v. Hecox and West Virginia v. B.P.J. At issue was whether Idaho and West Virginia laws that prohibit transgender women […]
www.scotusblog.com
February 13, 2026 at 10:50 PM
Interesting rundown of how S Ct justices have used gender pronouns in cases where that was an issue. I'm actually a little surprised and pleased by how generally respectful they've been in their use of he/she. It looks like "they" hasn't come up.
www.scotusblog.com/2026/02/the-...
www.scotusblog.com/2026/02/the-...
Reposted by Daphne Keller
5/ Bottom line: The First Amendment would mean nothing at all if the FTC could use "consumer protection" as a talisman to regulate whatever it wants.
The agency should leave speech to the discretion of speakers, where it belongs, and stick to issues within its jurisdiction.
The agency should leave speech to the discretion of speakers, where it belongs, and stick to issues within its jurisdiction.
February 13, 2026 at 1:05 AM
5/ Bottom line: The First Amendment would mean nothing at all if the FTC could use "consumer protection" as a talisman to regulate whatever it wants.
The agency should leave speech to the discretion of speakers, where it belongs, and stick to issues within its jurisdiction.
The agency should leave speech to the discretion of speakers, where it belongs, and stick to issues within its jurisdiction.
Reposted by Daphne Keller
Well holy fucking shit. Ring cancelled their partnership with Flock. Keep pressure on them to stop volunteering their feeds to state, local, and federal agencies, though, because that part's still going.
Ring cancels its partnership with Flock Safety after surveillance backlash
Ring cancels its partnership with Flock Safety after surveillance backlash
Flock off
buff.ly
February 13, 2026 at 12:42 AM
Well holy fucking shit. Ring cancelled their partnership with Flock. Keep pressure on them to stop volunteering their feeds to state, local, and federal agencies, though, because that part's still going.
Great summary of the EU Commission’s interpretation of researcher scraping rights in its DSA enforcement against X.
A major and unique backdrop here is that X (1) used to offer all this data to researchers in its API and (2) continues to offer it to anyone willing to pay.
A major and unique backdrop here is that X (1) used to offer all this data to researchers in its API and (2) continues to offer it to anyone willing to pay.
Now that the underlying decision in the European Commission’s €120 million fine against X is in the public domain, Oliver Marsh and LK Seiling examine what it reveals about data access under the Digital Services Act.
What the X Fine Reveals About Data Access Under Article 40 of the Digital Services Act
Oliver Marsh and LK Seiling unpack the recently published X enforcement decision and what it says about DSA researcher data access rules.
buff.ly
February 12, 2026 at 10:10 PM
Great summary of the EU Commission’s interpretation of researcher scraping rights in its DSA enforcement against X.
A major and unique backdrop here is that X (1) used to offer all this data to researchers in its API and (2) continues to offer it to anyone willing to pay.
A major and unique backdrop here is that X (1) used to offer all this data to researchers in its API and (2) continues to offer it to anyone willing to pay.
Utterly foreseeable and deeply chilling. FTC hiring an attorney whose full time job will be to, as Chairman Ferguson put it in his leaked memo to Trump when he was trying to get the job, fight the “trans agenda.”
Oh cool they’re going to try to use the FTC to go after trans kids now. Cool cool cool.
www.usajobs.gov/job/856161000
www.usajobs.gov/job/856161000
February 12, 2026 at 4:22 PM
Utterly foreseeable and deeply chilling. FTC hiring an attorney whose full time job will be to, as Chairman Ferguson put it in his leaked memo to Trump when he was trying to get the job, fight the “trans agenda.”
Oh thank god. This case is important because it’s important — for free speech, for documenting ICE abuses, for spotlighting app stores’ craven behavior, and more.
But also, watching someone call these “free speech warriors” on their sheer rank hypocrisy will be a joy.
But also, watching someone call these “free speech warriors” on their sheer rank hypocrisy will be a joy.
FIRE sues Bondi, Noem for censoring Facebook group and app reporting ICE activity
Two Midwesterners are fighting back after the platforms they created to report on public Immigration and Customs Enforcement activity were censored by government officials.
www.thefire.org
February 11, 2026 at 3:32 PM
Oh thank god. This case is important because it’s important — for free speech, for documenting ICE abuses, for spotlighting app stores’ craven behavior, and more.
But also, watching someone call these “free speech warriors” on their sheer rank hypocrisy will be a joy.
But also, watching someone call these “free speech warriors” on their sheer rank hypocrisy will be a joy.
I’m teaching child safety cases to my class today, and it’s super hard to distill down key points in the deluge. But maybe I’ll just start by quoting @corbinkbarthold.bsky.social.
“‘having lawyers get up and give speech contests in front of a jury’ is one of the worst ways he can imagine of settling the scientific disputes about social media and its effects on mental health.” — @corbinkbarthold.bsky.social
www.theatlantic.com/technology/2...
www.theatlantic.com/technology/2...
Can Instagram Ruin Your Life? The Jury Will Decide.
The first in a wave of legal cases alleging that social media is dangerously addictive is now on trial.
www.theatlantic.com
February 11, 2026 at 3:26 PM
I’m teaching child safety cases to my class today, and it’s super hard to distill down key points in the deluge. But maybe I’ll just start by quoting @corbinkbarthold.bsky.social.
We've all been working with -- and newspapers have been regularly reporting based on -- flawed data that wildly overstates how much AI-generated CSAM is out there.
@riana.bsky.social's letter
cyberlaw.stanford.edu/letter-to-nc...
more from @masnick.com www.techdirt.com/2026/02/02/s...
@riana.bsky.social's letter
cyberlaw.stanford.edu/letter-to-nc...
more from @masnick.com www.techdirt.com/2026/02/02/s...
Letter to NCMEC about AI-CSAM Report Statistics
Today, Bloomberg issued a jaw-dropping report about the hundreds of thousands of CyberTipline reports with a generative AI component that Amazon filed to the National Center for Missing and Exploited ...
cyberlaw.stanford.edu
February 10, 2026 at 5:07 PM
We've all been working with -- and newspapers have been regularly reporting based on -- flawed data that wildly overstates how much AI-generated CSAM is out there.
@riana.bsky.social's letter
cyberlaw.stanford.edu/letter-to-nc...
more from @masnick.com www.techdirt.com/2026/02/02/s...
@riana.bsky.social's letter
cyberlaw.stanford.edu/letter-to-nc...
more from @masnick.com www.techdirt.com/2026/02/02/s...
Kudos to Cooley. The timeline for 1L hiring right now is nuts, and it is terrible for the students.
news.bloomberglaw.com/product/blaw...
news.bloomberglaw.com/product/blaw...
Bloomberg Law
news.bloomberglaw.com
February 10, 2026 at 4:53 PM
Kudos to Cooley. The timeline for 1L hiring right now is nuts, and it is terrible for the students.
news.bloomberglaw.com/product/blaw...
news.bloomberglaw.com/product/blaw...
Reposted by Daphne Keller
When I wrote Section 230 I did so knowing it would be critical for protecting free speech online. 30 years later and it’s one of the last things standing in the way of Republican censorship of the internet. Here’s to many more years of defending this vital safeguard of free speech.
February 8, 2026 at 6:28 PM
When I wrote Section 230 I did so knowing it would be critical for protecting free speech online. 30 years later and it’s one of the last things standing in the way of Republican censorship of the internet. Here’s to many more years of defending this vital safeguard of free speech.
Greetings, fellow sports fans! I’m guessing someone on here will be standing by to translate whatever Bad Bunny says in Spanish in real time. Who should we follow for that?
February 8, 2026 at 6:49 PM
Greetings, fellow sports fans! I’m guessing someone on here will be standing by to translate whatever Bad Bunny says in Spanish in real time. Who should we follow for that?
Reposted by Daphne Keller
I'm sorry the guy changing the rules on the fly is named what
I stand with County Executive Calvin Ball as he signs emergency legislation today prohibiting privately owned buildings from being used as ICE detention centers.
Howard County chose dignity, accountability, and its people. Tune into our event now:
bit.ly/4a2VtHw
Howard County chose dignity, accountability, and its people. Tune into our event now:
bit.ly/4a2VtHw
Redirecting...
bit.ly
February 7, 2026 at 2:34 PM
I'm sorry the guy changing the rules on the fly is named what
And they say it's the EU that's doing extraterritorial censorship...
Holy cow. This 5th Circuit ruling on U.S. copyright overriding other countries' copyright laws, while a little arcane in its details, is a huge mess for everything from basic commercial licensing to national sovereignty and comity.
A Volcanic Opinion in the Fifth Circuit Destabilizes International Copyright Law—Vetter v. Resnik (Guest Blog Post) - Technology & Marketing Law Blog
By Guest Blogger Tyler Ochoa [Eric’s note: this is another Long Read post from Prof. Ochoa, clocking in at over 10k words.] Territoriality is a fundamental principle of international intellectual prop...
blog.ericgoldman.org
February 6, 2026 at 8:38 PM
And they say it's the EU that's doing extraterritorial censorship...
Holy cow. This 5th Circuit ruling on U.S. copyright overriding other countries' copyright laws, while a little arcane in its details, is a huge mess for everything from basic commercial licensing to national sovereignty and comity.
A Volcanic Opinion in the Fifth Circuit Destabilizes International Copyright Law—Vetter v. Resnik (Guest Blog Post) - Technology & Marketing Law Blog
By Guest Blogger Tyler Ochoa [Eric’s note: this is another Long Read post from Prof. Ochoa, clocking in at over 10k words.] Territoriality is a fundamental principle of international intellectual prop...
blog.ericgoldman.org
February 6, 2026 at 8:38 PM
Holy cow. This 5th Circuit ruling on U.S. copyright overriding other countries' copyright laws, while a little arcane in its details, is a huge mess for everything from basic commercial licensing to national sovereignty and comity.
BRING IT. This lawsuit -- or at least the part about FTC's unconstitutional abuse of antitrust authority -- is long overdue.
They literally *conditioned a merger* on advertisers' agreement to spend money in accordance with the administration's preferences about speech.
They literally *conditioned a merger* on advertisers' agreement to spend money in accordance with the administration's preferences about speech.
February 6, 2026 at 6:15 PM
BRING IT. This lawsuit -- or at least the part about FTC's unconstitutional abuse of antitrust authority -- is long overdue.
They literally *conditioned a merger* on advertisers' agreement to spend money in accordance with the administration's preferences about speech.
They literally *conditioned a merger* on advertisers' agreement to spend money in accordance with the administration's preferences about speech.
I'm hearing some very different takes on the 2016-2026 timeline evolving EU platform regulation.
Mine has always been that 2016ish saw two big "voluntary" platform concessions intended to ward off regulation: the Hate Speech Code of Conduct and the launch of GIFCT. 1/
Mine has always been that 2016ish saw two big "voluntary" platform concessions intended to ward off regulation: the Hate Speech Code of Conduct and the launch of GIFCT. 1/
February 6, 2026 at 4:22 PM
I'm hearing some very different takes on the 2016-2026 timeline evolving EU platform regulation.
Mine has always been that 2016ish saw two big "voluntary" platform concessions intended to ward off regulation: the Hate Speech Code of Conduct and the launch of GIFCT. 1/
Mine has always been that 2016ish saw two big "voluntary" platform concessions intended to ward off regulation: the Hate Speech Code of Conduct and the launch of GIFCT. 1/
Reposted by Daphne Keller
In the DOJ's Epstein documents, Lawrence Krauss, facing a complaint of sexual misconduct, noted Australia's plaintiff friendly defamation laws: "We may need to initiate a lawsuit (and against Gizmodo in Australia, where basically anyone can sue and win)"
February 6, 2026 at 6:17 AM
In the DOJ's Epstein documents, Lawrence Krauss, facing a complaint of sexual misconduct, noted Australia's plaintiff friendly defamation laws: "We may need to initiate a lawsuit (and against Gizmodo in Australia, where basically anyone can sue and win)"
Musk’s Starlink Blocks Russian Troops’ Internet Access at Ukraine’s Request
www.nytimes.com
February 6, 2026 at 2:41 PM
Kids at Stanford who took over a building in a pro-Palestinian protest are facing felony charges.
That seems bonkers to me, but I hadn’t realized it was such an outlier nationally.
That seems bonkers to me, but I hadn’t realized it was such an outlier nationally.
The DA of Santa Clara County, California, is the only prosecutor in the country to try a felony case against pro-Palestine student protesters since campus demonstrations began. The trial began last month and a verdict is expected soon.
In Bay Area, Felony Charges Against Student Protesters Prompt Free Speech Concerns
Local prosecutors are seeking felony-level charges against pro-Palestine demonstrators. Even if they don’t stick, critics say the response is harsh and could chill protests.
boltsmag.org
February 5, 2026 at 4:33 PM
Kids at Stanford who took over a building in a pro-Palestinian protest are facing felony charges.
That seems bonkers to me, but I hadn’t realized it was such an outlier nationally.
That seems bonkers to me, but I hadn’t realized it was such an outlier nationally.
Reposted by Daphne Keller
This is the central lesson when I teach a networking course.
The secondary one is "most of the core protocols were designed by researchers who implicitly trusted each other, security is at best bolted on after the fact".
The secondary one is "most of the core protocols were designed by researchers who implicitly trusted each other, security is at best bolted on after the fact".
Guys, it’s fine. It’s probably DNS. Or BGP. Or us-east-1
Frankly, the entire Internet is made of duct tape and popsicle sticks held together by bubble gum and string and it’s amazing that anything ever works at all
Frankly, the entire Internet is made of duct tape and popsicle sticks held together by bubble gum and string and it’s amazing that anything ever works at all
February 5, 2026 at 4:09 PM
This is the central lesson when I teach a networking course.
The secondary one is "most of the core protocols were designed by researchers who implicitly trusted each other, security is at best bolted on after the fact".
The secondary one is "most of the core protocols were designed by researchers who implicitly trusted each other, security is at best bolted on after the fact".
Reposted by Daphne Keller
Few Canadians are paying attention as Senate committee approves creating government power mandating that virtually any site - social media, AI, search - require age verification under threat of court-ordered blocking in Canada. Bill S-209 about far more than pornography sites.
February 5, 2026 at 4:10 PM
Few Canadians are paying attention as Senate committee approves creating government power mandating that virtually any site - social media, AI, search - require age verification under threat of court-ordered blocking in Canada. Bill S-209 about far more than pornography sites.
Reposted by Daphne Keller
EpsteIN—as in, Epstein and LinkedIn—searches your connections on the social network for names that match those in the released files.
This Tool Searches the Epstein Files For Your LinkedIn Contacts
EpsteIN—as in, Epstein and LinkedIn—searches your connections on the social network for names that match those in the released files.
www.404media.co
February 5, 2026 at 4:15 PM
EpsteIN—as in, Epstein and LinkedIn—searches your connections on the social network for names that match those in the released files.
😂💀😂
DG CNECT has a tender for creating DSA & AIA compliance chatbots. Lots of problems with this.
As @daphnek.bsky.social has previously examined, ChatGPT DSA advice heavily skews towards takedowns/filtering (what many erroneously think) and not what the law actually says.
h/t eupolicy.social/@ilumium
As @daphnek.bsky.social has previously examined, ChatGPT DSA advice heavily skews towards takedowns/filtering (what many erroneously think) and not what the law actually says.
h/t eupolicy.social/@ilumium
Jan Penfrat (@[email protected])
6.34K Posts, 2.01K Following, 2.79K Followers · Policy guy @edri, working on platform regulation, content moderation, data protection and surveillance ads in Europe. For 15+ years in the Brussels maze...
eupolicy.social
February 4, 2026 at 9:31 PM
😂💀😂
Reposted by Daphne Keller
Bonus round: compare this to these same reps' stance on age verification
They say the world's biggest platforms can't geoblock because... privacy! Bless these sweet summer children, but also someone should them how platforms make money. How even the French courts in the Yahoo/LICRA case, 26 YEARS before today's ubiquitous data collection, knew about geotargeted ads. 18/
February 4, 2026 at 4:47 PM
Bonus round: compare this to these same reps' stance on age verification