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
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.
The EU’s proposed Terrorist Content Regulation gives national authorities sweeping new powers over comments, videos, and other content that people share using Internet platforms. Among other things, authorities – who may be police, not courts – can require platforms of all sizes to take content down within one hour. The Regulation also requires even small platforms to build upload filters and attempt to proactively weed out prohibited material.
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.
"“It’s really important to understand how much Europe is in the driver’s seat,” says Daphne Keller, director of Intermediary Liability at the Center for Internet and Society, as well as former associate general counsel at Google. “It kind of doesn’t matter what U.S. law says for a lot of things. Europe is extracting agreements by companies — they're going to enforce those agreements publicly.”"
"“When lawmakers create new rules that have never been tested by courts – like Australia's new law or the rules proposed in the UK's White Paper – and then tell platforms to enforce them, we can only expect that a broad swathe of perfectly legal speech is going to disappear,” said Daphne Keller, director of intermediary liability at the Stanford Centre for Internet and Society.
"The issue highlights the pressure on many internet platforms to attract customers by presenting a critical mass of listings to demonstrate scale, says Daphne Keller, director of intermediary liability at Stanford Law School’s Center for Internet and Society. She added that inactive or false listings don’t produce a good customer experience either. “You don’t want to have a bunch of listings in there that turn out to be dead ends,” Ms. Keller said. A Care.com spokeswoman declined to comment on Ms. Keller’s assessment."
"“Its role in enabling a certain kind of technical innovation is unambiguous,” says Daphne Keller at Stanford Law School’s Center for Internet and Society. “It made it possible for investors to get behind companies who were in the business of transmitting so much speech and information that they couldn't possibly assess it all and figure what was legal or illegal.”
Lunch: 1:00 pm
Program: 1:30 pm - 3:00 pm
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.