Constitutionalising Algorithmic Enforcement
This chapter offers a clear, comparative map of algorithmic enforcement in the IP domain, with emphasis on copyright and trade marks online. In short, the chapt…
Intermediary Liability
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Censorship, Civilizational Allies, and Codes of Practice: How European Tech Regulation Became a Geopolitical Flashpoint
Daphne Keller and Joan Barata of Stanford’s PPR discuss the European Union’s Disinformation Code of Practice and its transition, on July 1, from voluntary frame…
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The Just Security Podcast: Regulating Social Media — Is it Lawful, Feasible, and Desirable?
2025 will be a pivotal year for technology regulation in the United States and around the world. The European Union has begun regulating social media platforms…
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Teaching Platform Regulation
This year I taught my “standard” platform regulation course for something like the twelfth time. Here’s the syllabus. The course has changed a lot over the year…
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Lawfare Live: Meta To End Fact-Checking Program
Lawfare Editor-in-Chief Benjamin Wittes will talk to Lawfare Senior Editor Quinta Jurecic, Associate Research Professor at Georgetown University Renee DiR…
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The Brussels Effect: Daphne Keller
Our next guest in this series focuses on the EU’s Digital Services Act (DSA) and the risk of prematurely exporting an EU law: Daphne Keller, Director of the Pro…
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Regulating platform risk and design: ChatGPT says the quiet part out loud
Platform laws too often use terms like "design" or "risk mitigation” as euphemisms for mandates that target legally protected expression. When asked GPT about them, its answers said that quiet part out loud.
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Social media giants say they have First Amendment rights that protect their speech
ALLYN: Far-fetched to Wu, but the Supreme Court sees it differently. In a recent case involving the tech lobbyist group NetChoice, the court ruled that social m…
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What to Know About the Supreme Court Arguments on Social Media Laws
The Supreme Court’s decision in those cases — Moody v. NetChoice and NetChoice v. Paxton — is a big test of the power of social media companies, potentially res…
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FAQs About The NetChoice Cases at the Supreme Court, Part 2
This is the second in a hopefully finite series of blog posts about the legal issues in the NetChoice cases, in which platforms raise First Amendment challe…
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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 enacte…
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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 informatio…