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.
Included in this PDF are:
- Notice of Motion and Motion for Leave to File Amicus Curiae Brief
- Amicus Curiae Brief of Electronic Frontier Foundation, Center for Democracy and Technology, Daphne Keller, Eric Goldman and Eugene Volokh in Support of Plaintiffs' Motion for Preliminary Injunction
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.
"However, Daphne Keller, the director of intermediary liability at the Stanford Law School Center for Internet and Society, questions whether machine monitoring is something we should even want to do.
"The idea that we can have an automated machine that can detect what's illegal from what's legal is pretty risky," Keller tells Lynch."
"Daphne Keller, Director of Intermediary Liability at Stanford’s Center for Internet and Society, told Quartz Facebook’s turnaround time was actually quite fast. Keller worked for years as an attorney at Google, and said that having been “on the other side,” she witnessed the massive volume of user reports these companies get, and how many of the flags they get are simply wrong or not actionable. “I don’t think it’s realistic to do anything better.”
Daphne Keller, Director of Intermediary Liability at Stanford’s Center for Internet and Society, told Quartz Facebook’s turnaround time was actually quite fast. Keller worked for years as an attorney at Google, and said that having been “on the other side,” she witnessed the massive volume of user reports these companies get, and how many of the flags they get are simply wrong or not actionable. “I don’t think it’s realistic to do anything better.”
""I can't imagine Facebook knowing about [illegal content] and not taking it down," said Daphne Keller, the Director of Intermediary Liability at the Stanford Center for Internet and Society. More likely than not, they probably aren't aware of these videos unless someone flags them, she said."
"In May a court allowed a lawsuit to proceed against Model Mayhem, a network that connects models and photographers, for having failed to warn users that rapists have used the site to target victims. In June a judge decided that Yelp, a site for crowdsourced reviews, cannot challenge a court order to remove a defamatory review of a lawyer by a client. Courts and lawmakers are not about to abolish section 230, says Daphne Keller of the Centre for Internet and Society at Stanford Law School, but it is unlikely to survive for decades."
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
"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.
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.