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.
[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.”
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Full paper available for download here.
Facebook has come under increased scrutiny in recent months, the social media giant’s efforts to protect its users’ data questioned.
"Daphne Keller, a former Google lawyer now at Stanford’s Center for Internet and Society, agreed that the “knowingly” language is problematic. “It creates this incentive to bury your head in the sand and not try to find bad content,” she said."
"In a recent paper, Daphne Keller, director of Intermediary Liability at the Stanford Center for Internet and Society, points out that whether and how content hosts—such as social media companies—must honor RTBF requests under the GDPR is unclear.
"Policy experts also question how the bill would actually work. Daphne Keller of the Stanford Center for Internet and Society pointed to the challenges of determining whether an ad buyer is a foreign entity, particularly if buyers rely on outside vendors to purchase ads.
“Nobody knows how to figure out who counts as Russian,” she said. “It seems extremely easy to hide your identity.”"
"Daphne Keller of the Stanford Center for Internet and Society says that the new law could push some platforms and publishers to crack down on a wide variety of speech, to avoid the threat of lawsuits. It would give them “a reason to err on the side of removing internet users’ speech in response to any controversy,” she says, “and in response to false or mistaken allegations, which are often levied against online speech.”"
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.