Content Moderation - In Practice

Kevin Frazier

Guiding Questions

How do technical limitations of automated content moderation systems interact with legal requirements and policy goals? What implications does this have for regulation?
How are different jurisdictions (particularly the US and EU) approaching content moderation regulation, and what are the global implications of these varying approaches?
How should platforms balance competing interests when moderating potentially harmful content - particularly when dealing with content that may be both harmful and newsworthy, or when automated systems face accuracy challenges?

Guest

Jane Bambauer

Required

Facts

Tomas Apodaca and Natasha Uzcátegui-Liggett, How Automated Content Moderation Works (Even When It Doesn’t), The Markup (Mar. 1, 2024).
Katie McQue, AI is overpowering efforts to catch child predators, experts warn, The Guardian, (Jul. 18, 2024).
Ingrid Lunden, Meta Drops Fact-Checking, Loosens Its Content Moderation Rules, TECHCRUNCH (Jan. 7, 2025).

Law

[sections I, III, VI] Ioanna Tourkochoriti, The Digital Services Act and the EU as the Global Regulator of the Internet, Chicago Journal of International Law (Jul. 10, 2023).
Tim Bernard, Oversight Board Trust Launches EU Out-of-Court Dispute Settlement Service, Tech Policy Press (Oct. 10, 2024)
[skim] Protecting Americans from Foreign Adversary Controlled Applications Act, H.R. 7521, 118th Cong. (2024).

Application

[skim. 24-33, read 33-38, skim 38-55] TikTok Inc. & ByteDance Ltd. v. Garland, Nos. 24-1113, 24-1130 & 24-1183 (D.C. Cir. Dec. 6, 2024) (slip op.).
Bill Echikson, Europe Struggles to Enforce New Free Speech Rules, Center for European Policy Analysis (Aug. 28, 2024).

Optional

Julien Berman and Alan Z. Rozenshtein, The TikTok Case Will Be Determined by What’s Behind the Government’s Black Lines, LAWFARE (Aug. 13, 2024).

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