Daphne Keller
1
APPEARANCES
1
PODCASTS
012
DEC 30
JAN 6
JAN 13
JAN 20
JAN 27
FEB 3
FEB 10
FEB 17
FEB 24
MAR 3
MAR 10
MAR 17
MAR 24
MAR 31
APR 7
APR 14
APR 21
APR 28
MAY 5
MAY 12
MAY 19
MAY 26
JUN 2
JUN 9
JUN 16
JUN 23
JUN 30
JUL 7
JUL 14
JUL 21
JUL 28
AUG 4
AUG 11
AUG 18
AUG 25
SEP 1
SEP 8
SEP 15
SEP 22
SEP 29
OCT 6
OCT 13
OCT 20
OCT 27
NOV 3
NOV 10
NOV 17
NOV 24
DEC 1
DEC 8
DEC 15
DEC 22
DEC 29
JAN 5
JAN 12
JAN 19
JAN 26
FEB 2
FEB 9
FEB 16
FEB 23
MAR 2
MAR 9
MAR 16
MAR 23
MAR 30
APR 6
APR 13
APR 20
APR 27
MAY 4
MAY 11
MAY 18
MAY 25
JUN 1
JUN 8
JUN 15
JUN 22
JUN 29
JUL 6
JUL 13
JUL 20
JUL 27
AUG 3
AUG 10
AUG 17
AUG 24
AUG 31
SEP 7
SEP 14
SEP 21
SEP 28
OCT 5
OCT 12
OCT 19
Dec 24, 2025
Episode 60: Did the CJEU just break the Internet?
6:56
7:09
7:16
7:23
7:47
8:06
30:12

Alan ChapellHOST
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.

Daphne KellerGUEST
Yeah, so the way I see it, there were kind of these two parallel tracks that weren't acknowledging each other.

Daphne KellerGUEST
The main one, the famous one, is what is now the Digital Services Act in the EU.

Daphne KellerGUEST
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.

Daphne KellerGUEST
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.

Daphne KellerGUEST
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

Alan ChapellHOST
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?