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.
Submission to the European Commission.
Includes Supplemental response to “Should action taken by hosting service providers remain effective over time ("take down and stay down" principle)?”
International Data Flows: Promoting Digital Trade in the 21st Century: Before the Subcommittee on Courts, Intellectual Property, and the Internet, 114 Cong 133 (2015) (Letter from Daphne Keller, Director of Intermediary Liability, Center for Internet and Society, Stanford Law School)
Americans have long been ignoring European data protection law, but it has not been ignoring us. Last year’s so-called “right to be forgotten” case from the EU’s highest court let people remove links about themselves from Google’s search results — and regulators insist that the links must disappear from U.S. search results, too.
""The bottom line of the case is that its legal merits barely matter, because the point is political theater," Daphne Keller, the director of intermediary liability at the Stanford Center for Internet and Society, told The Hill.
"As theater, I suspect it will be quite successful.""
"Ultimately, the use case for purely AI-driven content moderation is fairly narrow, says Daphne Keller, the director of intermediary liability at the Stanford Center for Internet and Society, because nuanced decisions are too complex to outsource to machines.
“If context does not matter at all, you can give it to a machine,” she told me. “But, if context does matter, which is the case for most things that are about newsworthy events, nobody has a piece of software that can replace humans.”"
"“I think they are really struggling and that’s not surprising, because it’s a very hard problem,” said Daphne Keller, who used to be on Google’s legal team and is now with Stanford University.
"According to Daphne Keller, a director at the Center for Internet and Society at Stanford’s school of law, outing those anonymous defendants might be the only way Miltenberg can get the case heard. It’s likely that Google – which was not named in the suit – and Donegan as the document’s creator will be immunized by federal statute and could get the case dismissed, Keller said.
"It will set governments’ expectations about how they can use their leverage over internet platforms to effectively enforce their own laws globally,” said Daphne Keller, who studies platforms’ legal responsibilities at the Stanford Center for Internet and Society and previously was Google’s associate general counsel."
Over 800 attendees registered at the State of the Net Conference (SOTN) in 2015. The conference provides unparalleled opportunities to network and engage on key Internet policy issues. SOTN is the largest Internet policy conference in the U.S. and the only one with over 50 percent Congressional staff and government policymakers in attendance.
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
"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.