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
Most people I talk to think that Facebook, Twitter, and other social media companies should take down ugly-but-legal user speech. Platforms are generally applauded for taking down racist posts from the White Nationalist demonstrators in Charlottesville, for example. I see plenty of disagreement about exactly what user-generated content should come down -- breastfeeding images? Passages from Lolita? Passages from Mein Kampf? But few really oppose the basic predicate of these removals: that private companies can and should be arbiters of permissible speech on their platforms.*
Alarm bells are sounding around the Internet about proposed changes to one of the US’s core Intermediary Liability laws, Communications Decency Act Section 230 (CDA 230). CDA 230 broadly immunizes Internet platforms against legal claims based on speech posted by their users. It has been credited as a key protection for both online expression and Internet innovation in the US. CDA 230 immunities have limits, though. Platforms are not protected from intellectual property claims (mostly handled under the DMCA) or federal criminal claims.
In its Equustek ruling in June, the Canadian Supreme Court held that Google must delete search results for users everywhere in the world, based on Canadian law. Google has now filed suit in the US, asking the court to confirm that the order can’t be enforced here. Here’s my take on that claim.
The Canadian Supreme Court this morning issued its long-awaited ruling in Equustek. The court upheld an order compelling Google to remove search results for specified websites, not just in Canada, but everywhere in the world.
[Stanford's Daphne Keller is a preeminent cyberlawyer and one of the world's leading experts on "intermediary liability" -- that is, when an online service should be held responsible for the actions of this user. She brings us a delightful tale of Facebook's inability to moderate content at scale, which is as much of a tale of the impossibility (and foolishness) of trying to support 2.3 billion users (who will generate 2,300 one-in-a-million edge-cases every day) as it is about a specific failure.
This past week, with some fanfare, Facebook announced its own version of the Supreme Court: a 40-member board that will make final decisions about user posts that Facebook has taken down. The announcement came after extended deliberations that have been described as Facebook’s “constitutional convention.”
The Program on Extremism Policy Paper series combines analysis on extremism-related issues by our researchers and guest contributors with tailored recommendations for policymakers.
Full paper available for download here.
"Daphne Keller, a former Google lawyer now at Stanford’s Center for Internet and Society, agreed that the “knowingly” language is problematic. “It creates this incentive to bury your head in the sand and not try to find bad content,” she said."
"In a recent paper, Daphne Keller, director of Intermediary Liability at the Stanford Center for Internet and Society, points out that whether and how content hosts—such as social media companies—must honor RTBF requests under the GDPR is unclear.
"Policy experts also question how the bill would actually work. Daphne Keller of the Stanford Center for Internet and Society pointed to the challenges of determining whether an ad buyer is a foreign entity, particularly if buyers rely on outside vendors to purchase ads.
“Nobody knows how to figure out who counts as Russian,” she said. “It seems extremely easy to hide your identity.”"
"Daphne Keller of the Stanford Center for Internet and Society says that the new law could push some platforms and publishers to crack down on a wide variety of speech, to avoid the threat of lawsuits. It would give them “a reason to err on the side of removing internet users’ speech in response to any controversy,” she says, “and in response to false or mistaken allegations, which are often levied against online speech.”"
"“When platforms don’t know what to do, the legally over-cautious response is to go way overboard on taking things down just in case they’re illegal,” Daphne Keller, Director of Intermediary Liability at Stanford University’s Center for Internet and Society, told BuzzFeed News. “My worst case scenario legislation would be some vague obligation for platforms to make sure that users don’t do bad things.”"
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.
Twenty years ago, the US Supreme Court’s decision in Reno v. ACLU established the framework for internet free speech and liability that remains in place today. This conference will consider the continuing viability of the Reno vision in the face of multiplying concerns about sex trafficking online, terrorist content, election interference, and other forms of contested content.
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.
"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.
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.