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Daphne Keller

@daphnek.bsky.social

189 Following13.1k Followers

Director of Platform Regulation, Stanford Law School LST Program. Former Google (2004-2015) Legal Director for Web Search, Speech and Intermediary Liability Issues.
May be cranky.
https://law.stanford.edu/daphne-keller/

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@davidgreene.bsky.socialOct 1, 2026, 10:54 PMReposted by @daphnek.bsky.social

Win! Judge Hellerstein just denied the government's motion to dismiss the UAW v State Dept case challenging the social media surveillance of in-country visa holders. Analysis and a link to the decision coming soon!

@daphnek.bsky.socialOct 1, 2026, 5:51 PM

And thank you!

@daphnek.bsky.socialOct 1, 2026, 5:51 PM

I fully agree with that last part! I probably agree with the first part but don't know enough.

@daphnek.bsky.socialOct 1, 2026, 5:50 PM

Trying hard to stop now, please know this was from a VERY quick skim!

@daphnek.bsky.socialOct 1, 2026, 5:50 PM

Long-form video is also carved out of both settlements, but they define it differently. For Meta, it is 22 minutes. For TikTok, it is 10. That sound you hear is heads exploding over at YouTube.

@daphnek.bsky.socialOct 1, 2026, 5:48 PM

I tried searching to figure out if messaging is treated differently here. It is largely carved out of Meta's settlement. But a company with less messaging usage might have reason to promise to restrict messaging and then make competitors do the same. (This is IMO a classic Microsoft move, BTW.)

@daphnek.bsky.socialOct 1, 2026, 5:46 PM

Query, how does TikTok ownership change etc. fit in here? Who knows.

@daphnek.bsky.socialOct 1, 2026, 5:36 PM

The "released claims" for Meta are the ones alleged in the MDL, which I assume are all about children but maybe should check. The "released claims" for TikTok basically anything they ever did in running the product. Way to go, Alabama.

@daphnek.bsky.socialOct 1, 2026, 5:32 PM

OH MY GOD this flips the script and pays AGs extra to go out and enlist *other AGs* in TikTok's agreement!!

@daphnek.bsky.socialOct 1, 2026, 5:31 PM

Same 2 hour limit as Meta, same reduction to 1 hour if competitors all agree to the same.

@daphnek.bsky.socialOct 1, 2026, 5:27 PM

Like Meta, it invokes the MPA movie ratings as a guide. Like Meta, it has a long detailed definition of prohibited cosmetic filters. There is stuff I think is new about account discoverability and notifying teens themselves about inbound messages from suspicious accounts.

@daphnek.bsky.socialOct 1, 2026, 5:22 PM

I would know if the frigging Alabama AG's office would post a PDF that is text searchable. That should be illegal for govt documents. OCR-ing now.

@daphnek.bsky.socialOct 1, 2026, 5:21 PM

Here's the list of product gives. It is very close but doesn't look quite identical to Meta's. TikTok is presumably playing to its strengths and listing things *it* already has built or nearly built. Personalized ranking is opt-OUT for Meta but opt-IN here. What even *is* non=personalized TikTok?

@daphnek.bsky.socialOct 1, 2026, 5:10 PM

It has an extremely similar definition of the content that it will restrict. Like Meta, it tries to avoid Murthy/Vullo problems by claiming that this is just gonna be TikTok enforcing its own voluntary policies (under threat of AG enforcement). The one with highlighting is Meta's.

@daphnek.bsky.socialOct 1, 2026, 5:06 PM

Wow. Alabama's new settlement with TikTok has *so* much in common with the Meta settlement. It also tries to extend the rules to other companies, and it's the same list: Meta, TikTok, Snap, YouTube and NEW competitors who come along and get big in the future.

www.alabamaag.gov/wp-content/u...

@daphnek.bsky.socialOct 1, 2026, 1:57 PM

A Morally Binding Accord to Wrap the Fucking Cheese Back Up

@daphnek.bsky.socialOct 1, 2026, 1:56 PM

I suppose there’s also motivation to spent more when the Commission launches a new existential legislative threat to your business each year? (I’m ex-Google, left 2014, so my perspective may be skewed! But we definitely felt constantly on the defense even then, GDPR times.)

@daphnek.bsky.socialOct 1, 2026, 4:12 AM

Well argued!

@daphnek.bsky.socialOct 1, 2026, 12:16 AM

X v CCDH oral arguments in Ninth Circuit today focused on CFAA, contracts, and jurisdiction over the Dutch civil society nonprofit (ECF). It did not go well for X, I’d say. X claims that by using scraped data from X to report on hate speech, CCDH became responsible for lost ad revenue.

@daphnek.bsky.socialSep 30, 2026, 6:14 AM

I can’t say what he meant. But I think no one has a big enough brain to describe every up and downside of every big platform choice. So you get some people whose emails or slide decks are just down, down, down. (Because literally that’s their job, and it’s valuable, but not the big picture.)

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