Daphne Keller is the Director of Intermediary Liability at Stanford's Center for Internet and Society. Her work focuses on platform regulation and Internet users' rights. She has published both academically and in popular press; testified and participated in legislative processes; and taught and lectured extensively. Her recent work focuses on legal protections for users’ free expression rights when state and private power intersect, particularly through platforms’ enforcement of Terms of Service or use of algorithmic ranking and recommendations. Until 2015 Daphne was Associate General Counsel for Google, where she had primary responsibility for the company’s search products. She worked on groundbreaking Intermediary Liability litigation and legislation around the world and counseled both overall product development and individual content takedown decisions.
High Res Photo of Daphne Keller
Filtering Facebook: Introducing Dolphins in the Net, a New Stanford CIS White Paper
Why Internet Users and EU Policymakers Should Worry about the Advocate General’s Opinion in Glawischnig-Piesczek
White Paper: Dolphins in the Net: Internet Content Filters and the Advocate General’s Glawischnig-Piesczek v. Facebook Ireland Opinion
This discussion, excerpted from my Who Do You Sue article, very briefly reviews the implications of what I call “must-carry” arguments – claims that operators of major Internet platforms should be held to the same First Amendment standards as the government, and prevented from using their Terms of Service or Community Guidelines to prohibit lawful speech.
Lawmakers today are increasingly focused on their options for regulating the content we see on online platforms. I described several ambitious regulatory models for doing that in my recent paper, Who Do You Sue? State and Platform Hybrid Power Over Online Speech. This blog post excerpts that discussion, and sketches out potential legal regimes to address major platforms’ function as de facto gatekeepers of online speech and information.
Included in this PDF are:
- Notice of Motion and Motion for Leave to File Amicus Curiae Brief
- Amicus Curiae Brief of Electronic Frontier Foundation, Center for Democracy and Technology, Daphne Keller, Eric Goldman and Eugene Volokh in Support of Plaintiffs' Motion for Preliminary Injunction
In a concession to regulators, Google is . . . using “geo-blocking” technology to control what European users can see. Under the new system, Google will not only remove links on, say, google.fr, but it will block users in France from seeing those links on any other Google country site, or google.com itself. Unless they use tools like virtual private networks to disguise their locations, users in those countries will see pruned search results.
These comments were prepared and submitted in response to the U.S. Copyright Office's December 31, 2015 Notice and Request for Public Comment on the impact and effectiveness of the DMCA safe harbor provisions in Section 512 of Title 17.
"However, a video for example showing Isis recruitment can violate the law in one context, but also be legal and important for purposes such as documenting crimes for future prosecution, says Daphne Keller, intermediary liability director at Stanford's Centre for Internet and Society.
“The more we push companies to carry out fast, sloppy content removals, the more mistakes we will see,” Keller says. She thinks lawmakers should “slow down, talk to experts including both security researchers and members of the affected communities, and build on that foundation”."
"Stanford's Daphne Keller is one of the world's foremost experts on intermediary liability protections and someone we've mentioned on the website many times in the past (and have had her on the podcast a few times as well). She's just published a fantastic paper presenting lessons from making internet platforms liable for the speech of its users. As she makes clear, she is not arguing that platforms should do no moderation at all.
"Indeed, as Europe is pushing for more and more use of platforms to censor, it's important that someone gets them to understand how these plans almost inevitably backfire. Daphne Keller at Stanford recently submitted a comment to the EU about its plan, noting just how badly demands for censorship of "illegal content" can turn around and do serious harm.
Facebook has come under increased scrutiny in recent months, the social media giant’s efforts to protect its users’ data questioned.
Presented by Bloomberg, the Electronic Frontier Foundation and the First Amendment Coalition.
Lunch: 1:00 pm
Program: 1:30 pm - 3:00 pm
"Daphne Keller, a specialist in corporate liability and responsibility at Stanford Law School's Center for Internet and Society, says Facebook could face private lawsuits over privacy."
""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.