Daphne Keller is the Director of Intermediary Liability at the Stanford Center for Internet and Society. She was previously Associate General Counsel for Intermediary Liability and Free Speech issues at Google. In that role she focused primarily on legal and policy issues outside the U.S., including the E.U.’s evolving “Right to Be Forgotten.” Her earlier roles at Google included leading the core legal teams for Web Search, Copyright, and Open Source Software. Daphne has taught Internet law as a Lecturer at U.C. Berkeley’s School of Law, and has also taught courses at Berkeley’s School of Information and at Duke Law School. She has done extensive public speaking in her field, including testifying before the UK’s Leveson Inquiry. Daphne practiced in the Litigation group at Munger, Tolles & Olson. She is a graduate of Yale Law School and Brown University, and mother to some awesome kids in San Francisco.
High Res Photo of Daphne Keller
Most people I talk to think that Facebook, Twitter, and other social media companies should take down ugly-but-legal user speech. Platforms are generally applauded for taking down racist posts from the White Nationalist demonstrators in Charlottesville, for example. I see plenty of disagreement about exactly what user-generated content should come down -- breastfeeding images? Passages from Lolita? Passages from Mein Kampf? But few really oppose the basic predicate of these removals: that private companies can and should be arbiters of permissible speech on their platforms.*
Alarm bells are sounding around the Internet about proposed changes to one of the US’s core Intermediary Liability laws, Communications Decency Act Section 230 (CDA 230). CDA 230 broadly immunizes Internet platforms against legal claims based on speech posted by their users. It has been credited as a key protection for both online expression and Internet innovation in the US. CDA 230 immunities have limits, though. Platforms are not protected from intellectual property claims (mostly handled under the DMCA) or federal criminal claims.
In its Equustek ruling in June, the Canadian Supreme Court held that Google must delete search results for users everywhere in the world, based on Canadian law. Google has now filed suit in the US, asking the court to confirm that the order can’t be enforced here. Here’s my take on that claim.
The Canadian Supreme Court this morning issued its long-awaited ruling in Equustek. The court upheld an order compelling Google to remove search results for specified websites, not just in Canada, but everywhere in the world.
Prime Minister Theresa May’s political fortunes may be waning in Britain, but her push to make internet companies police their users’ speech is alive and well. In the aftermath of the recent London attacks, Ms. May called platforms like Google and Facebook breeding grounds for terrorism.
These comments were prepared and submitted in response to the U.S. Copyright Office's November 8, 2016 Notice of Inquiry requesting additional public comment on the impact and effectiveness of the DMCA safe harbor provisions in Section 512 of Title 17
Forthcoming in the Berkeley Technology Law Journal
""Legally, they don't have any responsibility around this, unless it's a federal crime [such as child pornography] or intellectual property," Daphne Keller, the director of intermediary liability at the Stanford Center for Internet and Society, told CNN Tech."
"But Canada’s Supreme Court has flipped this script with its globally-binding ruling. Daphne Keller, a director of Stanford University’s Center for Internet and Society, called it “much more far reaching than most” in an email.
"“It’s so easy to point to the need for internet companies to do more that that becomes a real rallying cry,” says Daphne Keller, the director of Intermediary Liability at Stanford Law School’s Center for Internet and Society, and a former associate general counsel to Google. “In European lawmaking, they don’t have very good tech advice on what’s really possible.
"According to Daphne Keller, a lawyer at the Center for Internet and Society at Stanford University, the Austrian ruling may be "dangerous and short-sighted" because it could embolden other countries to impose local laws everywhere on Facebook.
"Daphne Keller, who studies these things over at Stanford Law School's Center for Internet and Society has both a larger paper and a shorter blog post discussing this, specifically in the context of serious concerns about how the Right To Be Forgotten (RTBF) under the GDPR will be implemented, and how it may stifle freedom of expression across Europe.
Over two years have passed since the Court of Justice of the European Union ruled, in the Google Spain case, that the search engine must “de-list” certain search results on request in order to honor the requesters’ data protection rights.
For many years since the European Data Protection Directive was implemented across Europe in 1998, data privacy was seen as an issue that mainly concerned what companies did with personal data behind the scenes.
Stanford CIS brings together scholars, academics, legislators, students, programmers, security researchers, and scientists to study the interaction of new technologies and the law and to examine how the synergy between the two can either promote or harm public goods like free speech, innovation, privacy, public commons, diversity, and scientific inquiry. Come hear CIS Directors Jennifer Granick + Daphne Keller and Resident Fellows Riana Pfefferkorn + Luiz Fernando Marrey Moncau talk about our work, and the assistance CIS provides to students in learning about these issues, selecting courses, identifying job opportunities, and making professional connections.
""Half the time it's, 'Oh no, Facebook didn't take something down, and we think that's terrible; they should have taken it down,' " says Daphne Keller, a law professor at Stanford University. "And the other half of the time is, 'Oh no! Facebook took something down and we wish they hadn't.' "
Full episode of "Bloomberg West." Guests include Daphne Keller, director of intermediary liability at the Center for Internet and Society at Stanford Law School, David Kirkpatrick, Techonomy's chief executive officer, Radu Rusu, chief executive officer and co-founder of Fyusion, Crawford Del Prete, IDC's chief research officer, and Daniel Apai, assistant professor at The University of Arizona.
Privacy and free speech aren't fundamentally opposed, but they do have a tendency to come into conflict — and recent developments in Europe surrounding the right to be forgotten have brought this conflict into focus. This week, we're joined by Daphne Keller of Stanford's Center For Internet And Society to discuss the collision between these two important principles.