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.
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.
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.
""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.
"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.
The Center for Internet and Society (CIS) is a public interest technology law and policy program at Stanford Law School and a part of Law, Science and Technology Program at Stanford Law School. 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.
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.
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.