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
Most people I talk to think that Facebook, Twitter, and other social media companies should take down ugly-but-legal user speech. Platforms are generally applauded for taking down racist posts from the White Nationalist demonstrators in Charlottesville, for example. I see plenty of disagreement about exactly what user-generated content should come down -- breastfeeding images? Passages from Lolita? Passages from Mein Kampf? But few really oppose the basic predicate of these removals: that private companies can and should be arbiters of permissible speech on their platforms.*
Alarm bells are sounding around the Internet about proposed changes to one of the US’s core Intermediary Liability laws, Communications Decency Act Section 230 (CDA 230). CDA 230 broadly immunizes Internet platforms against legal claims based on speech posted by their users. It has been credited as a key protection for both online expression and Internet innovation in the US. CDA 230 immunities have limits, though. Platforms are not protected from intellectual property claims (mostly handled under the DMCA) or federal criminal claims.
In its Equustek ruling in June, the Canadian Supreme Court held that Google must delete search results for users everywhere in the world, based on Canadian law. Google has now filed suit in the US, asking the court to confirm that the order can’t be enforced here. Here’s my take on that claim.
The Canadian Supreme Court this morning issued its long-awaited ruling in Equustek. The court upheld an order compelling Google to remove search results for specified websites, not just in Canada, but everywhere in the world.
[Stanford's Daphne Keller is a preeminent cyberlawyer and one of the world's leading experts on "intermediary liability" -- that is, when an online service should be held responsible for the actions of this user. She brings us a delightful tale of Facebook's inability to moderate content at scale, which is as much of a tale of the impossibility (and foolishness) of trying to support 2.3 billion users (who will generate 2,300 one-in-a-million edge-cases every day) as it is about a specific failure.
This past week, with some fanfare, Facebook announced its own version of the Supreme Court: a 40-member board that will make final decisions about user posts that Facebook has taken down. The announcement came after extended deliberations that have been described as Facebook’s “constitutional convention.”
The Program on Extremism Policy Paper series combines analysis on extremism-related issues by our researchers and guest contributors with tailored recommendations for policymakers.
Full paper available for download here.
"Daphne Keller at the Stanford Center for Internet and Society said internet companies doing business in countries with laws restricting speech know they will be expected to comply with the rules. One common means of doing so without deleting lawful speech elsewhere is to offer country-specific versions of services, like YouTube Thailand, said Keller.
"The company can then honor national law on the version of the service that is targeted to, and primarily used in, that country," she said."
"Daphne Keller, an Internet law expert at Stanford Law School and former attorney at Google, said prior court decisions favor Yelp and she would be surprised if the California Supreme Court didn't reverse the ruling.
"It should be a no-brainer for Yelp to win," she said."
"“The place we all go to exercise our freedom of expression and to share opinions is a private platform run by a private company, and they don’t let us say every single thing that’s legal,” says Daphne Keller, director of intermediary liability at the Stanford Center for Internet and Society and a former head lawyer for Google’s web search team. “They only let us say the things that their policies permit. There’s good business reasons for that for them, but it’s a strange impact for us as a society sharing speech.”"
"And its odds of winning are high, said Daphne Keller, director of intermediary liability at Stanford University’s Center for Internet and Society, who said many companies have successfully used the CDA as a defense."
"When platforms are made responsible for determining what speech is illegal, those intermediaries tend to over-remove content, out of an abundance of caution, Daphne Keller, the director of intermediary liability at the Stanford Center for Internet and Society, and a former associate general counsel at Google, told BuzzFeed News. “They take down perfectly legal content out of concern that otherwise they themselves could get in trouble,” Keller said.
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.
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.
When you give sites and services information about yourself, where does it go? Who else will get hold of it, and what will they use it for? The recent revelations about Cambridge Analytica's acquisition of data about tens of millions of Facebook users without their knowledge or consent have prompted renewed interest in how data about us gets shared, sold, used, and misused -- well beyond what we ever expected. Join us for a SLATA/CIS lunchtime conversation with three experts from Stanford’s Center for Internet and Society as we discuss the legal and policy implications of the Cambridge Analytica scandal and responses from Congress and courts. How can we prevent this from happening again? What new problems might we create through poorly-crafted legal responses?
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?