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 one of a series of posts about the pending EU General Data Protection Regulation (GDPR), and its consequences for intermediaries and user speech online. In an earlier introduction and FAQ, I discuss the GDPR’s impact on both data protection law and Internet intermediary liability law.
This is one of a series of posts about the pending EU General Data Protection Regulation (GDPR), and its consequences for intermediaries and user speech online.
Most intermediaries offer legal “Notice and Takedown” systems – tools for people to alert the company if user-generated content violates the law, and for the company to remove that content if necessary.
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.
"“Historically, the place you went to exercise your speech rights was the public square. Now the equivalent is Twitter and YouTube and Facebook,” said Daphne Keller of the Stanford Center for Internet and Society. “In a practical matter, how much you can speak is not in the hands of the constitution but in the hands of these private companies.”"
"“Many people suing for harassment have tried to find exemptions under the CDA,” said Daphne Keller, director of intermediary liability at Stanford University’s Center for Internet and Society, making the point that the platforms usually win."
"“This part of the Charlottesville story makes people think about who controls speech on the Internet,” says Daphne Keller of Stanford Law School’s Center for Internet and Society. “We don’t have 1st Amendment rights to stop private companies from shutting down our speech, and most of the Internet is run by private companies. Most of us want some intermediaries to play that role — when we go on Twitter, we don’t want to be barraged with obscenities and on Facebook we don’t want to see racism.
"That doesn’t mean these companies aren’t feeling the pressure from advertisers and users who fear that pages belonging to alt-right publications like the Daily Stormer could incite violence, said Daphne Keller, Director of Intermediary Liability at Stanford Law School’s Center for Internet and Society.
""The number of net intermediaries acting as gatekeepers has increased," since GoDaddy booted Daily Stormer, said Daphne Keller, who studies platforms' legal responsibilities at the Stanford Center for Internet and Society. "Suddenly the domain registrars are sitting in judgment on content and speech," joining the usual players around free speech such as Google, Facebook and Twitter."
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.