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
Europe's new General Data Protection Regulation (GDPR) goes into force today, after two years of preparation. Meanwhile, in the US, a remarkable number of people are suggesting we should adopt something like the GDPR. What does that actually mean, and what policy trade-offs does it entail?
Canada's Office of the Privacy Commissioner has concluded that an existing law, the Personal Information Protection and Electronic Documents Act (PIPEDA), gives individuals legal power to make individual websites take down information. This goes well beyond the rights recognized by the European Court of Justice in its “right to be forgotten” case, and raises the following important questions
Should Canada adopt its own version of the “right to be forgotten”? The Office of the Privacy Commissioner of Canada (OPC) recently concluded, in a Draft Position Paper, that such a right actually exists already. According to the OPC, Canada’s Personal Information Protection and Electronic Documents Act (PIPEDA) gives individuals legal power to make search engines like Google de-list search results about them, and to make individual websites take down information. In a Comment filed last week, I argued that this interpretation of PIPEDA will create far more problems than it solves.
Attached to this post are Powerpoint slides introducing intermediary liability basics. This particular deck comes from a great CIDE program in Mexico City. It is descended from others I’ve used over the years teaching at Stanford and Berkeley, presenting at conferences, and training junior lawyers at Google. Ancestral decks that evolved into this one go back to at least 2012. (Which might explain why I struggle with fonts whenever I update them.)
This piece is exerpted from the Law, Borders, and Speech Conference Proceedings Volume, where it appears as an appendix. The terminology it explains is relevant for Intermediary Liability and content regulation issues generally - not only issues that arise in the jurisdiction or conflict-of-law context. The full conference Proceedings Volume contains other relevant resources, and is Creative Commons licensed.
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
"However, Daphne Keller, the director of intermediary liability at the Stanford Law School Center for Internet and Society, questions whether machine monitoring is something we should even want to do.
"The idea that we can have an automated machine that can detect what's illegal from what's legal is pretty risky," Keller tells Lynch."
"Daphne Keller, Director of Intermediary Liability at Stanford’s Center for Internet and Society, told Quartz Facebook’s turnaround time was actually quite fast. Keller worked for years as an attorney at Google, and said that having been “on the other side,” she witnessed the massive volume of user reports these companies get, and how many of the flags they get are simply wrong or not actionable. “I don’t think it’s realistic to do anything better.”
Daphne Keller, Director of Intermediary Liability at Stanford’s Center for Internet and Society, told Quartz Facebook’s turnaround time was actually quite fast. Keller worked for years as an attorney at Google, and said that having been “on the other side,” she witnessed the massive volume of user reports these companies get, and how many of the flags they get are simply wrong or not actionable. “I don’t think it’s realistic to do anything better.”
""I can't imagine Facebook knowing about [illegal content] and not taking it down," said Daphne Keller, the Director of Intermediary Liability at the Stanford Center for Internet and Society. More likely than not, they probably aren't aware of these videos unless someone flags them, she said."
"In May a court allowed a lawsuit to proceed against Model Mayhem, a network that connects models and photographers, for having failed to warn users that rapists have used the site to target victims. In June a judge decided that Yelp, a site for crowdsourced reviews, cannot challenge a court order to remove a defamatory review of a lawyer by a client. Courts and lawmakers are not about to abolish section 230, says Daphne Keller of the Centre for Internet and Society at Stanford Law School, but it is unlikely to survive for decades."
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.
In this episode of the Arbiters of Truth series—Lawfare's new podcast series on disinformation in the run-up to the 2020 election—Quinta Jurecic and Evelyn Douek spoke with Daphne Keller, the director of intermediary liability at Stanford's Center for Internet and Society, about the nuts and bolts of content moderation. People often have big ideas for how tech platforms should decide what content to take down and what to keep up, but what kind of moderation is actually possible at scale?
In this episode, Daphne Keller, Director of Intermediary Liability at the Center for Internet and Society at Stanford Law School and former Associate General Counsel for Google, discusses her essay "Who Do You Sue?: State and Platform Hybrid Power Over Online Speech," which is published by the Hoover Institution.
On this segment of “Quality Assurance,” I take a deep dive on platforms and regulating speech. I spoke with Daphne Keller, who is at Stanford Law School’s Center for Internet and Society. The following is an edited transcript of our conversation.
The question of what responsibility should lie with Internet platforms for the content they host that is posted by their users has been the subject of debate around in the world as politicians, regulators, and the broader public seek to navigate policy choices to combat harmful speech that have implications for freedom of expression, online harms, competition, and innovation.
Cybersecurity is increasingly a major concern of modern life, coloring everything from the way we vote to the way we drive to the way our health care records are stored. Yet online security is beset by threats from nation-states and terrorists and organized crime, and our favorite social media sites are drowning in conspiracy theories and disinformation. How do we reset the internet and reestablish control over our own information and digital society?