Blog Posts: Filtered

FAQs about the NetChoice Cases at the Supreme Court, Part 1

The Supreme Court is about to review a constitutional challenge to two unprecedented and very complicated laws regulating social media. The laws were enacted by Texas and Florida in order to counter “censorship” and alleged anti-conservative bias of major Internet platforms like Facebook or YouTube. Both laws have “must-carry” rules that restrict platforms’ ability to moderate content under their preferred editorial policies, and “transparency” rules including requirements for platforms to notify users when their posts have been moderated. Read more about FAQs about the NetChoice Cases at the Supreme Court, Part 1

Rushing to Launch the EU's Platform Database Experiment

One of the least appreciated transparency measures in the EU’s new Digital Services Act (DSA) is the requirement for platforms to send the Commission information about each individual content moderation action, and for the Commission to make that information available in a public database. Draft technical specifications for submissions to the database are out now. They are in real need of improvement, but it's not clear if there is time for that to happen. Read more about Rushing to Launch the EU's Platform Database Experiment

Some Practical Postulates About Platform Data

Beliefs and expectations about what data platforms have at their fingertips vary wildly. That is about to matter a great deal, once new rules in the EU allowing researchers to access data held by platforms come into effect. Relationships between researchers, platforms, and regulators are likely to be very bumpy — and important research is likely to be delayed — until expectations become more aligned.  Read more about Some Practical Postulates About Platform Data

My Senate Testimony About Platform Transparency

This week I participated in an unusually collegial and productive Senate hearing about approaches to platform transparency, presided over by Senator Coons. My detailed written testimony, including appendices listing other resources and attempting to identify platforms potentially covered by proposed laws, is here. It captures a lot of detailed questions and concerns that I have been thinking about for a while, but not had time to write about anywhere else, including about surveillance issues. Read more about My Senate Testimony About Platform Transparency

What Does the DSA Say?

People keep asking me what the EU’s new Digital Services Act (DSA) says. So far, I have not found overview materials that seem like the right match for people unfamiliar with the EU legal and policy landscape. So here is my own very quick and dirty rundown.

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User Privacy vs. Platform Transparency: The Conflicts Are Real and We Need to Talk About Them

This post is about what I consider one of the hardest questions, particularly under laws that create special data-access regimes for researchers. What data are platforms supposed to share, and what personal information will it disclose about Internet users? This question pits privacy goals against data-access and research goals. A strongly pro-privacy answer will curtail research into questions of great public importance. A strongly pro-research answer will limit users’ privacy rights. In between lie a lot of difficult calls and complex trade-offs. Read more about User Privacy vs. Platform Transparency: The Conflicts Are Real and We Need to Talk About Them

Privacy, Middleware, and Interoperability: Can Technical Solutions, Including Blockchain, Help Us Avoid Hard Tradeoffs?

Interoperability and distributed content moderation models have tremendous promise. But they raise major questions about user privacy. Ultimately, they will likely require difficult tradeoffs between competing goals including competition, privacy, and improved speech environments. This post examines technical solutions, including ambitious blockchain-based ones, that can reduce -- but not eliminate -- those tradeoffs. Read more about Privacy, Middleware, and Interoperability: Can Technical Solutions, Including Blockchain, Help Us Avoid Hard Tradeoffs?

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