This symposium will explore the enforcement of, compliance with and remedies flowing from the law in the information society. In 2005, Fordham hosted the first Law and Information Society Symposium to explore what law is or should be applicable in the information society. In this second symposium, we continue our exploration of the law by examining enforcement, compliance and remedies. We will review these aspects in four different substantive areas: international privacy; intellectual property; consumer protection; and data warehousing. These areas have been selected because of their significance in the information society and because they are areas where regulation is currently evolving.

This symposium is open to the public

Registration Fee (No CLE): $40
Registration Fee + CLE (1 Day): $145
Registration Fee + CLE (2 Days): $290

To register with credit card payment, please fill out the PDF registration form attached below and fax the completed form to (212) 636-6984.

Day 1:

8:30 Registration & Continental Breakfast

Intellectual Property:

9:00 Opening Remarks

9:15 Panel 1: Notice and Take Down Process – Over-Enforcement?

This panel will explore the notice and take down process provided in the Digital Millennium Copyright Act. Panelist will discuss how rights holders are using the process to enforce rights, how intermediaries are responding to notices and what impact the process has on users and alleged infringers. The panel will discuss whether the process is both effective for rights holders and sufficiently protective for users. The panel will also explore how filtering software affects the process.

Moderator: Hugh Hansen, Professor of Law, Fordham Law School; Director of the Intellectual Property Institute

Panelists:

a. Jeffrey I. Klein, Partner, Goodwin Procter LLP
b. Wendy Seltzer, Visiting Assistant Professor, Northeastern University School of Law, Berkman Center Fellow
c. Jennifer M. Urban, Visiting Professor of Law, Stanford Law School, Clinical Associate Professor of Law, USC Gould School of Law
d. Raphael Winick, Assistant General Counsel, ESPN

10:45 Break

11:00 Panel 2: Secondary Liability and Remedies Post Grokster

This panel will discuss the remedies available for online copyright infringement after the Supreme Court’s decision in MGM v. Grokster. Panelists will generally discuss the trend of enforcing rights against intermediaries rather than direct infringers. They will explore who rights holders can seek a remedy against after Grokster and what impact the Perfect 10 decision will have on the contributory liability analysis. The panel will also consider whether the changing standards will lead to an increased level of responsibility placed on intermediaries.

Moderator: Wendy Gordon, Professor of Law, Boston University School of Law

Panelists:

a. David Fewer, Legal Counsel, Canadian Internet Policy and Public Interest Clinic, University of Ottawa
b. Jane Ginsburg, Morton J. Janklow Professor of Literary and Artistic Property Law, Columbia Law School
c. Sonia Katyal, Associate Professor of Law, Fordham Law School
d. Jennifer Pariser, Senior Vice President, Associate General Counsel, Litigation & Anti-Piracy, Sony BMG Music Entertainment

12:30 Lunch

Data Warehousing:

1:30 Panel 3: Individual Enforcement of Rights Against a Corporate Data Warehouser

Panelist will consider how privacy policies are enforced and what challenges exist to enforcement with respect to data warehousing. They will discuss whether consumers can or should be able to require the deletion of stored data and whether there should be opt-out options for users who do not want data regarding their use collected. Finally, they will consider what independent action individuals can take to protect themselves and whether independent action is a good alternative to regulation and public enforcement.

Moderator: Thomas D. Halket, Attorney and Chartered Arbitrator, Halket Weitz LLP

Panelists:

a. Pam Dixon, Executive Director, World Privacy Forum
b. Frank Pasquale, Professor of Law, Seton Hall Law School
c. Jules Polonetsky, Chief Privacy Counsel, AOL LLC
d. Latanya Sweeney, Associate Professor, Carnegie Mellon School of Computer Science

3:00 Break

3:15 Panel 4: The Challenge of International Compliance for Data Storage by Search Engines

This panel will explore compliance with the differing international regulations applicable to data storage by search engines. Specifically, the panel will consider when a search engine can be compelled to disclose user’s information and when search engines may have more freedom to withhold information. The panel will also discuss what search engines store and whether durational or privacy regulations apply to stored information. Panelists will consider how international differences impact business decisions and whether additional regulations or guidance are needed.

Moderator: Ira Rubinstein, Senior Fellow, Information Law Institute, NYU Law School

Panelists:

a. Robert Gellman, Privacy and Information Policy Consultant
b. Yael Weinman, Counsel for International Consumer Protection, Federal Trade Commission
c. Clifford R. Michel, Of Counsel, Orrick, Herrington & Sutcliffe LLP

4:45 Wine & Cheese Reception

Day 2:

8:30 Registration & Continental Breakfast

Consumer Protection:

9:00 Panel 5: Data Security Breaches – The Prelude & Aftermath

This panel will explore how companies comply with laws to prevent data security breaches and the remedies that are available to redress those breaches. Panelists will discuss the obligations of companies to keep personal information secure, what they should be actively monitoring, and when notice obligations kick in. They will consider what rights individuals have in the event of a data breach and how actively states are monitoring local data breaches and pursing responsible companies.

Moderator: Joseph V. DeMarco, Partner, DeVore & DeMarco LLP

Panelists:

a. Justin Brookman, Assistant Attorney General, NY Attorney General Office, Internet Bureau
b. Chris Hoofnagle, Senior Staff Attorney, Samuelson Law, Technology & Public Policy Clinic, UC Berkeley School of Law
c. Peter Swire, C. William O’Neill Professor of Law, Moritz College of Law at the Ohio State University
d. Alexander H. Southwell, Of Counsel, Gibson, Dunn & Crutcher LLP

10:30 Break

10:45 Panel 6: Credit Report Cases – Effective Remedies?

This panel will discuss how credit reports are being used in novel ways in the marketplace such as the underwriting of auto insurance and mortgage insurance and whether the practices in connection with those uses comply with the Fair Credit Reporting Act (FCRA). Panelists will discuss the potential concerns related to certain uses like those in Safeco Ins. V. Burr and what remedies are available for individuals under the FCRA. They will consider how damages for credit report misuse are measured and whether additional policing or regulation should be instituted.

Moderator: Susan Block-Lieb, Professor of Law, Fordham Law School

Confirmed Panelists:
a. Evan D. Hendricks, Editor/Publisher and Founder of Privacy Times
b. Terry Smiljanich, Senior Partner, James, Hoyer, Newcomer & Smiljanich
c. Andrew Smith, Partner, Morrison & Foerster LLP
d. Joel Winston, Associate Director, Division of Privacy & Identity Protection, Federal Trade Commission

12:30 Lunch

International Privacy:

1:30 Panel 7: Internal Investigations and Compliance With Transnational Data Flow Rules

This panel will examine how the restrictions on data flow from the EU to the US affect or complicate corporate internal investigations. The panelists will review the conflicting needs of global investigations and national EU data protection compliance and will discuss how companies weigh their opposing legal obligations in the EU and US. They will explore ways to develop a solution for the data flow problem and identify who needs to be involved in the process.

Moderator: Joel R. Reidenberg, Professor of Law, Fordham Law School; Director of Center on Law and Information Policy

Confirmed Panelists:

b. Jeffrey Cunard, Partner, Debevoise & Plimpton LLP
c. Jacqueline Klosek, Senior Counsel, Goodwin Procter LLP, Vice Chair of the Information Services, Technology & Data Protection Committee of the ABA’s Section of International Law
d. Franck DuMortier, Researcher in Law, CRID, Liberty in the Information Society Unit, Assistant Teacher, University of Namur