Broad Consequences of a Systemic Duty of Care for Platforms – Daphne Keller [Updated]

6 06 2020

In a previous post, I described the growing calls for what I called a “systemic duty of care” (“SDOC”) in platform regulation. I suggested that SDOC requirements would create difficult questions in ordinary intermediary liability litigation. Read the rest of this entry »





Systemic Duties of Care and Intermediary Liability – Daphne Keller

5 06 2020

Policymakers in Europe and around the world are currently pursuing two reasonable-sounding goals for platform regulation. First, they want platforms to abide by a “duty of care,” going beyond today’s notice-and-takedown based legal models to more proactively weed out illegal content posted by users. Read the rest of this entry »





Donald Trump’s attacks on social media threaten the free speech rights of all Americans – Eliza Bechtold

2 06 2020

Given that US president Donald Trump appears to use Twitter almost instinctively, his recent attacks on the platform may seem counterintuitive. But his feud with Twitter is another example of the ways in which the president has routinely distorted the principles of the First Amendment in order to undermine the very freedoms he claims to be championing – as well as American democracy more broadly. Read the rest of this entry »





Trump’s Twitter tantrum may wreck the internet – Michael Douglas

29 05 2020

US President Donald Trump, who tweeted more than 11,000 times in the first two years of his presidency, is very upset with Twitter. Earlier this week Trump tweeted complaints about mail-in ballots, alleging voter fraud – a familiar Trump falsehood. Read the rest of this entry »





Online Harms White Paper: A Tale of Two Committees, Part 2 – Graham Smith

29 05 2020

This is Part 2 of a post dealing with evidence given by government Ministers to two Commons Committees – the Home Affairs Committee and the Digital, Culture, Media and Sport Committee – discussing, among other things, the government’s proposed Online Harms legislation. Part 1 was published on 28 May 2020. Read the rest of this entry »





Online Harms White Paper: A Tale of Two Committees, Part 1 – Graham Smith

28 05 2020

Two Commons Committees – the Home Affairs Committee and the Digital, Culture, Media and Sport Committee – have recently held evidence sessions with government Ministers discussing, among other things, the government’s proposed Online Harms legislation. These sessions proved to be as revealing, if not more so, about the government’s intentions as its February 2020 Initial Response to the White Paper. Read the rest of this entry »





Holding Google to Account: France Takes a Stand – Hugh Stephens

22 04 2020

The French Competition Bureau (l’Autorité de la Concurrence) struck a strong blow in the global effort to hold Google to account under national laws when it issued an order on April 9 requiring Google to negotiate with French press publishers and news providers regarding licensing fees for news content appearing in Google search listings in France. Read the rest of this entry »





Society’s dependence on the internet: 5 cyber issues the coronavirus lays bare – Laura DeNardis and Jennifer Daskal

29 03 2020

As more and more U.S. schools and businesses shutter their doors, the rapidly evolving coronavirus pandemic is helping to expose society’s dependence – good and bad – on the digital world. Read the rest of this entry »





Google wants to move UK users’ data to the US: what does that mean for your rights? – Henry Pearce

6 03 2020

It was recently reported that Google was planning to move the personal data of its UK users out of the EU and into the US. Several outlets reporting on this story have suggested that this would mean that, as Britain has left the EU, the data would no longer be covered by the EU’s world-leading data protection law, the GDPR. Read the rest of this entry »





Free speech in the UK: it’s the business of parliament, not Ofcom, to judge what is OK to publish – Jeffrey Howard

3 03 2020

The UK government recently announced a new plan to regulate social media companies such as YouTube, Facebook and Twitter. The proposals give the government’s media regulator, Ofcom, extensive powers to tell tech giants what speech they must suppress – and to punish them if they don’t. Read the rest of this entry »