Daphne Keller
daphnek.bsky.social
Daphne Keller
@daphnek.bsky.social
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/
From a company perspective, I hear a whole lot of stories of slightly or fully conflicting or redundant obligations in overlapping laws; or busy-work to no apparent purpose. This is not quantitative, but anecdotally... I have never heard that degree of frustration about any other jurisdiction.
November 15, 2025 at 10:19 PM
It is SO sad.
November 15, 2025 at 9:35 PM
Almost! But the US order just said the Canadian court order was not enforceable here. But no one was trying to enforce it here -- Canada can enforce just fine domestically.

The U.S. order would only matter for their comity analysis if it *prohibited* Google from complying with CA's order.
November 15, 2025 at 9:33 PM
wtf
November 15, 2025 at 9:02 PM
I do think there is a genuine rats nest of regs and cleaning house is way overdue. This just seems… surprisingly blunt? Not surgical? But the laws weren’t very surgical either, so I’m not sure which side to be on.
November 15, 2025 at 4:21 PM
I say “should” bc you never know from the initial coverage or characterization what the facts of the case really are. But whatever they are, this looks pretty ugly.

h/t @gateklons.bsky.social

5/5
November 15, 2025 at 4:13 PM
So, weirdly, if the Texas and Florida must-carry laws had been upheld here, Musk might have had the “hard conflict” needed to create a genuine new legal question in Canada…

But as it is the Take It Down Act, which Trump vocally supported, *should* align US law with Canada on this. 4/
November 15, 2025 at 4:10 PM
In Canada’s S Ct case, Equustek, the Ct saw very little speech interest in the dispute about widget sales.

The rule there was roughly “if another country would force you to leave this up, then maybe we won’t order a global takedown”. But Google couldn’t show ∃ such a “hard conflict” of laws. 3/
November 15, 2025 at 4:06 PM
So this is setting up a high profile dispute in which almost everyone will (I think??) sympathize w the victim.

But also it can fuel the administration’s anti-trans rhetoric, fit in with the “foreign censorship” story that Musk and Trump both love, and exacerbate US-Canada tensions.

2/
November 15, 2025 at 3:58 PM
oooh thx for the heads up. i can’t believe he chose Canada to pick this fight in!
November 15, 2025 at 3:50 PM
good analogy!
November 15, 2025 at 3:48 PM
they might all be too big not to
November 15, 2025 at 3:47 PM
I assume you are right. The evilness of Spotify is just on the long list of things that has not yet been a high enough priority to investigate and think about hard enough to be confident of my conclusions.
November 14, 2025 at 6:41 PM
They used to put a ton of backing into protecting users in those ways. Pockets of that persist, but not at the top.
November 14, 2025 at 6:37 PM
Well, for starters I litigated against government censorship and surveillance demands.
November 14, 2025 at 6:34 PM
no idea...
November 14, 2025 at 6:32 PM
Wait if that's actually the list then they are SMAGA.

I almost want Spotify to be evil so that can be the acronym.
November 14, 2025 at 4:46 PM
This is President Reagan's FCC chair, among others, signing on to extremely strong condemnation. Here's a taste:
November 13, 2025 at 4:56 PM