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.
In a concession to regulators, Google is . . . using “geo-blocking” technology to control what European users can see. Under the new system, Google will not only remove links on, say, google.fr, but it will block users in France from seeing those links on any other Google country site, or google.com itself. Unless they use tools like virtual private networks to disguise their locations, users in those countries will see pruned search results.
These comments were prepared and submitted in response to the U.S. Copyright Office's December 31, 2015 Notice and Request for Public Comment on the impact and effectiveness of the DMCA safe harbor provisions in Section 512 of Title 17.
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)
"“When platforms don’t know what to do, the legally over-cautious response is to go way overboard on taking things down just in case they’re illegal,” Daphne Keller, Director of Intermediary Liability at Stanford University’s Center for Internet and Society, told BuzzFeed News. “My worst case scenario legislation would be some vague obligation for platforms to make sure that users don’t do bad things.”"
"“Historically, the place you went to exercise your speech rights was the public square. Now the equivalent is Twitter and YouTube and Facebook,” said Daphne Keller of the Stanford Center for Internet and Society. “In a practical matter, how much you can speak is not in the hands of the constitution but in the hands of these private companies.”"
"“Many people suing for harassment have tried to find exemptions under the CDA,” said Daphne Keller, director of intermediary liability at Stanford University’s Center for Internet and Society, making the point that the platforms usually win."
"“This part of the Charlottesville story makes people think about who controls speech on the Internet,” says Daphne Keller of Stanford Law School’s Center for Internet and Society. “We don’t have 1st Amendment rights to stop private companies from shutting down our speech, and most of the Internet is run by private companies. Most of us want some intermediaries to play that role — when we go on Twitter, we don’t want to be barraged with obscenities and on Facebook we don’t want to see racism.
"That doesn’t mean these companies aren’t feeling the pressure from advertisers and users who fear that pages belonging to alt-right publications like the Daily Stormer could incite violence, said Daphne Keller, Director of Intermediary Liability at Stanford Law School’s Center for Internet and Society.
After a lengthy legislative process, the GDPR is finally ready. As the most significant overhaul of data privacy laws in Europe in twenty years, it will have a profound impact on Silicon Valley technology companies offering online services in Europe. The recently announced Privacy Shield will affect most US organisations that receive personal information from Europe.
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.
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?
"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.