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Daphne Keller

Daphne Keller

Dec 24, 2025

6:56
And can we take another maybe half step back and maybe I would love it if you would share your view of how the concept of platform liability operated within the EU prior to this Rust Media case.
7:09
Yeah, so the way I see it, there were kind of these two parallel tracks that weren't acknowledging each other.
7:16
The main one, the famous one, is what is now the Digital Services Act in the EU.
7:23
The Digital Services Act is this sort of once-in-a-generation overhaul of the laws for what platforms have to do with online speech, when they have to take down illegal stuff, how they moderate content, etc., And that builds on laws that Europe has had, the EU has had going back to 25 years now, which, as I said, is basically like once the platform knows about something illegal, then they have to take it down.
7:47
But the law has also spelled out that whole time that they can't be compelled to do so-called general monitoring, which is going out and proactively reviewing everybody's speech in pursuit of finding illegal stuff.
8:02
What the DSA did there is they just added a whole bunch of choreography.
8:06
Well, not just, but a big thing they did there was add a lot of choreography around notice and takedown to make sure that users get noticed when their content gets taken down, that they have an opportunity to appeal.

22 MINS LATER

30:12
What are your options right now in terms of trying to comply with what the EU Court of Justice has just sort of thrown down?

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