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
A big new law is coming, and a lot of companies doing business online aren’t going to like it. Neither will many advocates of civil liberties for Internet users. Europe’s pending General Data Protection Regulation (GDPR) updates and overhauls EU data protection law – the law that produced this week’s Schrems case and last year’s “Right to Be Forgotten” ruling in the EU.
Today the French Data Protection regulator, CNIL, reaffirmed its position that Google must apply European “Right to Be Forgotten” (RTBF) law globally, by removing content from its services in all countries. Europe’s RTBF laws are rooted in citizens' rights to data protection and privacy. They are inconsistent with U.S. and other countries’ free expression laws, because they require suppression of information even if that information is true and not causing harm.
Policymakers around the world are showing renewed interest in the rules that govern Internet information flow across national borders.
European courts are beginning to sort through one of the most important follow-up questions to last spring’s “Right To Be Forgotten” ruling in Google v. Costeja: what does the case mean for hosting services? The answer matters for the Twitters, Facebooks and YouTubes of the world – not to mention European hosting services like DailyMotion, local political discussion forums, and blogs or newspapers with user comment sections.
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
"“Its role in enabling a certain kind of technical innovation is unambiguous,” says Daphne Keller at Stanford Law School’s Center for Internet and Society. “It made it possible for investors to get behind companies who were in the business of transmitting so much speech and information that they couldn't possibly assess it all and figure what was legal or illegal.”
""The bottom line of the case is that its legal merits barely matter, because the point is political theater," Daphne Keller, the director of intermediary liability at the Stanford Center for Internet and Society, told The Hill.
"As theater, I suspect it will be quite successful.""
"Ultimately, the use case for purely AI-driven content moderation is fairly narrow, says Daphne Keller, the director of intermediary liability at the Stanford Center for Internet and Society, because nuanced decisions are too complex to outsource to machines.
“If context does not matter at all, you can give it to a machine,” she told me. “But, if context does matter, which is the case for most things that are about newsworthy events, nobody has a piece of software that can replace humans.”"
"“I think they are really struggling and that’s not surprising, because it’s a very hard problem,” said Daphne Keller, who used to be on Google’s legal team and is now with Stanford University.
"According to Daphne Keller, a director at the Center for Internet and Society at Stanford’s school of law, outing those anonymous defendants might be the only way Miltenberg can get the case heard. It’s likely that Google – which was not named in the suit – and Donegan as the document’s creator will be immunized by federal statute and could get the case dismissed, Keller said.
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.