Europe’s War on U.S. Platforms
Many government entities in the EU appear to be gunning for U.S.-based digital companies. This is reflected in the new copyright law discussed in the earlier panel, but is also seen in a variety of data protection & privacy regulations: GDPR, Privacy Shield, right to be forgotten (including possibility of requiring global search removals under Google Spain, and expansion of RTBF beyond search engines), and increasing discomfort among U.S. platforms that the EU is seeking to project its law and values on the rest of the world. This panel will attempt to better understand Europe’s way of thinking about these issues and offer strategies for digital companies – not just the big players – but smaller startups that will have to grapple with the unintended consequences of the long arm of European regulations. This session will open with a 20-minute keynote speech from Yale Law School Dean, Robert Post, based on his paper, “The News about Google Spain: Management, Civility,
and The Right to Be Forgotten.”
Jacob P. Goldstein, Associate General Counsel, Dow Jones & Company Inc. (Moderator)
Robert Post, Dean and Sol & Lillian Goldberg Professor of Law, Yale Law School (Keynote)
Jens van den Brink, Attorney at Law/ Partner, Kennedy Van der Laan
Jonathan Kanter, Partner, Paul, Weiss, Rifkind, Wharton & Garrison LLP
Daphne Keller, Director of Intermediary Liability, Stanford Center for Internet & Society
During the past year or so, a number of court decisions have chipped away at the protection of Section 230. Recently, courts have appeared receptive to claims that fall outside the usual ambit of publishing torts, where, e.g., a duty to warn was alleged (Doe v. Internet Brands), or where an online marketplace site takes a share of an unlawful transaction (Airbnb v. San Francisco). California’s Supreme Court will soon consider whether platforms can be forced to remove content based on a third-party default judgment (Hassell v. Bird); in the lower courts, California’s prosecution of Backpage.com executives continues (State v. Ferrer); and another recent trend: social media sites are increasingly seeing suits brought under anti-terrorism statutes by terror victims who claim tech companies are responsible for extremists’ use of platforms. Our expert panel will review the current landscape of Section 230 litigation, and highlight areas of concern for the coming years.
Makesha Patterson, Senior Litigation Counsel, Google Inc. (Moderator)
Patrick J. Carome, Partner, Wilmer Cutler Pickering Hale and Dorr LLP
Ambika Doran, Partner, Davis Wright Tremaine LLP
Aaron Schur, Senior Director of Litigation, Yelp, Inc.
Brian M. Willen, Partner, Wilson Sonsini Goodrich & Rosati, PC
Our lightning round panel will discuss the key takeaways from new developments in topics critical to clients publishing, monetizing, and utilizing digital content, including: (1) the Lanham Act (including commercialization of online content), (2) the Computer Fraud and Abuse Act (including delegation and authorization to access on behalf others), (3) copyrightability (including APIs, and also Batmobiles), and (4) intermediary liability (including Section 230 and related protections).
Timothy Alger, Shareholder, Greenberg Traurig LLP (Moderator)
Jonathan H. Blavin, Partner, Munger Tolles & Olson LLP
Simon Frankel, Partner, Covington & Burling
Roger Myers, Partner, Bryan Cave LLP
Makesha Patterson, Litigation Counsel, Google Inc.
By role-playing a series of take-down and user data request scenarios involving the EU, South America and elsewhere–even the US–a panel of experienced digital media counsel/insiders will provide both legal and practical guidance on facing the crazy quilt of challenges posed by national and cross-national demands and conceptions of privacy, security and free speech. The panel will also consider the pros and cons of a proposed global strategy for improvement.
Jeff Rabkin, Partner, Jones Day (Moderator)
Aaron Altschuler, Counsel, ZwillGen PLLC
Ed Britan, Regulatory Affairs Attorney, Microsoft Corp.
Bertrand De La Chapelle, Co-Founder & Director, Internet & Jurisdiction Project
Shantal Rands Poovala, Sr. Manager Online Legal Operations, Google Inc.
Some companies are hoping the CDA will protect them even as they engage in activities in the physical world, while at the same time, courts are pushing back in certain areas, even where the claim involves publisher activities. Our expert panel will discuss:
• The real-world impact of Roomates.com‘s “material contribution” standard for participating in the development of the actionable content.
• What makes Doe v. Internet Brands different from prior cases against MySpace and Match.com?
• Can legal duties be distinguished from publication liability?
• Where are the Section 230 boundaries now, and where should they be?
Panelists: Timothy Alger, Partner, Perkins Coie (Moderator); Patrick Carome, Partner, Wilmer Cutler Pickering Hale & Dorr LLP; Kai Falkenberg, Visiting Professor, Benjamin N. Cardozo School of Law; David Gingras, Attorney, Gingras Law Office, PLLC; Eric Goldman, Professor, Santa Clara University School of Law; Liz McDougall, General Counsel, Backpage.com.