Daphne Keller studies the ways that Internet content platforms – and the laws governing them -- shape information access and other rights of ordinary Internet users. As the Director of Intermediary Liability at the Stanford Center for Internet and Society, she has written and spoken widely about the Right to Be Forgotten, copyright notice-and-takedown systems, cross-border content removal orders, platforms’ own discretionary content-removal decisions, and more. She has testified on these topics before legislatures, courts, and regulatory bodies around the world. In her previous role as Associate General Counsel at Google, Daphne worked on cases including Viacom, Perfect 10, Equustek, Mosley, and Metropolitan Schools; and was the primary counsel for products ranging from Web Search to the Chrome browser. Daphne has taught Internet law at Stanford, Berkeley, and Duke law schools. 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
Two important current trends in Internet law go together in ways that aren’t getting enough attention. They should, though, because the overlap is well on its way to messing up the Internet further.
Are Internet platforms distorting our political discourse by silencing conservatives? If they were, could Congress pass a law forcing them to play fair?
Public demands for internet platforms to intervene more aggressively in online content are steadily mounting. Calls for companies like YouTube and Facebook to fight problems ranging from “fake news” to virulent misogyny to online radicalization seem to make daily headlines. British prime minister Theresa May echoed the politically prevailing sentiment in Europe when she urged platforms to “go further and faster” in removing prohibited content, including through use of automated filters.
Europe's new General Data Protection Regulation (GDPR) goes into force today, after two years of preparation. Meanwhile, in the US, a remarkable number of people are suggesting we should adopt something like the GDPR. What does that actually mean, and what policy trade-offs does it entail?
Canada's Office of the Privacy Commissioner has concluded that an existing law, the Personal Information Protection and Electronic Documents Act (PIPEDA), gives individuals legal power to make individual websites take down information. This goes well beyond the rights recognized by the European Court of Justice in its “right to be forgotten” case, and raises the following important questions
On Tuesday, in a courtroom in Luxembourg, the Court of Justice of the European Union is to consider whether Google must enforce the “right to be forgotten” — which requires search engines to erase search results based on European law — everywhere in the world.
Policymakers increasingly ask Internet platforms like Facebook to “take responsibility” for material posted by their users. Mark Zuckerberg and other tech leaders seem willing to do so. That is in part a good development. Platforms are uniquely positioned to reduce harmful content online. But deputizing them to police users’ speech in the modern public square can also have serious unintended consequences. This piece reviews existing laws and current pressures to expand intermediaries’ liability for user-generated content.
If you paid attention to Mark Zuckerberg’s testimony before Congress last month, you might have gotten the impression that the internet consists entirely of titanic, California-based companies like Twitter, Facebook and Google. Congress is right to call these companies to account for outsize harms like disclosing personal data about many millions of users. But it is very wrong to act as though these companies are representative of the whole internet.
"Any effort to regulate social media companies and search engines would run up against a bevy of constitutional free speech questions. Legally, Trump doesn’t have any authority to change how Google displays search results, said Daphne Keller, director of intermediary liability at the Stanford Center for Internet and Society.
“By dictating what a private company does with search results, it legally would be like dictating what The Chronicle does with news reporting,” Keller said. “It would be a First Amendment violation.”"
"“There should be a whole gradation of how this [software] should work,” Daphne Keller, the director of the Stanford Center for Internet and Society (and mother of two), told Quartz. “We should be able to choose something in between, that is a good balance [between safety and surveillance], rather than forcing kids to divulge all their data without any control.”"
"Daphne Keller, of the Stanford Center for Internet and Society, said Section 230 was designed to allow platforms like Facebook to do some moderation and make editorial decisions without generally being liable for users’ posts: “They need to be able to make discretionary choices about content.”
The law seemed to be on Facebook’s side, she said, but added that it was an unusual case given the focus on app data access while previous cases have centered on more straightforward censorship claims."
"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.
Internet platforms like Facebook and Twitter play an ever-increasing role in our lives, and mediate our personal and public communications. What laws govern their choices about our speech? Come discuss the law of platforms and online free expression with CIS Intermediary Liability Director Daphne Keller.
Cybersecurity is increasingly a major concern of modern life, coloring everything from the way we vote to the way we drive to the way our health care records are stored. Yet online security is beset by threats from nation-states and terrorists and organized crime, and our favorite social media sites are drowning in conspiracy theories and disinformation. How do we reset the internet and reestablish control over our own information and digital society?
"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.