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
Filtering Facebook: Introducing Dolphins in the Net, a New Stanford CIS White Paper
Why Internet Users and EU Policymakers Should Worry about the Advocate General’s Opinion in Glawischnig-Piesczek
White Paper: Dolphins in the Net: Internet Content Filters and the Advocate General’s Glawischnig-Piesczek v. Facebook Ireland Opinion
This discussion, excerpted from my Who Do You Sue article, very briefly reviews the implications of what I call “must-carry” arguments – claims that operators of major Internet platforms should be held to the same First Amendment standards as the government, and prevented from using their Terms of Service or Community Guidelines to prohibit lawful speech.
Lawmakers today are increasingly focused on their options for regulating the content we see on online platforms. I described several ambitious regulatory models for doing that in my recent paper, Who Do You Sue? State and Platform Hybrid Power Over Online Speech. This blog post excerpts that discussion, and sketches out potential legal regimes to address major platforms’ function as de facto gatekeepers of online speech and information.
[Stanford's Daphne Keller is a preeminent cyberlawyer and one of the world's leading experts on "intermediary liability" -- that is, when an online service should be held responsible for the actions of this user. She brings us a delightful tale of Facebook's inability to moderate content at scale, which is as much of a tale of the impossibility (and foolishness) of trying to support 2.3 billion users (who will generate 2,300 one-in-a-million edge-cases every day) as it is about a specific failure.
This past week, with some fanfare, Facebook announced its own version of the Supreme Court: a 40-member board that will make final decisions about user posts that Facebook has taken down. The announcement came after extended deliberations that have been described as Facebook’s “constitutional convention.”
The Program on Extremism Policy Paper series combines analysis on extremism-related issues by our researchers and guest contributors with tailored recommendations for policymakers.
Full paper available for download here.
"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.”"
"“When platforms don’t know what to do, the legally over-cautious response is to go way overboard on taking things down just in case they’re illegal,” Daphne Keller, Director of Intermediary Liability at Stanford University’s Center for Internet and Society, told BuzzFeed News. “My worst case scenario legislation would be some vague obligation for platforms to make sure that users don’t do bad things.”"
"“Historically, the place you went to exercise your speech rights was the public square. Now the equivalent is Twitter and YouTube and Facebook,” said Daphne Keller of the Stanford Center for Internet and Society. “In a practical matter, how much you can speak is not in the hands of the constitution but in the hands of these private companies.”"
"“Many people suing for harassment have tried to find exemptions under the CDA,” said Daphne Keller, director of intermediary liability at Stanford University’s Center for Internet and Society, making the point that the platforms usually win."
Presented by Bloomberg, the Electronic Frontier Foundation and the First Amendment Coalition.
Lunch: 1:00 pm
Program: 1:30 pm - 3:00 pm
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?
"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.