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 Center for Internet and Society just wrapped up its Law, Borders, and Speech Conference. We had an amazing line-up of speakers and a great set of topics -- the event was a blast, and we are getting enthusiastic feedback from newly minted Internet jurisdiction nerds and old hands alike.
The European Commission is making major steps forward in its new Digital Single Market strategy. One important part, the Platform Liability consultation, pointedly asked whether Internet intermediaries should “do more” to weed out illegal or harmful content on their platforms – in other words, to proactively police the information posted by users.
This is the third of four posts on the European Court of Human Rights’ (ECHR) rulings in Delfi v. Estonia and MTE v. Hungary. In both cases, national courts held online news portals liable for comments posted by their users – even though the platforms did not know about them. These rulings effectively required platforms to monitor and delete user comments in order to avoid liability.
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)
Facebook has come under increased scrutiny in recent months, the social media giant’s efforts to protect its users’ data questioned.
"Daphne Keller, a former Google lawyer now at Stanford’s Center for Internet and Society, agreed that the “knowingly” language is problematic. “It creates this incentive to bury your head in the sand and not try to find bad content,” she said."
"In a recent paper, Daphne Keller, director of Intermediary Liability at the Stanford Center for Internet and Society, points out that whether and how content hosts—such as social media companies—must honor RTBF requests under the GDPR is unclear.
"Policy experts also question how the bill would actually work. Daphne Keller of the Stanford Center for Internet and Society pointed to the challenges of determining whether an ad buyer is a foreign entity, particularly if buyers rely on outside vendors to purchase ads.
“Nobody knows how to figure out who counts as Russian,” she said. “It seems extremely easy to hide your identity.”"
"Daphne Keller of the Stanford Center for Internet and Society says that the new law could push some platforms and publishers to crack down on a wide variety of speech, to avoid the threat of lawsuits. It would give them “a reason to err on the side of removing internet users’ speech in response to any controversy,” she says, “and in response to false or mistaken allegations, which are often levied against online speech.”"
Presented by Bloomberg, the Electronic Frontier Foundation and the First Amendment Coalition.
Lunch: 1:00 pm
Program: 1:30 pm - 3:00 pm
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.