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Europe’s War on U.S. Platforms

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.”

Panelists:
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

Bridging Divides: Interfacing with Law Enforcement and Intelligence Agencies

This session will bring together government agents and in-house counsel, who often must call upon one another to investigate and stop cyber threats from hackers, terrorist organizations and violent extremist groups. What issues arise when digital companies seek the aid of government in response to hacking and other online threats, including those from state actors like Russia and North Korea? How should platforms respond to government requests for cooperation in stopping terrorists from recruiting and spreading propaganda, while maintaining principles of free speech, transparency, and privacy? Where should digital companies draw the line on permitting intrusive surveillance and data requests? Our panel will explore the state of the relationship between tech and government and attempt to find common ground.

Panelists:
Samir Jain, Former Senior Director for Cybersecurity Policy, National Security Council (Moderator)
Shawn M. Bradstreet, Resident Agent in Charge, U.S. Secret Service
Catherine Crump, Acting Director, Samuelson Law, Technology & Public Policy Clinic, UC Berkeley School of Law
Nicole Jones, Associate General Counsel – Global Law Enforcement and Safety, Google Inc.
M.K. Palmore, Assistant Special Agent-In-Charge, FBI San Francisco – Cyber Branch

Digital Media Meets Data Nationalism: Global Strategies to Cope

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.

Panelists:    
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.

Crypto-Controversy: Beyond the San Bernardino iPhone Dispute

While the legal battle between Apple and the FBI created a firestorm of controversy, this session will aim to take our audience beyond the sensational headlines and political rhetoric, and delve into the technology, legal issues and public policy concerns at stake. The discussion among these distinguished panelists will be geared to educate conference attendees, and the public, on the tension between privacy and law enforcement that has resulted from the advancement of encryption and security technology.

Panelists:
Sarah Jeong, Contributing Editor, Motherboard (Moderator)
Theodore J. Boutrous, Jr., Partner, Gibson Dunn & Crutcher LLP
Hon. Eileen M. Decker, U.S. Attorney for the Central Dist. of California
Jim Dempsey, Executive Director, Berkeley Center for Law & Technology
Daniel Kahn Gillmor, Senior Staff Technologist, ACLU
Hon. Stephen G. Larson, Partner, Larson O’Brien LLP

Around the Block: New Realities in Ad-Blocked Digital Media

With Ad Blocker software reaching critical mass, both on desktop and on mobile platforms, what will be the impact on a digital media that is so largely driven by advertising revenue? This session will cover the differences between the different ad-blocking apps, the reasons for their emergence, and how platforms, publishers, advertisers, and consumers are responding to the new environment. Included will be a discussion of Ad Block Plus’s controversial “Acceptable Ads Program” in which major platforms have participated to keep their ads from being blocked. A diverse group of panelists will consider the various strategies that might be used to overcome – or co-exist with – ad blocking technology.

Panelists:  
James Chadwick, Partner, Sheppard, Mullin, Richter & Hampton (Moderator)
Melissa Gallo, Senior Director, IAB Tech Lab
Nick Morgan, Copyright Attorney, Microsoft Corporation
Cooper Quintin, Staff Technologist, Electronic Frontier Foundation

Recent Developments in Digital Privacy & Data Security

As information increasingly moves to the cloud, as systems become ever more interconnected, and as remote access to data becomes the norm, issues concerning digital privacy and data security have come to the fore.  The aggregation and sharing of information in digital environments have led to significant innovations and improvements in commerce, services, and other aspects of our lives.  Yet reports of cyberattacks, snooping, and misuse of information can seem almost commonplace, and consumers, citizens, and businesses alike have become more concerned and engaged.  Our top-flight panel of practitioners will explore an array of timely topics, such as new government regulation in the area of privacy and security; the role of government investigations and enforcement actions and private class action litigation in remedying unlawful conduct; and shaping future behavior, and steps that companies should be taking now to reduce and address potential cybersecurity and liability risks.

Panelists:   Matthew D. Brown, Partner, Cooley (Moderator); Blake Lawit, Vice President, Legal, LinkedIn; Nicole Ozer, Tech Policy Director, ACLU of Northern California; Ben Richman, Partner, Edelson P.C.; Rosemarie Ring, Partner, Munger Tolles & Olson

Online Advertising Mashup

Online Advertising Mashup

This session will explore the biggest issues in online advertising today, including:

  • Interest-Based Advertising:  the latest on Do Not Track, the implications of platform-based opt outs such as Apple’s IDFA and Android’s Advertising ID, and how recent technological changes affect how companies engage users and how publishers monetize advertising inventory.
  • Recent changes to the legislative landscape affecting online advertising, including CalOPPA’s Do Not Track Transparency amendment.
  • The new COPPA Rule’s impact on online advertising, including interest-based advertising and handling known child users.
  • How the EU’s cookie directive and changes to the EU Data Protection Regulation are changing advertising practices domestically and abroad.
  • How advancements in technology permit advertisers to reach consumers across devices and to offer meaningful notice and choice in a changing technological landscape.

Panelists:
Meredith Halama, Senior Counsel, Perkins Coie LLP (Moderator); Ken Dreifach, Counsel, ZwillGen, PLLC; Joanne McNabb, Director of Privacy Education and Policy, Office of the California Attorney General; Laura Pirri, Legal Director, Products, Twitter; David Wainberg, Privacy and Policy Counsel, AppNexus