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
This is the second of four posts on real-world consequences of the European Court of Human Rights’ (ECHR) rulings in Delfi v. Estonia and MTE v. Hungary. Both cases arose from national court rulings that effectively required online news portals to monitor users’ speech in comment forums. The first case, Delfi, condoned a monitoring requirement in a case involving threats and hate speech.
Last summer, the Grand Chamber of the European Court of Human Rights (ECHR) delivered a serious setback to free expression on the Internet. The Court held, in Delfi v. Estonia, that a government could compel a news site to monitor its users’ online comments about articles.* This winter, the Court’s lower chamber ruled the other way in MTE v.
The probably-really-almost-totally final 2016 General Data Protection Regulation (GDPR) is here! Lawyers around the world have been hunkered down, analyzing its 200-plus pages. In the “Right to Be Forgotten” (RTBF) provisions, not much has changed from prior drafts.
Europe’s pending General Data Protection Regulation (GDPR) threatens free expression and access to information on the Internet. The threat comes from erasure requirements that work in ways the drafters may not have intended -- and that are not necessary to achieve the Regulation’s data protection purposes.
[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.
""The bottom line of the case is that its legal merits barely matter, because the point is political theater," Daphne Keller, the director of intermediary liability at the Stanford Center for Internet and Society, told The Hill.
"As theater, I suspect it will be quite successful.""
"Ultimately, the use case for purely AI-driven content moderation is fairly narrow, says Daphne Keller, the director of intermediary liability at the Stanford Center for Internet and Society, because nuanced decisions are too complex to outsource to machines.
“If context does not matter at all, you can give it to a machine,” she told me. “But, if context does matter, which is the case for most things that are about newsworthy events, nobody has a piece of software that can replace humans.”"
"“I think they are really struggling and that’s not surprising, because it’s a very hard problem,” said Daphne Keller, who used to be on Google’s legal team and is now with Stanford University.
"According to Daphne Keller, a director at the Center for Internet and Society at Stanford’s school of law, outing those anonymous defendants might be the only way Miltenberg can get the case heard. It’s likely that Google – which was not named in the suit – and Donegan as the document’s creator will be immunized by federal statute and could get the case dismissed, Keller said.
"It will set governments’ expectations about how they can use their leverage over internet platforms to effectively enforce their own laws globally,” said Daphne Keller, who studies platforms’ legal responsibilities at the Stanford Center for Internet and Society and previously was Google’s associate general counsel."
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
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?