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?
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
Should Canada adopt its own version of the “right to be forgotten”? The Office of the Privacy Commissioner of Canada (OPC) recently concluded, in a Draft Position Paper, that such a right actually exists already. According to the OPC, Canada’s Personal Information Protection and Electronic Documents Act (PIPEDA) gives individuals legal power to make search engines like Google de-list search results about them, and to make individual websites take down information. In a Comment filed last week, I argued that this interpretation of PIPEDA will create far more problems than it solves.
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.
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.
"That doesn’t mean these companies aren’t feeling the pressure from advertisers and users who fear that pages belonging to alt-right publications like the Daily Stormer could incite violence, said Daphne Keller, Director of Intermediary Liability at Stanford Law School’s Center for Internet and Society.
""The number of net intermediaries acting as gatekeepers has increased," since GoDaddy booted Daily Stormer, said Daphne Keller, who studies platforms' legal responsibilities at the Stanford Center for Internet and Society. "Suddenly the domain registrars are sitting in judgment on content and speech," joining the usual players around free speech such as Google, Facebook and Twitter."
""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.
RSVP is required for this free event.
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.
When you give sites and services information about yourself, where does it go? Who else will get hold of it, and what will they use it for? The recent revelations about Cambridge Analytica's acquisition of data about tens of millions of Facebook users without their knowledge or consent have prompted renewed interest in how data about us gets shared, sold, used, and misused -- well beyond what we ever expected. Join us for a SLATA/CIS lunchtime conversation with three experts from Stanford’s Center for Internet and Society as we discuss the legal and policy implications of the Cambridge Analytica scandal and responses from Congress and courts. How can we prevent this from happening again? What new problems might we create through poorly-crafted legal responses?
Vinton G. Cerf is one of the founding fathers of the internet, and on Wednesday, February 28th, he will be on Canada 2020’s stage for an exclusive event.
Tickets are free and open to the public, but available in limited quantities. Click below to secure yours.
Known most for being the co-designer of the TCP/IP protocols and the architecture of the modern Internet, Vint will join us in Ottawa to talk about online citizenship, the right to be forgotten, and state of the modern internet.
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.