David Kaye Profile picture
Sep 12, 2018 9 tweets 5 min read Read on X
three major developments over the past day demonstrate how #Europe seeks to shape the global #Internet. if you only focus on US reg, dominated by politics & not law, you’re missing a major part of the action.
first: yesterday the European Ct of Justice held hearings on #France’s push to globalize the right to be forgotten politico.eu/article/google…
read @daphnehk on the implications: nytimes.com/2018/09/10/opi…
2d: today the #EuropeanParliament rejected amendments to #CopyrightDirective proposal that would have carefully addressed interests of creators & their audiences. do not be shocked when #uploadfilters become the norm. not over yet acc to @Senficon
3rd: today, as part of @JunckerEU state of Union speech, the @EU_Commission released proposed new #Terrorism regulation.
still need to review carefully, but big questions around (among other things) definition of ‘terrorist content’ & the authority of non-judicial ‘competent authorities’ to order content takedowns.
might think that these regulatory moves further idea of democratic control of the public space managed by private companies. I’d say think again. in aggregate, these moves may lock in, not undermine, the role & power of the giant social media & search companies.
that’s been the trend for years: get companies to take on roles normally assumed, in democratic societies, by rule-of-law institutions like courts. me, last year: foreignaffairs.com/articles/europ…
regulation is definitely coming. it should be smart & focused on getting companies to disclose more abt their rules & implementation. moving into content reg shd raise concerns for everyone.

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More from @davidakaye

Sep 7, 2018
a wonky thread about what it should mean for social media companies to be transparent. my last report to the @UNHumanRights Council discusses: freedex.org/a-human-rights… #transparency can be so vague as to be meaningless, so some [long] thoughts follow
let me just emphasize that i drew these principles from human rights law (& work of some great thinkers), not out of thin air. sure, that law applies to states, but companies also have responsibility not to interfere w/users' rights.
one aspect of transparency is clarity in the rules (community stds, guidelines, etc). they are broad and general, tho companies are trying to do better, it's true.
Read 14 tweets
Aug 9, 2018
lots of sharp observations/reporting in this @karaswisher piece, but i have a few quick reactions —> Rules Won’t Save Twitter. Values Will. nyti.ms/2OSnmpT?smid=n…
twitter isn’t the govt, she says, just a private company that can apply whatever rules it wants. it should just apply some values to clean it up.
where do those values come from? how does it build up “a code that requires making hard choices”? whose values shd be reflected? she doesn’t say.
Read 11 tweets
Jun 19, 2018
let me tell you about this 'cesspool of political bias' amidst the U.S. new international #snowflake policy of withdrawal from the Human Rights Council
are some of its members egregious human rights abusers? of course. it's comprised of member states of the UN, and it could do much better. until today it included the US, which separates children from parents at the border in violation of international law.
and yes, the Council condemns #Israel's behavior repeatedly, with multiple resolutions, upsetting many who may perceive this as disproportionate attention ohchr.org/EN/HRBodies/HR…
Read 16 tweets

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