Blog Posts: Filtered

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?

Broad Consequences of a Systemic Duty of Care for Platforms

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. By encouraging or requiring platforms to review user content or exercise more control over it, SDOC laws would change courts’ reasoning in cases about YouTube’s liability for a defamatory video, for example. Read more about Broad Consequences of a Systemic Duty of Care for Platforms

Systemic Duties of Care and Intermediary Liability

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. Second, they want to preserve existing immunities, with platforms generally not facing liability for content they aren’t aware of. Read more about Systemic Duties of Care and Intermediary Liability

Intermediary Liability 101: An Update for 2020

I've had a lot of positive feedback for the Intermediary Liability 101 slides I shared back in 2018, so I thought I'd post these updated ones now. They are based on a deck I presented to a European policymaking audience last month. Their focus tilts toward European examples -- but many of the issues captured here are universal. This version also has a longer section toward the end listing emerging issues and ideas (again, with a European lens).  Read more about Intermediary Liability 101: An Update for 2020

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