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The Breakdown: Daphne Keller Explains the Communications Decency Act

The key thing that Congress realized…was that if you want plat­forms to mod­er­ate, you need to give them both of those immu­ni­ties. You can’t just say, You’re free to mod­er­ate, go do it,” you have to also say, And, if you under­take to mod­er­ate but you miss some­thing and there’s you know, defama­tion still on the plat­form or what­ev­er, the fact that you tried to mod­er­ate won’t be held against you.”

The Fate of Civil Liberties in National Crises

The sys­tem I would want is I would want an assur­ance that if some extra­or­di­nary mea­sure has to be put in place tem­porar­i­ly to deal with a tem­po­rary cri­sis, that the word tem­po­rary” will in fact con­tin­ue to apply. And I will add that this is a moment when I real­ly wish we had a func­tion­ing Congress.