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.
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
Included in this PDF are:
- Notice of Motion and Motion for Leave to File Amicus Curiae Brief
- Amicus Curiae Brief of Electronic Frontier Foundation, Center for Democracy and Technology, Daphne Keller, Eric Goldman and Eugene Volokh in Support of Plaintiffs' Motion for Preliminary Injunction
"Daphne Keller, of the Stanford Center for Internet and Society, said Section 230 was designed to allow platforms like Facebook to do some moderation and make editorial decisions without generally being liable for users’ posts: “They need to be able to make discretionary choices about content.”
The law seemed to be on Facebook’s side, she said, but added that it was an unusual case given the focus on app data access while previous cases have centered on more straightforward censorship claims."
"However, a video for example showing Isis recruitment can violate the law in one context, but also be legal and important for purposes such as documenting crimes for future prosecution, says Daphne Keller, intermediary liability director at Stanford's Centre for Internet and Society.
“The more we push companies to carry out fast, sloppy content removals, the more mistakes we will see,” Keller says. She thinks lawmakers should “slow down, talk to experts including both security researchers and members of the affected communities, and build on that foundation”."
"Stanford's Daphne Keller is one of the world's foremost experts on intermediary liability protections and someone we've mentioned on the website many times in the past (and have had her on the podcast a few times as well). She's just published a fantastic paper presenting lessons from making internet platforms liable for the speech of its users. As she makes clear, she is not arguing that platforms should do no moderation at all.
"Indeed, as Europe is pushing for more and more use of platforms to censor, it's important that someone gets them to understand how these plans almost inevitably backfire. Daphne Keller at Stanford recently submitted a comment to the EU about its plan, noting just how badly demands for censorship of "illegal content" can turn around and do serious harm.
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.
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.