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
The EU’s new General Data Protection Regulation (GDPR) will come into effect in the spring of 2018, bringing with it a newly codified version of the “Right to Be Forgotten” (RTBF). Depending how the new law is interpreted, this right could prove broader than the “right to be de-listed” established in 2014’s Google Spain case. It could put even more decisions about the balance between privacy and free expression in the hands of private Internet platforms like Google.
The Internet is full of trolls. So it’s no surprise that notice and takedown systems for online speech attract their fair share of them – people insisting that criticism of their scientific research, videos of police brutality, and other legitimate online speech should be removed from Internet platforms.
The French DPA's claim that Google should de-list search results globally to comply with "Right to Be Forgotten" laws is inconsistent with the CJEU's ruling in the Google Spain case.
Submission to the European Commission.
Includes Supplemental response to “Should action taken by hosting service providers remain effective over time ("take down and stay down" principle)?”
International Data Flows: Promoting Digital Trade in the 21st Century: Before the Subcommittee on Courts, Intellectual Property, and the Internet, 114 Cong 133 (2015) (Letter from Daphne Keller, Director of Intermediary Liability, Center for Internet and Society, Stanford Law School)
Americans have long been ignoring European data protection law, but it has not been ignoring us. Last year’s so-called “right to be forgotten” case from the EU’s highest court let people remove links about themselves from Google’s search results — and regulators insist that the links must disappear from U.S. search results, too.
"However, a video for example showing Isis recruitment can violate the law in one context, but also be legal and important for purposes such as documenting crimes for future prosecution, says Daphne Keller, intermediary liability director at Stanford's Centre for Internet and Society.
“The more we push companies to carry out fast, sloppy content removals, the more mistakes we will see,” Keller says. She thinks lawmakers should “slow down, talk to experts including both security researchers and members of the affected communities, and build on that foundation”."
"Stanford's Daphne Keller is one of the world's foremost experts on intermediary liability protections and someone we've mentioned on the website many times in the past (and have had her on the podcast a few times as well). She's just published a fantastic paper presenting lessons from making internet platforms liable for the speech of its users. As she makes clear, she is not arguing that platforms should do no moderation at all.
"Indeed, as Europe is pushing for more and more use of platforms to censor, it's important that someone gets them to understand how these plans almost inevitably backfire. Daphne Keller at Stanford recently submitted a comment to the EU about its plan, noting just how badly demands for censorship of "illegal content" can turn around and do serious harm.
Facebook has come under increased scrutiny in recent months, the social media giant’s efforts to protect its users’ data questioned.
Over 800 attendees registered at the State of the Net Conference (SOTN) in 2015. The conference provides unparalleled opportunities to network and engage on key Internet policy issues. SOTN is the largest Internet policy conference in the U.S. and the only one with over 50 percent Congressional staff and government policymakers in attendance.
Stanford 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
"Daphne Keller, a specialist in corporate liability and responsibility at Stanford Law School's Center for Internet and Society, says Facebook could face private lawsuits over privacy."
""Half the time it's, 'Oh no, Facebook didn't take something down, and we think that's terrible; they should have taken it down,' " says Daphne Keller, a law professor at Stanford University. "And the other half of the time is, 'Oh no! Facebook took something down and we wish they hadn't.' "
Full episode of "Bloomberg West." Guests include Daphne Keller, director of intermediary liability at the Center for Internet and Society at Stanford Law School, David Kirkpatrick, Techonomy's chief executive officer, Radu Rusu, chief executive officer and co-founder of Fyusion, Crawford Del Prete, IDC's chief research officer, and Daniel Apai, assistant professor at The University of Arizona.
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.