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.
Most observers cheered when the neo-Nazi Daily Stormer was booted from YouTube, CloudFlare, and other platforms around the Internet. At the same time, the site’s disappearance stirred anxiety about Internet companies’ power over online speech. It starkly illustrated how online speech can live or die at the discretion of private companies. The modern public square is in private hands.
Prime Minister Theresa May’s political fortunes may be waning in Britain, but her push to make internet companies police their users’ speech is alive and well. In the aftermath of the recent London attacks, Ms. May called platforms like Google and Facebook breeding grounds for terrorism.
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
"“When lawmakers create new rules that have never been tested by courts – like Australia's new law or the rules proposed in the UK's White Paper – and then tell platforms to enforce them, we can only expect that a broad swathe of perfectly legal speech is going to disappear,” said Daphne Keller, director of intermediary liability at the Stanford Centre for Internet and Society.
"The issue highlights the pressure on many internet platforms to attract customers by presenting a critical mass of listings to demonstrate scale, says Daphne Keller, director of intermediary liability at Stanford Law School’s Center for Internet and Society. She added that inactive or false listings don’t produce a good customer experience either. “You don’t want to have a bunch of listings in there that turn out to be dead ends,” Ms. Keller said. A Care.com spokeswoman declined to comment on Ms. Keller’s assessment."
"“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.”"
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. Come hear CIS Directors Jennifer Granick + Daphne Keller and Resident Fellows Riana Pfefferkorn + Luiz Fernando Marrey Moncau talk about our work, and the assistance CIS provides to students in learning about these issues, selecting courses, identifying job opportunities, and making professional connections.
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.
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.