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.
[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.
"Any effort to regulate social media companies and search engines would run up against a bevy of constitutional free speech questions. Legally, Trump doesn’t have any authority to change how Google displays search results, said Daphne Keller, director of intermediary liability at the Stanford Center for Internet and Society.
“By dictating what a private company does with search results, it legally would be like dictating what The Chronicle does with news reporting,” Keller said. “It would be a First Amendment violation.”"
"“There should be a whole gradation of how this [software] should work,” Daphne Keller, the director of the Stanford Center for Internet and Society (and mother of two), told Quartz. “We should be able to choose something in between, that is a good balance [between safety and surveillance], rather than forcing kids to divulge all their data without any control.”"
"Daphne Keller, of the Stanford Center for Internet and Society, said Section 230 was designed to allow platforms like Facebook to do some moderation and make editorial decisions without generally being liable for users’ posts: “They need to be able to make discretionary choices about content.”
The law seemed to be on Facebook’s side, she said, but added that it was an unusual case given the focus on app data access while previous cases have centered on more straightforward censorship claims."
"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.
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
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.