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Daphne Keller

@daphnek.bsky.social
13K followers 189 following 4.8K posts

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. law.stanford.edu/daphne-keller

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Reposted by Daphne Keller
David Greene @davidgreene.bsky.social · 01/10/2026
Win! Judge Hellerstein just denied the government's motion to dismiss the UAW v State Dept case challenging the social media surveillance of in-country visa holders. Analysis and a link to the decision coming soon!
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Daphne Keller @daphnek.bsky.social · 01/10/2026
And thank you!
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Daphne Keller @daphnek.bsky.social · 01/10/2026
I fully agree with that last part! I probably agree with the first part but don't know enough.
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Daphne Keller @daphnek.bsky.social · 01/10/2026
Trying hard to stop now, please know this was from a VERY quick skim!
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Daphne Keller @daphnek.bsky.social · 01/10/2026
Long-form video is also carved out of both settlements, but they define it differently. For Meta, it is 22 minutes. For TikTok, it is 10. That sound you hear is heads exploding over at YouTube.
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Daphne Keller @daphnek.bsky.social · 01/10/2026
I tried searching to figure out if messaging is treated differently here. It is largely carved out of Meta's settlement. But a company with less messaging usage might have reason to promise to restrict messaging and then make competitors do the same. (This is IMO a classic Microsoft move, BTW.)
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Daphne Keller @daphnek.bsky.social · 01/10/2026
Query, how does TikTok ownership change etc. fit in here? Who knows.
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Daphne Keller @daphnek.bsky.social · 01/10/2026
The "released claims" for Meta are the ones alleged in the MDL, which I assume are all about children but maybe should check. The "released claims" for TikTok basically anything they ever did in running the product. Way to go, Alabama.
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Daphne Keller @daphnek.bsky.social · 01/10/2026
OH MY GOD this flips the script and pays AGs extra to go out and enlist *other AGs* in TikTok's agreement!!
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Daphne Keller @daphnek.bsky.social · 01/10/2026
Same 2 hour limit as Meta, same reduction to 1 hour if competitors all agree to the same.
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Daphne Keller @daphnek.bsky.social · 01/10/2026
Like Meta, it invokes the MPA movie ratings as a guide. Like Meta, it has a long detailed definition of prohibited cosmetic filters. There is stuff I think is new about account discoverability and notifying teens themselves about inbound messages from suspicious accounts.
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Daphne Keller @daphnek.bsky.social · 01/10/2026
I would know if the frigging Alabama AG's office would post a PDF that is text searchable. That should be illegal for govt documents. OCR-ing now.
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Daphne Keller @daphnek.bsky.social · 01/10/2026
Here's the list of product gives. It is very close but doesn't look quite identical to Meta's. TikTok is presumably playing to its strengths and listing things *it* already has built or nearly built. Personalized ranking is opt-OUT for Meta but opt-IN here. What even *is* non=personalized TikTok?
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Daphne Keller @daphnek.bsky.social · 01/10/2026
It has an extremely similar definition of the content that it will restrict. Like Meta, it tries to avoid Murthy/Vullo problems by claiming that this is just gonna be TikTok enforcing its own voluntary policies (under threat of AG enforcement). The one with highlighting is Meta's.
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Daphne Keller @daphnek.bsky.social · 01/10/2026
Wow. Alabama's new settlement with TikTok has *so* much in common with the Meta settlement. It also tries to extend the rules to other companies, and it's the same list: Meta, TikTok, Snap, YouTube and NEW competitors who come along and get big in the future. www.alabamaag.gov/wp-content/u...
alabamaag.gov
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Daphne Keller @daphnek.bsky.social · 01/10/2026
A Morally Binding Accord to Wrap the Fucking Cheese Back Up
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Daphne Keller @daphnek.bsky.social · 01/10/2026
I suppose there’s also motivation to spent more when the Commission launches a new existential legislative threat to your business each year? (I’m ex-Google, left 2014, so my perspective may be skewed! But we definitely felt constantly on the defense even then, GDPR times.)
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Daphne Keller @daphnek.bsky.social · 01/10/2026
Well argued!
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Daphne Keller @daphnek.bsky.social · 01/10/2026
X v CCDH oral arguments in Ninth Circuit today focused on CFAA, contracts, and jurisdiction over the Dutch civil society nonprofit (ECF). It did not go well for X, I’d say. X claims that by using scraped data from X to report on hate speech, CCDH became responsible for lost ad revenue.
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Daphne Keller @daphnek.bsky.social · 30/09/2026
I can’t say what he meant. But I think no one has a big enough brain to describe every up and downside of every big platform choice. So you get some people whose emails or slide decks are just down, down, down. (Because literally that’s their job, and it’s valuable, but not the big picture.)
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Daphne Keller @daphnek.bsky.social · 29/09/2026
Tell me about it. I briefly represented whistleblowers and quickly came to realize this. Or both can be true: they can be performing a tremendous public service but were also a huge pain to work with.
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Daphne Keller @daphnek.bsky.social · 29/09/2026
Imagine trying to *do your job* as a risk assessment professional -- or just as a lawyer -- if every time you warned your client about anything you were creating potential liability and a PR ticking time bomb for them.
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Daphne Keller @daphnek.bsky.social · 29/09/2026
Your periodic reminder that "the company ignored employees' warnings" very often just means "people discussed what to do and not everyone agreed." Having these conversations is good. Fearing that open discussion will lead to gotcha headlines is bad.
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Daphne Keller @daphnek.bsky.social · 29/09/2026
Well shoot. Will someone please make a real SCOTUSblog now.
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Reposted by Daphne Keller
Kevin M. Kruse @kevinmkruse.bsky.social · 29/09/2026
We all complain about the media’s failures but organizations like @propublica.org and @texastribune.org are doing the work and deserve our financial support
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Daphne Keller @daphnek.bsky.social · 29/09/2026
If I were a different kind of nerd I would have channeled my experience with EU Right to Be Forgotten into a deep dive on South Africa’s Truth & Reconciliation process and concept. But instead I did this exhaustive GDPR/eCommerce Directive comparison. btlj.org/data/article...
btlj.org
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Daphne Keller @daphnek.bsky.social · 29/09/2026
I identify as a girl you are afraid of but hang out with in case she does something weird or says something interesting.
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Daphne Keller @daphnek.bsky.social · 29/09/2026
Oh this is lovely
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Daphne Keller @daphnek.bsky.social · 29/09/2026
Bad drama with Meta over at GIFCT www.wired.com/story/indepe...
wired.com
Meta-Led Anti-Terrorism Group Faces Mass Resignation of Expert Advisers
Meta and other tech giants are pushing through structural changes at the Global Internet Forum to Counter Terrorism that outside researchers allege will weaken oversight of an already embattled consor...
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Daphne Keller @daphnek.bsky.social · 29/09/2026
I had to set my work on this aside for a year on account of… things, including Russmedia. But the gap makes this AI-lenient tone all the more striking. Also I believe EDPB (and the CJEU to be fair) are ignoring wording differences by Art 9 now and the 1995 DPA language in GC.
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Daphne Keller @daphnek.bsky.social · 29/09/2026
My favorite part so far in the EDPB scraping guidance is a list of scraped sources ending with "and personal websites (‘blogs’)." That kind of thing used to happen because drafters were old. Now maybe it's because drafters are young. @gateklons.eurosky.social
edpb.europa.eu
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Daphne Keller @daphnek.bsky.social · 28/09/2026
well, US AGs just negotiated a settlement with Meta that includes the age assurance ISO standard. i’d be shocked if it hasn’t been used in product liability litigation against platforms to define the standard of care. judges and juries are looking for ways to define things like “negligence.”
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Daphne Keller @daphnek.bsky.social · 26/09/2026
fabulous
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Reposted by Daphne Keller
Katie Martin @katie0martin.ft.com · 25/09/2026
I have blamed The agents That hacked Your website And which You probably Reasonably thought I controlled Forgive me I am rich And unaccustomed To taking responsibility
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Daphne Keller @daphnek.bsky.social · 25/09/2026
Oh I thought that case was over! Is this the shareholder Cambridge Analytica litigation?
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Daphne Keller @daphnek.bsky.social · 25/09/2026
Oh yikes good point
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Daphne Keller @daphnek.bsky.social · 25/09/2026
:)
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Daphne Keller @daphnek.bsky.social · 25/09/2026
Here is how broad the other AGs' Cambridge Analytica releases are. I had already been wondering wtf they were thinking. Now I really want to know.
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Daphne Keller @daphnek.bsky.social · 25/09/2026
The FTC’s Cambridge Analytica settlement was $5 billion BTW. Only DC and NM declined to settle this as part of the child safety settlement. (And then FL and TX and maybe some others didn’t join at all, I think?)
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Daphne Keller @daphnek.bsky.social · 25/09/2026
Damages here are TBD but theoretically could reach the $ hundreds of BILLIONS. I hope all those sucker AGs who just settled their Cambridge Analytica claims for $460 million spread across fifty-ish states and territories are having uncomfortable conversations rn.
reuters.com
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Reposted by Daphne Keller
Daphne Keller @daphnek.bsky.social · 24/09/2026
The EU DSA heard you liked box-checking exercises, so it put a box-checking exercise on your... well, you know. Out of court dispute processes for content moderation under Art 21 aren't censorship. But they're not looking like a great use of resources, either. www.techpolicy.press/the-overlook...
techpolicy.press
The Overlooked Issue Undercutting EU’s Out-of-Court Dispute System
David Sullivan, Jonny Shipp, and Farzaneh Badiei examine the EU’s DSA dispute system and how fee structures may affect content moderation appeals.
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Daphne Keller @daphnek.bsky.social · 24/09/2026
My point is that the DSA put enough chips on appeals already. It should have done some other mechanisms that don't reward trolls and whiners, and DO reward the people who don't think to assert their rights.
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Daphne Keller @daphnek.bsky.social · 24/09/2026
The article's point is that the fee structure -- platform always pays, user never does -- fundamentally undermines the exercise. This seems indisputable.
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Daphne Keller @daphnek.bsky.social · 24/09/2026
In EU Parliament testimony before the DSA, I strongly argued for making this whole Art 21 process experimental to figure out what did and didn't work. I was just as strongly ignored.
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Daphne Keller @daphnek.bsky.social · 24/09/2026
If you don't know, they put a box-checking exercise on your box-checking exercise.
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Daphne Keller @daphnek.bsky.social · 24/09/2026
The EU DSA heard you liked box-checking exercises, so it put a box-checking exercise on your... well, you know. Out of court dispute processes for content moderation under Art 21 aren't censorship. But they're not looking like a great use of resources, either. www.techpolicy.press/the-overlook...
techpolicy.press
The Overlooked Issue Undercutting EU’s Out-of-Court Dispute System
David Sullivan, Jonny Shipp, and Farzaneh Badiei examine the EU’s DSA dispute system and how fee structures may affect content moderation appeals.
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Daphne Keller @daphnek.bsky.social · 24/09/2026
Wooohoooooo!!
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Daphne Keller @daphnek.bsky.social · 23/09/2026
@lilianedwards.bsky.social i hate how bsky doesn’t do threading the way i want
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Daphne Keller @daphnek.bsky.social · 23/09/2026
Oh I thought it was “clog” like this luddite-adjacent folk etymology about smashing machines. Am I overthinking things?
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Daphne Keller @daphnek.bsky.social · 22/09/2026
Anderegg is a distractingly silly name for such a serious precedent. I know it doesn't literally mean "Other Egg" in German but it sure sounds like it should.
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