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 panel considered issues of national jurisdiction in relation to Internet platforms’ voluntary content removal policies. These policies, typically set forth in Community Guidelines (CGs) or similar documents, prohibit content based on the platforms’ own rules or values—regardless of whether the content violates any law.
The essay below serves as introduction to the Stanford Center for Internet and Society's Law, Borders, and Speech Conference Proceedings Volume. The conference brought together experts from around the world to discuss conflicting national laws governing online speech -- and how courts, Internet platforms, and public interest advocates should respond to increasing demands for these laws to be enforced on the global Internet.
Today, someone asked me about the Internet and human well-being over the next decade. The question was a healthy provocation to look at the big picture. I chose “more helped than harmed” from the very short list of radio-button responses. Here’s my elaboration:
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.
Presented by Bloomberg, the Electronic Frontier Foundation and the First Amendment Coalition.
Lunch: 1:00 pm
Program: 1:30 pm - 3:00 pm
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.