U.S. International Trade Commission Testimony

12 Pages Posted: 21 Aug 2021

See all articles by Daphne Keller

Daphne Keller

Stanford Cyber Policy Center, Freeman Spogli Institute

Date Written: July 12, 2021

Abstract

This testimony responds to a Congressional inquiry on the subject of "foreign censorship." It focuses on laws regulating Internet platforms, and because of the ITC's trade focus also prioritizes issues with potential economic impact.

The initial filing June 24, 2021 filing addresses
(1) competing concepts of "censorship" in platform regulation,
(2) the role of informal government pressure or "jawboning" on platforms' global speech rules,
(3) recent developments in non-U.S. governments' formal claims of extraterritorial jurisdiction to regulate speech,
(4) emerging jurisdictional "hardball" practices, including "hostage" provisions in national laws regulating platforms, and
(5) potential economic and competitive impact of recent and pending platform law developments.

The post-hearing submission, addressing questions raised in the July 1, 2021 hearing, addresses
(1) developments in India,
(2) state action in intermediary liability laws,
(3) studies attempting to quantify or otherwise empirically assess the economic impact of intermediary liability laws,
(4) threats to end-to-end-encryption with both economic and speech-related consequences, with a list of experts and sources on the topic.

Keywords: platforms, intermediary liability, speech, expression, trade, economic, internet

Suggested Citation

Keller, Daphne, U.S. International Trade Commission Testimony (July 12, 2021). Available at SSRN: https://ssrn.com/abstract=3908060 or http://dx.doi.org/10.2139/ssrn.3908060

Daphne Keller (Contact Author)

Stanford Cyber Policy Center, Freeman Spogli Institute ( email )

Encina Hall, 616 Jane Stanford Way
Stanford, CA CA 94305
United States
6507234581 (Phone)

HOME PAGE: http://cyberlaw.stanford.edu/about/people/daphne-keller

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