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VOICE ARCHIVE

Daphne Keller

@daphnehk
156 posts
2024-12-07
TikTok ruling is out: “We conclude the portions of the Act the petitioners have standing to challenge, that is the provisions concerning TikTok and its related entities,survive constitutional scrutiny. We therefore deny the petitions” https://storage.courtlistener.com/ ...
2024-12-07 View on X
Wall Street Journal

TikTok still faces a US ban if not sold by January 19, after a federal appeals court ruled that Congress has the power to take action to protect US interests

Divest-or-Sell Order Slated to Go Into Effect Next Month Forbes : Sources: Tim Cook and senior Apple execs have been discussing how best to respond to potential TikTok ban, concedi...

TikTok ruling is out: “We conclude the portions of the Act the petitioners have standing to challenge, that is the provisions concerning TikTok and its related entities,survive constitutional scrutiny. We therefore deny the petitions” https://storage.courtlistener.com/ ...
2024-12-07 View on X
Bloomberg

TikTok users shouldn't count on Trump to save the app, as his stance has been inconsistent and the app's existence brings little upside for him post-election

One of Trump's first important decisions could be to deprive Gen Z of its favorite app.  —  A federal appeals court ruling …

2024-12-06
TikTok ruling is out: “We conclude the portions of the Act the petitioners have standing to challenge, that is the provisions concerning TikTok and its related entities,survive constitutional scrutiny. We therefore deny the petitions” https://storage.courtlistener.com/ ...
2024-12-06 View on X
Wall Street Journal

TikTok still faces a US ban if not sold by January 19, after a federal appeals court ruled that Congress has the power to take action to protect US interests

Panel rules Congress has the power to shut down Chinese-backed app in the U.S. because of national security concerns

2024-10-16
Hard not to see this in purely social terms. Like “I could punish you, but the truth is you don't even matter enough for me to put in the time.”
2024-10-16 View on X
TechCrunch

The EU declines to designate X as a DMA gatekeeper after an investigation found that “X is not an important gateway for business users to reach end users”

Elon Musk's X won't be regulated under the European Union's Digital Markets Act (DMA) the Commission decided Wednesday …

2024-10-03
There is some wording in here about counterspeech being a less restrictive means, which seems goofy to me. Doesn't that just mean that not passing a law at all would be a less restrictive means? Later it talks about a better labeling rule potentially being less restrictive.
2024-10-03 View on X
TechCrunch

A US judge temporarily blocks California's AG from enforcing AB 2839, which Governor Gavin Newsom signed into law on September 17 to remove election deepfakes

Musk Says Its ‘Score One’ For Free Speech Rocket Drew / The Information : Judge Blocks California Deepfake Law Eugene Volokh / Reason : Judge Blocks California Law Restricting “Mat...

2024-08-31
I can't express how unutterably tired I feel after reading this absurd 3rd Cir ruling. It denies TikTok 230 immunity for a claim that is (very thinly) framed as liability based on algorithmic promotion, instead of liability based on user content. 1/ https://cases.justia.com/...
2024-08-31 View on X
BIG

Social media companies' reliance on Section 230 protections is in jeopardy after a US court ruled TikTok's algorithmic curation is not protected by Section 230

“TikTok reads 230 of the Communications Decency Act to permit casual indifference to the death of a ten-year-old girl.”  - Judge Paul Matey

2024-08-18
The fact that this mandate was called a “Data Protection Impact Assessment” and talked about both things at once doesn't change this bottom line. As the court notes (later, in tailoring analysis), lawmakers coulda just made a law about data and not pinned it to speech. 3/ [image]
2024-08-18 View on X
Washington Post

A US appeals court largely upholds a ruling blocking the California Age-Appropriate Design Code Act, finding parts of the law likely violate the First Amendment

making decisions based on evidence, not claims.https://www.washingtonpost.com/ ... Nora Benavidez / @attorneynora : Breaking news: the Ninth Circuit just ruled that California Age ...

And as the court also notes, the fact that this content-based law is unconstitutional tells us zip, zero, nada, zilch, bagel, donut about whether ACTUAL privacy laws are OK. You know, the ones that don't require straight-up speech restrictions. 4/ [image]
2024-08-18 View on X
Washington Post

A US appeals court largely upholds a ruling blocking the California Age-Appropriate Design Code Act, finding parts of the law likely violate the First Amendment

making decisions based on evidence, not claims.https://www.washingtonpost.com/ ... Nora Benavidez / @attorneynora : Breaking news: the Ninth Circuit just ruled that California Age ...

The easy part was about the law's requirement to assess risks that were *defined by the kinds of content* children might see, and then mitigate those risks. Obviously that is a speech regulation. The panel gave the AG lawyer a hard time for trying to pretend otherwise. 2/
2024-08-18 View on X
Washington Post

A US appeals court largely upholds a ruling blocking the California Age-Appropriate Design Code Act, finding parts of the law likely violate the First Amendment

making decisions based on evidence, not claims.https://www.washingtonpost.com/ ... Nora Benavidez / @attorneynora : Breaking news: the Ninth Circuit just ruled that California Age ...

NetChoice v Bonta, the Cal AADC case, was IMO pretty easy on the substance, and pretty hard in needing to apply the Moody facial/as applied logic to a big sprawling law. The 9th Circuit did a very good job on both. 1/ https://cdn.ca9.uscourts.gov/ ...
2024-08-18 View on X
Washington Post

A US appeals court largely upholds a ruling blocking the California Age-Appropriate Design Code Act, finding parts of the law likely violate the First Amendment

making decisions based on evidence, not claims.https://www.washingtonpost.com/ ... Nora Benavidez / @attorneynora : Breaking news: the Ninth Circuit just ruled that California Age ...

2024-08-17
The easy part was about the law's requirement to assess risks that were *defined by the kinds of content* children might see, and then mitigate those risks. Obviously that is a speech regulation. The panel gave the AG lawyer a hard time for trying to pretend otherwise. 2/
2024-08-17 View on X
Washington Post

A US appeals court largely upholds a ruling blocking the California Age-Appropriate Design Code Act, finding parts of the law likely violate the First Amendment

The court found key parts of the landmark law probably violate the First Amendment, largely siding with an industry challenge.

NetChoice v Bonta, the Cal AADC case, was IMO pretty easy on the substance, and pretty hard in needing to apply the Moody facial/as applied logic to a big sprawling law. The 9th Circuit did a very good job on both. 1/ https://cdn.ca9.uscourts.gov/ ...
2024-08-17 View on X
Washington Post

A US appeals court largely upholds a ruling blocking the California Age-Appropriate Design Code Act, finding parts of the law likely violate the First Amendment

The court found key parts of the landmark law probably violate the First Amendment, largely siding with an industry challenge.

And as the court also notes, the fact that this content-based law is unconstitutional tells us zip, zero, nada, zilch, bagel, donut about whether ACTUAL privacy laws are OK. You know, the ones that don't require straight-up speech restrictions. 4/ [image]
2024-08-17 View on X
Washington Post

A US appeals court largely upholds a ruling blocking the California Age-Appropriate Design Code Act, finding parts of the law likely violate the First Amendment

The court found key parts of the landmark law probably violate the First Amendment, largely siding with an industry challenge.

The fact that this mandate was called a “Data Protection Impact Assessment” and talked about both things at once doesn't change this bottom line. As the court notes (later, in tailoring analysis), lawmakers coulda just made a law about data and not pinned it to speech. 3/ [image]
2024-08-17 View on X
Washington Post

A US appeals court largely upholds a ruling blocking the California Age-Appropriate Design Code Act, finding parts of the law likely violate the First Amendment

The court found key parts of the landmark law probably violate the First Amendment, largely siding with an industry challenge.

2024-07-02
Alito's NetChoice concurrence is literally (mis)citing the part of Packingham he criticized at the time as “undisciplined dicta[.]” [image]
2024-07-02 View on X
CBS News

SCOTUS orders lower courts to take another look at Texas' and Florida's social media laws, saying neither lower court conducted proper analysis of 1A challenges

The First Amendment was written in the 18th century … The Hill : Morning Report — Is a Trump election interference trial off the table? CCIA : Supreme Court Issues Ruling in CCIA, ...

2024-05-02
This suit against Meta by @EthanZ w counsel from @knightcolumbia has everything. Section 230 interpretive fights galore, all on behalf of middleware providers, and with implications for researchers. And copyright and DMCA 1201 claims waiting in the wings! https://www.wired.com/...
2024-05-02 View on X
Wired

Ethan Zuckerman sues to stop Meta from blocking his planned Unfollow Everything 2.0 extension that would let Facebook users tune or even turn off their Feed

Academic Ethan Zuckerman is suing Meta to win protections for add-ons that help researchers study the platform and give users more control over their feeds.

@EthanZ @knightcolumbia It made me so sad and nostalgic for the days when I covered all of this in my class (and practice)! Now I am not even fully up to date on CFAA and 1201 pieces, sigh.
2024-05-02 View on X
Wired

Ethan Zuckerman sues to stop Meta from blocking his planned Unfollow Everything 2.0 extension that would let Facebook users tune or even turn off their Feed

Academic Ethan Zuckerman is suing Meta to win protections for add-ons that help researchers study the platform and give users more control over their feeds.

I'm in a lot of little fragmented conversations about this case against Meta (which I like to think of as Zuckerman v. Zuckerberg or ZvZ though that isn't the real caption). So here is a brain dump. Corrections welcome, especially from @EthanZ or @knightcolumbia. 1/
2024-05-02 View on X
Wired

Ethan Zuckerman sues to stop Meta from blocking his planned Unfollow Everything 2.0 extension that would let Facebook users tune or even turn off their Feed

Academic Ethan Zuckerman is suing Meta to win protections for add-ons that help researchers study the platform and give users more control over their feeds.

@rao_hacker_one ... Figuring out what the legal barriers are (and aren't) for the basic mechanics of things like scraping or automated tools for users to set preferences is, IMO, really important.
2024-05-02 View on X
Wired

Ethan Zuckerman sues to stop Meta from blocking his planned Unfollow Everything 2.0 extension that would let Facebook users tune or even turn off their Feed

Academic Ethan Zuckerman is suing Meta to win protections for add-ons that help researchers study the platform and give users more control over their feeds.

2024-04-25
This @FT article with former TikTok employees talking about ByteDance's influence on daily operations is about what I'd expect absent a very formal, very disruptive and inconvenient firewall. Here's how that plays out for Trust and Safety: https://www.ft.com/... [image]
2024-04-25 View on X
Financial Times

Interviews with 24+ current and ex-ByteDance staff: the Beijing-based company has tightened its grip on TikTok over the past two years, causing a culture clash

Financial Times :