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The Lawfare Podcast

Daphne Keller on Legal Liability for Tech Platforms

The Lawfare Podcast

The Lawfare Institute

History, News, National Security, Law, Terrorism, Current Events, Military, International Law, Foreign Policy, Intelligence, International Relations, Politics, Diplomacy, Rule Of Law, Government, Constitutional Law

4.7 • 6.4K Ratings

🗓️ 7 November 2019

⏱️ 58 minutes

🧾️ Download transcript

Summary

In this episode of the Arbiters of Truth series—Lawfare's new podcast series on disinformation in the run-up to the 2020 election—Quinta Jurecic and Evelyn Douek spoke with Daphne Keller, the director of intermediary liability at Stanford's Center for Internet and Society, about the nuts and bolts of content moderation. People often have big ideas for how tech platforms should decide what content to take down and what to keep up, but what kind of moderation is actually possible at scale? And what happens when those decisions come into conflict with different norms of free speech—for example, between the U.S. and Europe? They talked about intermediary liability law in the United States, recent rulings by the Court of Justice of the European Union, and everything in-between.

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Transcript

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0:00.0

The following podcast contains advertising to access an ad-free version of the LawFair

0:07.2

podcast become a material supporter of LawFair at patreon.com slash LawFair.

0:14.7

That's patreon.com slash LawFair.

0:18.2

Also, check out LawFair's other podcast offerings, rational security, chatter, LawFair

0:25.6

no bull and the aftermath.

0:33.8

The gift CT database for identifying images and videos that have been flagged as violent

0:40.4

extremism, you know, those have a slightly different problem because generally when

0:47.0

they catch a duplicate of a prohibited image or video, the thing that they flag really is

0:54.6

a duplicate with some margin of error, but it's a technical accuracy of identifying duplicates

1:00.3

is relatively high.

1:02.1

The problem is that for violent extremist content, many things that are illegal in one

1:08.4

context are legal in a different context.

1:12.8

And so, you know, a video that's used by ISIS for recruiting in one context needs to be

1:19.6

available for journalists and for scholars and researchers and people engaging in counter

1:26.8

speech to use in other ways.

1:30.6

I'm Quinta Juresaq and this is the LawFair podcast, November 7th, 2019.

1:37.4

We're bringing you a new episode from our Arbiters of Truth series on disinformation in the

1:42.1

run up to the 2020 election.

1:44.8

My colleague Evelyn Duwakini spoke with Daphne Keller, the director of intermediary liability

1:50.2

at Stanford Center for Internet and Society, about the nuts and bolts of content moderation.

1:56.2

People often have big ideas for how tech platforms should decide what content to take down

2:00.8

and what to keep up, but what kind of moderation is actually possible at scale?

...

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