Problems with Filters in the European Commission’s Platforms Proposal – Daphne Keller

13 10 2017

Earlier I posted about the European Commission’s Communication on Illegal Content Online. I said it dangerously over-estimated the power of procedural mechanisms like counter-notice to get legal speech back online once platforms take it down. Read the rest of this entry »





Counter-Notice does not fix over-removal of online speech – Daphne Keller

10 10 2017

The European Commission recently released a Communication on Tackling Illegal Content Online. It concludes that platforms have a responsibility to develop filtering technologies, in order to identify illegal content ranging from copyright infringement to hate speech. Read the rest of this entry »





The Daily Stormer, Online Speech, and Internet Registrars – Daphne Keller

25 08 2017

Most people I talk to think that Facebook, Twitter, and other social media companies should take down ugly-but-legal user speech. Platforms are generally applauded for taking down racist posts from the White Nationalist demonstrators in Charlottesville, for example. Read the rest of this entry »





Google’s US Challenge to the Canadian Global Delisting Order – Daphne Keller

9 08 2017

In its Equustek ruling in June, the Canadian Supreme Court held that Google must delete search results for users everywhere in the world, based on Canadian law. Google has now filed suit in the US, asking the court to confirm that the order can’t be enforced there. Here’s my take on that claim. Read the rest of this entry »





The GDPR and National Legislation: Relevant Articles for Private Platform Adjudication of “Right to Be Forgotten” Requests – Daphne Keller

5 05 2017

In a recent blog post, I discussed the role of EU Member State laws in defining and enforcing the “Right to Be Forgotten” (RTBF) under the EU’s new General Data Protection Regulation (GDPR). I consider these GDPR provisions in more detail in my forthcoming article. Because in the future RTBF may be applied to hosting services like Facebook or Dailymotion, I discuss potential consequences for them as well as search engines. Read the rest of this entry »





The “Right to Be Forgotten” and National Laws Under the GDPR – Daphne Keller

4 05 2017

The EU’s new General Data Protection Regulation (GDPR) will come into effect in the spring of 2018, bringing with it a newly codified version of the “Right to Be Forgotten” (RTBF).  Depending how the new law is interpreted, this right could prove broader than the “right to be de-listed” established in 2014’s Google Spain case. Read the rest of this entry »





Global Right to be Forgotten: Delisting, why CNIL is wrong – Daphne Keller

22 11 2016

cnil-googleThe French Data Protection Agency, CNIL, is currently before a French court, arguing that Google needs to do more to comply with “Right to Be Forgotten” or “Right to Be Delisted” (RTBD) laws. The EU’s highest court, the CJEU, defined the search engine’s obligations in the 2014 Google Spain v. Costeja case, ruling that Google must comply with requests to remove links from the results it displays when people search for the requester by name. Read the rest of this entry »