Daphne Keller

@daphnek.bsky.social

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Finally got to a social network soon enough not to use my middle initial.

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Anyone else pause to quickly review Feist when they got to this part of Alito's NetChoice "concurrence"? @chup.blakereid.org?

My least favorite part of Murthy is this. If govt pressure caused platforms to change their speech rules, and thus suppress plaintiffs' speech... then plaintiffs still have no standing. Because the pressure, having succeeded, is over now and no longer redressable. @davidgreene.bsky.social thoughts?

My "Lawful but Awful" article was unavailable outside of paid databases for a while, thanks to some website migration issues at U Chicago. But it's back! Here is the new URL. lawreview.uchicago.edu/online-archi...

Lawful but Awful? Control over Legal Speech by Platforms, Governments, and Internet Users | The University of Chicago Law Review lawreview.uchicago.edu In his quixotic bid to buy and reform Twitter, Elon Musk swiftly arrived at the same place nearly every tech mogul does: he doesn’t want censorship, but he does want to be able to suppress some legal ...

This Right of Publicity law moving through Congress is totally bonkers. www.techdirt.com/2024/01/23/w...

Was The NO AI FRAUD Act Written By A Fraudulent AI? Because Whoever Wrote It Is Hallucinatingwww.techdirt.com A couple of weeks ago, a friend sent me Rep. Maria Elvira Salazar’s and Rep. Madeleine Dean’s proposed NO AI FRAUD Act, which purports to “protect Americans’ individual right to their likenes…

Super interesting Ford Foundation Technology & Society Program Officer gig for someone. www.fordfoundation.org/about/careers/

Careers - Ford Foundationwww.fordfoundation.org Information for those interested in pursuing a career with the Ford Foundation.

Uh... the DC Circuit says that the Copyright Office's triennial rulemaking about exceptions to the DMCA's anti-circumvention rules is subject to the APA. Anyone know what that means in practice? www.cadc.uscourts.gov/internet/opi...

www.cadc.uscourts.gov

No big platform rulings today. Stand down, everyone.

Hello Mastodon! I’m @[email protected] and this is my test post. I really, really hope these streams can merge. LMK if you’re over there and now available here on Bluesky by similar means!

News for nerds! ActivityPub 🤝🏻 ATProto Congrats @snarfed.org!

Bluesky and Mastodon users can now talk to each other with Bridgy Fed | TechCrunchtechcrunch.com Bridgy Fed is one of the efforts aimed at connecting the fediverse with the web, Bluesky and, perhaps later, other networks like Nostr.

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Daphne Keller

News for nerds! ActivityPub 🤝🏻 ATProto Congrats @snarfed.org!

Will tomorrow be Murthy day?? You might want to brush up on Vullo with this thread from @davidgreene.bsky.social (or my thread from Monday) just in case!

Some thoughts on the NRA v Vullo decision and what it might presage for Murthy v Missouri: www.supremecourt.gov/opinions/23p... Thread follows, but the TLDR is the Court approves of the jawboning test applied by the 5th Circuit in Murthy (then Missouri v Biden). But the facts ... oh the facts ...

www.supremecourt.gov

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Daphne Keller

Senate Passes Emergency Border Funding To Prevent Female Leadership From Spreading To U.S.www.theonion.com WASHINGTON—Saying threats were at record levels after the recent presidential election in Mexico, the Senate passed emergency border funding Monday to prevent female leadership from spreading to the U...

Last week the S Ct handed down a ruling that matters for jawboning cases about govt pressure on platform content moderation (including the Ct’s pending Murthy case). It got lost in the hubbub of other judicial developments, so I’m writing about it now. www.supremecourt.gov/opinions/23p... 1/

www.supremecourt.gov

Indulging in some fantasies about a future in which Musk is still running X/Twitter, and Frank McCourt is running TikTok.

Weird day to have jury duty. It might be my imagination but I think everyone is more attentive to the “juries are the heart of democracy and justice” spiel in the intro video than we all were the last time I did this.

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Daphne Keller

Everyone with a law degree is whispering this to themselves and rocking back and forth

He can’t pardon himself for state law crimes.

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Daphne Keller

I salute E. Jean Carroll and Stormy Daniels for being braver than all three branches of our government.

In Vullo, did the 1st Am-violating state action include negotiating/entering into the consent decrees? I know everyone is distracted rn so tagging @chup.blakereid.org @davidgreene.bsky.social -- no pressure, can't remember who I already asked elsewhere and who is on here!

Wow. NRA v. Vullo is out. the NRA (represented by the @ACLU) wins on its 1st Am claims re jawboning by state official seeking to retaliate for the NRA's expressive activity by urging insurers not to cover the NRA. J. Sotomoyor writes for a unanimous Ct. www.supremecourt.gov/opinions/23p...

www.supremecourt.gov

I know what cases I'm waiting for this morning. But man, there are some really really important other cases on the TBD list this term. It's scary af. www.washingtonpost.com/politics/202...

The biggest 2024 Supreme Court rulings so far, and what’s still to comewww.washingtonpost.com We’re tracking decisions in the biggest cases before the Supreme Court in 2024. See the latest.

Important win for freedom of expression and information from the Turkish Constitutional Court for Automattic and @wordpress.bsky.social transparency.automattic.com/2024/05/28/f...

Fighting Back: A Victory for Freedom of Expression in the Turkish Constitutional Courttransparency.automattic.com Today, we are pleased to announce an important victory for freedom of expression online: we beat Turkish President Erdoğan in the Turkish Constitutional Court. For almost a decade now, we have receiv...

All credit to @adelin.bsky.social

(a) Who has time for this much flag management?? (b) Can we get some recusals on religion cases out of this one? www.nytimes.com/2024/05/22/u...

Another Provocative Flag Was Flown at Another Alito Homewww.nytimes.com The justice’s beach house displayed an “Appeal to Heaven” flag, a symbol carried on Jan. 6 and associated with a push for a more Christian-minded government.

You know how every couple of years Congress fails to do its most basic job, and then the federal government shuts down (or nearly shuts down) for lack of budget? The latest Section 230 proposal is to do that, but for the Internet. publicknowledge.org/frustrated-w...

Anyone who thinks they can make things better by simply deleting Section 230 is definitely not paying attention. But if a Member of Congress truly wants to cut off their nose to spite their face, supporting the "sunsetting" proposal is a good way to do that, I guess. 1/

Frustrated With Its Own Failure, Congress Issues an Ultimatum to Big Techpublicknowledge.org A new bill that proposes to "sunset" Section 230 could work against Congress' very own goals of reining in Big Tech.

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Daphne Keller

So, this is a very big story that deserves attention. Members of Congress flat out threatening to launch investigations into organizations helping TikTok try to defend its rights is very, very bad. www.techdirt.com/2024/05/10/c...

Congressional Committee Threatens To Investigate Any Company Helping TikTok Defend Its Rightswww.techdirt.com “Do you now, or have you ever, worked with TikTok to help defend its rights?” That McCarthyism-esque question is apparently being asked by members of Congress to organizations that have been workin…

Man does this Google Chrome ad bum me out. It offers Chrome as a tool for companies to surveil and control their employees. For starters, your Chrome browser can prevent you from pasting, printing, uploading, or downloading content. 1/

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Daphne Keller

The acceleration of Biglaw summer 2L job searches into the 1L year disadvantages most students...especially diverse and 1st gen students... abovethelaw.com/2024/05/unin...

Unintended Victim Of New Biglaw Recruitment Process? Diversity.abovethelaw.com This is what happens when you ditch the rules of recruitment.

This is pretty high on my list of AI things that actually scare me.

Silicon Valley tech leaders are now openly embracing Middle Eastern oil money, giving Saudi and the UAE unprecedented influence in the U.S. tech industry. “The Khashoggi era is over,” said a prominent venture capitalist. www.washingtonpost.com/technology/2...

Silicon Valley once chafed at dictatorships. Then came a Middle East gold rush.www.washingtonpost.com Virtually overnight, the Middle East has emerged as the most powerful geopolitical force in the tech industry, due in part to the Biden administration’s fears about China.