Sarah B. Rogers

And those prohibitions in the statute, I think, are much vaguer than American lawyers are accustomed to.

And those prohibitions in the statute, I think, are much vaguer than American lawyers are accustomed to.

And one of our jurisprudential principles under the American First Amendment is if you're going to enact any regulation that comes close to touching speech,

And one of our jurisprudential principles under the American First Amendment is if you're going to enact any regulation that comes close to touching speech,

It needs to be very clear what you are prohibiting because you have this chilling effect concept.

It needs to be very clear what you are prohibiting because you have this chilling effect concept.

A vague prohibition will chill speech, especially when that prohibition is imposed on a large risk-averse corporation.

A vague prohibition will chill speech, especially when that prohibition is imposed on a large risk-averse corporation.

So you impose vague prohibitions on large risk-averse corporations, and that's how it becomes illegal to make jokes around the water cooler, for example.

So you impose vague prohibitions on large risk-averse corporations, and that's how it becomes illegal to make jokes around the water cooler, for example.

You see the same effect here.

You see the same effect here.

Digital Services Act also regulates other aspects of digital commerce and social media.

Digital Services Act also regulates other aspects of digital commerce and social media.

So it regulates things like transparency and competition.

So it regulates things like transparency and competition.

And I think...

And I think...

We have a lot of Europeans in the audience today, and I hope none of them will find it contentious if I suggest that in Europe there is more of a focus on technocratic regulation as an arbiter of what's acceptable than there might be in America where we have this tradition that really emphasizes rugged individualism and individual conscience.

We have a lot of Europeans in the audience today, and I hope none of them will find it contentious if I suggest that in Europe there is more of a focus on technocratic regulation as an arbiter of what's acceptable than there might be in America where we have this tradition that really emphasizes rugged individualism and individual conscience.