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 is the second of four posts on real-world consequences of the European Court of Human Rights’ (ECHR) rulings in Delfi v. Estonia and MTE v. Hungary. Both cases arose from national court rulings that effectively required online news portals to monitor users’ speech in comment forums. The first case, Delfi, condoned a monitoring requirement in a case involving threats and hate speech.
Last summer, the Grand Chamber of the European Court of Human Rights (ECHR) delivered a serious setback to free expression on the Internet. The Court held, in Delfi v. Estonia, that a government could compel a news site to monitor its users’ online comments about articles.* This winter, the Court’s lower chamber ruled the other way in MTE v.
The probably-really-almost-totally final 2016 General Data Protection Regulation (GDPR) is here! Lawyers around the world have been hunkered down, analyzing its 200-plus pages. In the “Right to Be Forgotten” (RTBF) provisions, not much has changed from prior drafts.
Europe’s pending General Data Protection Regulation (GDPR) threatens free expression and access to information on the Internet. The threat comes from erasure requirements that work in ways the drafters may not have intended -- and that are not necessary to achieve the Regulation’s data protection purposes.
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.
These comments were prepared and submitted in response to the U.S. Copyright Office's November 8, 2016 Notice of Inquiry requesting additional public comment on the impact and effectiveness of the DMCA safe harbor provisions in Section 512 of Title 17
Forthcoming in the Berkeley Technology Law Journal
"The regulation continues to put a heavy onus on Internet companies, which are threatened with fines if they do not comply immediately with takedown requests. "The law still sets out a notice and takedown process that strongly encourages Internet intermediaries to delete challenged content, even if the challenge is legally groundless," Daphne Keller, director of Intermediary Liability at Stanford Law School's Center for Law and Society, warned last December.
"If Google rejects a request for removal of a link, the requestor can appeal to his or her country’s regulators or the courts, Keller says. “But there’s no role for the publisher, who put the speech up in the first place and is being silenced” to protest, Keller says.
"As we wrote in our last post, Daphne Keller at Stanford's Center for Internet and Society is writing a series of blog posts raising concerns about how the new rules clash with basic concepts of free speech. She's now written one about the immensely troubling setup of the "notice and takedown" rules included in the General Data Protection Regulation (GDPR).
"Earlier this week, we wrote about the EU Court of Justice's decision that the NSA's surveillance of the internet meant that the EU-US data protection safe harbor was invalid. As we noted, there's a lot of mess in all of this, but losing that safe harbor would be tremendously problematic for the internet.
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
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.