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.
This essay closely examines the effect on free-expression rights when platforms such as Facebook or YouTube silence their users’ speech. The first part describes the often messy blend of government and private power behind many content removals, and discusses how the combination undermines users’ rights to challenge state action. The second part explores the legal minefield for users—or potentially, legislators—claiming a right to speak on major platforms.
On Tuesday, in a courtroom in Luxembourg, the Court of Justice of the European Union is to consider whether Google must enforce the “right to be forgotten” — which requires search engines to erase search results based on European law — everywhere in the world.
Policymakers increasingly ask Internet platforms like Facebook to “take responsibility” for material posted by their users. Mark Zuckerberg and other tech leaders seem willing to do so. That is in part a good development. Platforms are uniquely positioned to reduce harmful content online. But deputizing them to police users’ speech in the modern public square can also have serious unintended consequences. This piece reviews existing laws and current pressures to expand intermediaries’ liability for user-generated content.
If you paid attention to Mark Zuckerberg’s testimony before Congress last month, you might have gotten the impression that the internet consists entirely of titanic, California-based companies like Twitter, Facebook and Google. Congress is right to call these companies to account for outsize harms like disclosing personal data about many millions of users. But it is very wrong to act as though these companies are representative of the whole internet.
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."
"Daphne Keller at the Stanford Center for Internet and Society said internet companies doing business in countries with laws restricting speech know they will be expected to comply with the rules. One common means of doing so without deleting lawful speech elsewhere is to offer country-specific versions of services, like YouTube Thailand, said Keller.
"The company can then honor national law on the version of the service that is targeted to, and primarily used in, that country," she said."
"Daphne Keller, an Internet law expert at Stanford Law School and former attorney at Google, said prior court decisions favor Yelp and she would be surprised if the California Supreme Court didn't reverse the ruling.
"It should be a no-brainer for Yelp to win," she said."
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.