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
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.
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.
"Daphne Keller at the Stanford Center for Internet and Society said internet companies doing business in countries with laws restricting speech know they will be expected to comply with the rules. One common means of doing so without deleting lawful speech elsewhere is to offer country-specific versions of services, like YouTube Thailand, said Keller.
"The company can then honor national law on the version of the service that is targeted to, and primarily used in, that country," she said."
"Daphne Keller, an Internet law expert at Stanford Law School and former attorney at Google, said prior court decisions favor Yelp and she would be surprised if the California Supreme Court didn't reverse the ruling.
"It should be a no-brainer for Yelp to win," she said."
"“The place we all go to exercise our freedom of expression and to share opinions is a private platform run by a private company, and they don’t let us say every single thing that’s legal,” says Daphne Keller, director of intermediary liability at the Stanford Center for Internet and Society and a former head lawyer for Google’s web search team. “They only let us say the things that their policies permit. There’s good business reasons for that for them, but it’s a strange impact for us as a society sharing speech.”"
"And its odds of winning are high, said Daphne Keller, director of intermediary liability at Stanford University’s Center for Internet and Society, who said many companies have successfully used the CDA as a defense."
"When platforms are made responsible for determining what speech is illegal, those intermediaries tend to over-remove content, out of an abundance of caution, Daphne Keller, the director of intermediary liability at the Stanford Center for Internet and Society, and a former associate general counsel at Google, told BuzzFeed News. “They take down perfectly legal content out of concern that otherwise they themselves could get in trouble,” Keller said.
Lunch: 1:00 pm
Program: 1:30 pm - 3:00 pm
Internet platforms like Facebook and Twitter play an ever-increasing role in our lives, and mediate our personal and public communications. What laws govern their choices about our speech? Come discuss the law of platforms and online free expression with CIS Intermediary Liability Director Daphne Keller.
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.