
How Section 230 Shapes Content Moderation, With Daphne Keller
03/10/21 • 28 min
Daphne Keller, platform regulation expert at Stanford University and former Associate General Counsel for Google, joins Ellysse and Ashley to explain Section 230’s role in shaping how large companies approach content moderation on a massive scale, and how intermediary liability protections allow platforms of all sizes to thrive.
Mentioned
- Jennifer M. Urban, Joe Karaganis, and Brianna L. Shofield, Notice and Takedown in Everyday Practice(Berkeley Law, 2016).
- Maarten Sap et al., “The Risk of Racial Bias in Hate Speech Detection,” Proceedings of the 57th Annual Meeting of the Association for Computational Linguistics (2019): 1668-78.
- Thomas Davidson, Debasmita Bhattacharya, and Ingmar Weber, “Racial Bias in Hate Speech and Abusive Language Detection Datasets,” Proceedings of the Third Workshop on Abusive Language Online (2019): 25-35.
- “H.R.1865 - Allow States and Victims to Fight Online Sex Trafficking Act of 2017,” Congress.gov.
- Woodhull Freedom Foundation v. United States, No. 18-5298 (D.C. Cir. 2020).
- Daphne Keller, “SESTA and the Teachings of Intermediary Liability” (The Center for Internet and Society, November 2017).
- Daphne Keller, “For platform regulation Congress should use a European cheat sheet,” The Hill, January 15, 2021.
- Renee Diresta, “Free Speech Is Not the Same As Free Reach,” Wired, August 30, 2018.
Daphne Keller, platform regulation expert at Stanford University and former Associate General Counsel for Google, joins Ellysse and Ashley to explain Section 230’s role in shaping how large companies approach content moderation on a massive scale, and how intermediary liability protections allow platforms of all sizes to thrive.
Mentioned
- Jennifer M. Urban, Joe Karaganis, and Brianna L. Shofield, Notice and Takedown in Everyday Practice(Berkeley Law, 2016).
- Maarten Sap et al., “The Risk of Racial Bias in Hate Speech Detection,” Proceedings of the 57th Annual Meeting of the Association for Computational Linguistics (2019): 1668-78.
- Thomas Davidson, Debasmita Bhattacharya, and Ingmar Weber, “Racial Bias in Hate Speech and Abusive Language Detection Datasets,” Proceedings of the Third Workshop on Abusive Language Online (2019): 25-35.
- “H.R.1865 - Allow States and Victims to Fight Online Sex Trafficking Act of 2017,” Congress.gov.
- Woodhull Freedom Foundation v. United States, No. 18-5298 (D.C. Cir. 2020).
- Daphne Keller, “SESTA and the Teachings of Intermediary Liability” (The Center for Internet and Society, November 2017).
- Daphne Keller, “For platform regulation Congress should use a European cheat sheet,” The Hill, January 15, 2021.
- Renee Diresta, “Free Speech Is Not the Same As Free Reach,” Wired, August 30, 2018.
Previous Episode

Evaluating Proposals to Amend Section 230, With Aaron Mackey
Aaron Mackey, staff attorney and free speech expert at the Electronic Frontier Foundation, joins Ellysse and Ashley to evaluate recent proposals to amend or repeal Section 230 based on their potential impact and effectiveness.
Mentioned
- “S.3398 - EARN IT Act of 2020,” Congress.gov.
- “S.4534 - Online Freedom and Viewpoint Diversity Act,” Congress.gov.
- “S.4632 - Online Content Policy Modernization Act,” Congress.gov.
- “S.4066 - PACT Act,” Congress.gov.
Related
- Ashley Johnson and Daniel Castro, “Proposals to Reform Section 230” (ITIF, February 2021).
- Sophia Cope, Aaron Mackey, and Andrew Crocker, “The EARN IT Act Violates the Constitution,” EFF, March 31, 2020.
- Aaron Mackey, “The PACT Act’s Attempt to Help Internet Users Hold Platforms Accountable Will End Up Hurting Online Speakers,” EFF, July 21, 2020.
- Sophia Cope and Aaron Mackey, “The PACT Act Is Not The Solution To The Problem Of Harmful Online Content,” EFF, July 30, 2020.
Next Episode

How Section 230 Promotes Competition, With Jessica Ashooh
Jessica Ashooh, Director of Policy at Reddit, joins Ellysse and Ashley to explore the impact of Section 230 on small to mid-sized companies and explain its importance for innovation and competition in the Internet economy.
Mentioned
Related
- Emily Birnbaum, “Reddit worries it’s going to be crushed in the fight against Big Tech,” Protocol, October 28, 2020.
Ellysse and Ashley Break the Internet - How Section 230 Shapes Content Moderation, With Daphne Keller
Transcript
Daphne Keller: There’s a perception now that the Internet somehow has reached its mature state and we don’t need that anymore, which is true if you want to accept a future Internet that mostly consists of giant incumbents. But if you want to nurture smaller market entrants who might eventually rise to challenge those incumbents, they absolutely need those protections.
Ellysse Dick: Welcome to Ellysse and Ashley Break the Internet, a series where we�
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