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daphnek.bsky.social
Director of Program on Platform Regulation, Stanford CPC. Former Google (2004-2015) Legal Director for Web Search, Speech and Intermediary Liability Issues. I've done this stuff for a long time and am getting kind of cranky about it.
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Oh, fuck off. Chief Justice Urges Political Leaders to Tone Down Rhetoric www.nytimes.com/2025/06/28/u...

Who could possibly have seen this coming…

More of this

Fourth #SCOTUS ruling is in Mahmoud. For a 6-3 majority (with the three Dem. appointees dissenting), Justice Alito sides with parents in challenge to school board's introduction of the “LGBTQ+-inclusive” storybooks, along with its decision to withhold opt outs: www.supremecourt.gov/opinions/24p...

Super-quick take while reading the ruling: This is going to be a much bigger deal for challenges to *other* Trump policies than to birthright citizenship (where it's likely that lower courts will still be able to block the policy on a nationwide basis even after this ruling). *That's* the import.

I am troubled by this hugely important new Brazilian ruling for a long list of reasons. But perhaps the most fundamental is the sheer number of complex issues that the court took it upon itself to resolve, without sufficient grounding in lower court dispute and fact finding. 1/

Brace yourself for a bad US S Ct ruling about age verification at 7 am PST / 10 am EST/ 4 pm CET. This is in FSC v. Paxton, a case about a Texas law regulating porn sites. It will likely matter very directly for ongoing 1st Am challenges to state social media laws.

Proposed: EU authorities publishing official documents (draft regulations, consultations, etc.) should be REQUIRED to link to the actual doc in all the other pages of summary, puffery, and praise that inevitably get published at the same time. Think of the person-hours saved...

That sentence is so insane

I'm going to give a whole panel presentation on jurisdiction without saying the word jurisdiction. It's kind of like sneaking the dog's medicine into the lump of cheese.

This INFURIATES me, and this is what us survivor advocates have been saying for years. Keeping local police and ICE separate is a domestic violence issue. Victims won’t call the police if they fear deportation, which emboldens their abusers and escalates risk. This isn’t public safety.

Nothing was done, and nothing seemed capable of being done

🚨BREAKING: Federal judge concludes that using copyrighted works to train generative A.I. is transformative and ultimately a fair use. (Nevertheless, Anthropic can’t beat the lawsuit because it pirated books for another purpose too.) First of kind ruling. www.documentcloud.org/documents/25...

New Bomb Capable Of Creating 1,500 New Terrorists In Single Blast theonion.com/new-bom...

This fresh horror appears to be true. www.bangkokpost.com/thailand/gen... Bangkok Post - US visa applicants must make social media accounts public

OK hear me out: What if the FTC made authors post their work on substack (despite the platform’s choice to let Nazis drive users away), the same way it’s making advertisers pay to be next to Nazis on X?

if you don’t want your ads to run next to nazi social media posts, the government says “too bad,” you have to.

This is also why the Murthy ruling on standing made a lot of First Amendment people nervous, even if they thought those particular plaintiffs’ claims were laughable.

Fuck.

TIL that a hard old problem has a good solution! Apparently www.throughlinecare.com has vetted, country-by-country lists of suicide and self-harm resources. So platforms can offer users that information without all needing to reinvent the wheel of gathering and checking it. Things can get better!

In today's edition of "every issue is the same issue," the AG Opinion in Russmedia questions the immunity of hosts that syndicate content to third parties. A ruling on that could be a big deal for platforms in (c) and other areas of law. Including when they offer research APIs under DSA Art. 40.

100% of Black people self censor at work. Its a job site not your personal safe space, snowflake.

🚨By a 6–3 vote, the Supreme Court UPHOLDS Tennessee's ban on gender-affirming care for minors, concluding that it does NOT discriminate on the basis of sex, is not subject to heightened scrutiny, and survives rational basis review. All three liberals dissent. www.supremecourt.gov/opinions/24p...

I keep thinking I haven't read MP v. Meta (the 4th Circuit case rejecting Anderson v. TikTok's conclusion that ranking algorithms are not immunized by Section 230). But then I look at it and realize I did read it. It's just all so straightforward and obvious that it's not very memorable.

Having a bit of a hard time with the concept that if a guy in a police uniform who has a police vehicle shows up I should lock the doors and call 911, but if a guy in a ski mask with an hGH gut appears to be kidnapping my neighbor, I shouldn’t ask who he is if I don’t want federal charges.