Eighth Law and Information Society Symposium
March 14, 2014
12th Floor Lounge | E. Gerald Corrigan Conference Center
Lowenstein Center | Lincoln Center Campus
113 West 60th Street, New York, NY 10023
The “Internet of Things” is the term used to describe the networking of devices that have not traditionally been used to collect or process data. Internet connectivity and data collection mechanisms are being added to devices as diverse as pacemakers, athletic equipment, light bulbs, and coffee makers. As the networking of these devices becomes more prevalent in everyday life, legal and policy issues are now at the forefront of business and regulators’ agendas. For example, the FTC and other government organizations have expressed concern over privacy, security, and even technological and financing considerations. This conference seeks to address these wide-ranging issues and explore the legal framework that can support innovation along with the protection of society.
Breakfast and Registration (8:30am – 8:50am)
Welcome (8:50am – 9:00am)
Session 1: A Tutorial in the Technology of Things (9:00 am – 9:45am)
The first panel will set the stage for the day with demonstrations of technologies that are cheap and quick to build and that illustrate the promise of connected devices.
Moderator: Edward Felten, Robert E. Kahn Professor of Computer Science and Public Affairs and Director of the CITP, Princeton
Presenters: Princeton CITP prototype developers
Session 2: Smart Security (9:45am – 10:45am)
This session will address the information security risks when household devices are interconnected and the role of law in addressing those risks. Key questions that the panel will consider are:
• What are the new or distinctive security issues raised by the IoT?
• Is it better to understand security in the IoT as “device security” or as “network security?” How are priorities set?
• What are some of the implications of a data breach of an IoT-connected device? If a security breach does occur, does this leave potential for a chain reaction of breaches across systems? How could the likelihood of this problem be reduced?
• Should the legal system incorporate IoT breach notification laws? Who should be notified, and who is responsible for notification and mitigation of damages from a breach?
Moderator: Andy Roth, Partner, Dentons US LLP
Mark Eichorn, Assistant Director, Bureau of Consumer Protection,
Division of Privacy and Identity Protection, FTC
Edward Felten, Robert E. Kahn Professor of Computer Science and
Public Affairs and Director of the CITP, Princeton
J. Alex Halderman, Assistant Professor of Electrical Engineering and
Computer Science, University of Michigan
Steven B. Roosa, Partner, Holland & Knight
Session 3: Smart Objects and Regulation (11:15am – 12:45pm)
This panel will explore how the IoT intersects with key regulatory areas. The session will address the issues of product safety and tort law, data aggregation and privacy, bandwidth and telecommunications law, and the impact of corporate and finance law on the development of an IoT. Some questions to be addressed by the panel are:
• What kinds of tort liability may arise from the use or sale of IoT-connected items, and does the IoT affect traditional tort liability?
• Who should have access to data streams? How should access be obtained? Should there be any procedural checks in place? If so, what should they be?
• How should bandwidth be allocated? Are there certain industries that should receive priority access to spectrum? Will there ever be a problem with access and connectivity?
• How do corporate and financial regulations affect start-ups and capital investment for the IoT?
Moderator: Joseph V. DeMarco, Partner, DeVore & DeMarco LLP
Joseph Alhadeff, Vice President for Global Public Policy and
Chief Privacy Strategist, Oracle
Mark Geistfeld, Sheila Lubetsky Birnbaum Professor of Civil Litigation,
New York University School of Law
Thomas Halket, Partner, Halket Weitz
Scott R. Peppet, Professor, University of Colorado-Boulder
Gerard J. Waldron, Partner, Covington & Burling LLP
Lunch and Keynote Address (12:45pm – 2pm)
The Hon. Julie Brill
Commissioner, Federal Trade Commission
Session 4: Connected Health Care (2pm – 3pm)
This panel will explore some of the implications for an IoT in the health care sector. The IoT’s ability to assist healthcare providers and patients in up-to-the-moment diagnosis and treatment raises a host of legal issues. Questions that the panel will address are:
• What are some of the major issues that arise from an interconnected system of medical devices and healthcare?
• The medical devices industry is heavily regulated; so what difficulties will medical professionals, patients and innovators face if utilizing an IoT? Is HIPAA sufficient to protect patients even in the face of the IoT? How might the IoT affect traditional medical malpractice liability?
• Health optimization: how will the IoT affect general wellness? What effects will this have on the insurance industry? What about government-mandated insurance?
Moderator: Falguni Sen, Professor of Management Systems and Director, Global Healthcare
Innovation Management Center, Fordham University
Russell L. Jones, Partner, Cyber Risk Services, Life Sciences and
Health Care Sector, Deloitte & Touche LLP
Frank Pasquale, Professor, University of Maryland Carey School of Law
Heather Patterson, Fellow, Information Law Institute,
Department of Media, Culture and Communications, New York University
Bradley Merrill Thompson, Member, Epstein Becker & Green, P.C.
Session 5: Concept to Shelf-- Marketing, Merchandising and Retail (3:15pm – 4:30pm)
This panel will discuss how the IoT will affect the traditional spaces of marketing, merchandising, and retail. From fashion design to shelf space, the IoT may help the retail trades optimize and streamline the process of bringing goods to market, including the optimization of production and just-in-time delivery, product placement, and advertising. This panel will seek to explore some of the challenges and advantages of connecting and virtualizing all the steps from design and development, the production line, and the merchandising floor. Questions the panel will cover:
• Is there a way that technology may be adapted to the needs of smaller operations, as well as to the larger department stores and discount fashion chains? What are the advantages smaller operations and start-ups may gain from a network of systems? How will aggregation and analysis affect the role of brick-and-mortar stores? How will it optimize the way we shop?
• How do we stay ahead of some of the privacy issues of interconnected clothing or personal items, and networked systems? How does the IoT currently affect designers, producers, and other members of the supply chain? How will it affect them in the future?
• Are there other aspects that should be regulated, and why (e.g., specific forms of anti-competitive behavior)?
Moderator: N. Cameron Russell, Executive Director, Fordham CLIP;
Adjunct Professor, Fordham Law School
Marell Battle, Store Manager, Nicholas Kirkwood Ltd.
Flora Garcia, Privacy and Security Counsel
Amanda Parkes, Founder and CEO, Skinteractive Studio;
Visiting Scientist, MIT Media Lab
Rob Sanchez, Chief Strategy Officer, Manufacture New York
Susan Scafidi, Professor and Academic Director, Fashion Law Institute,
Fordham Law School
Reflections on the Challenges and Opportunities (4:30pm – 5:00pm)
Moderator: Joel R. Reidenberg, Stanley D. and Nikki Waxberg Chair and Professor of Law,
Fordham; Microsoft Visiting Professor of Information Technology Policy, Princeton
The Hon. Denny Chin
US Court of Appeals for the 2nd Circuit
The Hon. Marilyn Patel (ret.)
US District Court for the Northern District of California
Closing Cocktail (5:00pm)
*6 non-transitional professional practice CLE credits available.