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.
These comments address the issue of transparency under the GDPR, as that topic arises in the context of Internet intermediaries and the “Right to Be Forgotten.” CIS Intermediary Liability Director Daphne Keller filed them in response to a public call for comments from the Article 29 Working Party – the EU-wide umbrella group of data protection regulators established under the 1995 Directive, soon to be succeeded by the European Data Protection Board established under the GDPR.
This Stanford Center for Internet and Society White Paper uses proposed US legislation, SESTA, as a starting point for an overview of Intermediary Liability models -- and their consequences. It draws on law and experience from both the US and countries that have adopted different models, and recommends specific improvements for SESTA and similar proposed legislation.
Most observers cheered when the neo-Nazi Daily Stormer was booted from YouTube, CloudFlare, and other platforms around the Internet. At the same time, the site’s disappearance stirred anxiety about Internet companies’ power over online speech. It starkly illustrated how online speech can live or die at the discretion of private companies. The modern public square is in private hands.
"“Users are calling on online platforms to provide a moral code,” says Daphne Keller, director of the intermediary liability project at Stanford’s Center for Internet and Society. “But we’ll never agree on what should come down. Whatever the rules, they’ll fail.” Humans and technical filters alike, according to Keller, will continue to make “grievous errors.”"
"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.
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.