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.
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.
"“It’s really important to understand how much Europe is in the driver’s seat,” says Daphne Keller, director of Intermediary Liability at the Center for Internet and Society, as well as former associate general counsel at Google. “It kind of doesn’t matter what U.S. law says for a lot of things. Europe is extracting agreements by companies — they're going to enforce those agreements publicly.”"
"“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.”
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.
The Center for Internet and Society (CIS) is a public interest technology law and policy program at Stanford Law School and a part of Law, Science and Technology Program at Stanford Law School.
When you give sites and services information about yourself, where does it go? Who else will get hold of it, and what will they use it for? The recent revelations about Cambridge Analytica's acquisition of data about tens of millions of Facebook users without their knowledge or consent have prompted renewed interest in how data about us gets shared, sold, used, and misused -- well beyond what we ever expected. Join us for a SLATA/CIS lunchtime conversation with three experts from Stanford’s Center for Internet and Society as we discuss the legal and policy implications of the Cambridge Analytica scandal and responses from Congress and courts. How can we prevent this from happening again? What new problems might we create through poorly-crafted legal responses?
In this episode of the Arbiters of Truth series—Lawfare's new podcast series on disinformation in the run-up to the 2020 election—Quinta Jurecic and Evelyn Douek spoke with Daphne Keller, the director of intermediary liability at Stanford's Center for Internet and Society, about the nuts and bolts of content moderation. People often have big ideas for how tech platforms should decide what content to take down and what to keep up, but what kind of moderation is actually possible at scale?
In this episode, Daphne Keller, Director of Intermediary Liability at the Center for Internet and Society at Stanford Law School and former Associate General Counsel for Google, discusses her essay "Who Do You Sue?: State and Platform Hybrid Power Over Online Speech," which is published by the Hoover Institution.
On this segment of “Quality Assurance,” I take a deep dive on platforms and regulating speech. I spoke with Daphne Keller, who is at Stanford Law School’s Center for Internet and Society. The following is an edited transcript of our conversation.
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?