Tenth Law and Information Society Symposium

May 13, 2016

#clipatten

Fordham University School of Law
The Costantino Room | Skadden Conference Center
150 West 62nd Street
New York, NY 10023

CLIP, Center on Law and Information Policy, Fordham Law School, Reflecting on the Past, Present, and Future of Law and the Information Society

About the Symposium

In 2005, Fordham Law School brought together leading academics in the then-emerging field of information law for a two-day symposium entitled Law and the Information Society that helped launch Fordham CLIP. One of the key goals for the conference was to highlight the emergence of the field itself for the academic community. Since then, the private and public sector uses of the Internet have expanded, mobile devices and applications have exploded, location and tracking technologies have become ubiquitous, social media platforms are everywhere, connected devices are mushrooming, and data has emerged as a core commodity in the U.S. economy. The information law field now permeates virtually every facet of daily life. This conference revisited the themes from 2005 to reflect on the past decade, present time and future decade of law and policy for information practices and technologies.

In essence, we asked: What did we correctly predict in 2005? What did we get wrong? What has changed? What remains the same? What did we learn over the last decade that may predict what the information society will look like in 2026? What does the trajectory of technology, law and policy say about our future? Each panel started with a short presentation on the evolution of the area to set the stage. The panels then were an informal, moderated roundtable discussion with a select group of experts followed by a question and answer session from the audience.

 

  • Panel 1: Setting the Stage (9:15 - 9:45 a.m.)

    This session will introduce the themes of the day. The moderators for each panel will set the stage for the issues that have shaped the last decade in information law and that are on the agenda for the next decade.

    Moderator:
    Joel R. Reidenberg, Stanley D. and Nikki Waxberg Chair and CLIP Academic Director, Fordham Law School

    Panelists:
    Hugh C. Hansen, Professor of Law, Fordham Law School; Director, Fordham Intellectual Property Law Institute

    Paul Ohm, Professor of Law, Georgetown University Law Center

    Daniel J. Weitzner; Principal Research Scientist, MIT Computer Science and Artificial Intelligence Lab; Director, MIT Internet Policy Research Initiative

    Kevin Werbach, Associate Professor of Legal Studies and Business Ethics, The Wharton School, University of Pennsylvania; Founder, The Supernova Group

    Felix Wu, Professor of Law; Faculty Director, Cardozo Data Law Initiative (CDLI); Cardozo School of Law

  • Panel 2: Intellectual Property and Public Values (9:45 - 11 a.m.) [1.5 CLE credits]

    This panel will explore the relationship between public values and intellectual property rights. Some questions for the panel to consider are:

    • What were the most significant legal and technical developments of the last ten years affecting intellectual property practice in the network economy?
    • What is the future for the open source movement in copyright and patent? Are there other current challenges?
    • What intellectual property issues are likely to be on the public agenda in the next ten years?

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

    Kickstarter Presentation:
    Jennifer L. Pariser, Vice President and Executive Director of Academic Outreach, Motion Picture Association of America

    Roundtable Discussants: 
    Eleanor M. Lackman, Partner, Cowan DeBaets Abrahams & Sheppard LLP

    Gerard J. Lewis, Jr., Senior Vice President, Deputy General Counsel & Chief Privacy Officer, Comcast Cable Communications, LLC

    Jeremy Sheff, Professor of Law; Director, Intellectual Property Law Center, St. John's University School of Law

  • Panel 3: Information Regulation and Freedom of Expression (11:15 a.m. – 12:45 p.m.) [1.5 CLE credits]

    This panel will consider the impact of regulation on freedom of expression in the information society. Some questions for the panel to consider:

    • What were the most significant clashes between the freedom of expression and the regulation of information?
    • How has the treatment of hate speech online evolved over the last 10 years? Should we continue to entrust expression policing to Twitter, Google, Facebook and other social media platforms?
    • How should we think about differing international approaches to filtering online content based upon divergent community standards, principles of free expression, and governmental regimes?
    • What will the public agenda look like for the next several years?

    Moderator:
    Daniel J. Weitzner; Principal Research Scientist, MIT Computer Science and Artificial Intelligence Lab; Director, MIT Internet Policy Research Initiative

    Kickstarter Presentation:
    Catherine Crump, Assistant Clinical Professor of Law and Associate Director of the Samuelson Law, Technology & Public Policy Clinic, UC Berkeley School of Law

    Roundtable Discussants:
    David Erdos, University Lecturer in Law and the Open Society, Faculty of Law; Fellow in Law, Trinity Hall; University of Cambridge

    David E. McCraw, Vice President and Assistant General Counsel, The New York Times Company

    Ari Ezra Waldman, Associate Professor and the Director of the Innovation Center for Law and Technology, New York Law School; Founder and Director of the Tyler Clementi Institute for CyberSafety

  • Lunch Keynote: Law and Technology (12:45 – 2:15 p.m.)
    This keynote will reflect on the relationship between law and technology.

    Speaker:
    The Hon. Jeremy Fogel, U.S. District Court for the Northern District of California,
    Director of the Federal Judicial Center

    Moderator:
    Joel R. Reidenberg, Stanley D. and Nikki Waxberg Chair and CLIP Academic Director, Fordham Law School

  • Panel 4: Responsibility and Liability on the Internet (2:15 - 3:30 p.m.) [1.5 CLE credits]

    This panel will explore the challenges of imposing liability for activities on the Internet. Some questions for the panel to consider are:

    • What aspects of intermediary liability now appear to be settled as compared to ten years ago? What remains in flux from the perspective of practitioners and industry? What challenges loom in the future providing significant uncertainty?
    • What liability issues are most prevalent in law practice? How are these shaping technical innovation?
    • How will the lessons from the past inform the debates over rules for connected devices in the Internet of Things?

    Moderator:
    Felix Wu, Professor of Law; Faculty Director, Cardozo Data Law Initiative (CDLI); Cardozo School of Law

    Kickstarter Presentation:
    N. Cameron Russell, Executive Director, Fordham CLIP; Adjunct Professor, Fordham Law School

    Roundtable Discussants:
    Niva Elkin-Koren; Director, Haifa Center for Law & Technology; Professor, Faculty of Law, University of Haifa

    Kathleen McGee, Bureau Chief, Internet Bureau, Office of the Attorney General of the State of New York

    Alexander H. Southwell, Partner, Gibson, Dunn & Crutcher LLP

  • Panel 5: Market Regulation and Innovation (3:30 - 4:15 p.m.) [0.5 CLE credits]

    This panel will discuss market regulation and its effect on innovation and industry growth. Some questions for the panel to consider are:

    • How has telecommunications regulation contributed to innovation in new technologies and the creation of new industries? What will net neutrality, or the absence of it, hold in store? Where are we going on key market regulation issues?
    • What role has intellectual property regulation, and patent regulation in particular, played in market innovation? What appears to be working? What changes do we need in our intellectual property systems moving forward?
    • How have standards organizations impacted the information economy? What is their role in the future?
    • What unexpected rules have affected or created new information markets?

    Moderator:
    Kevin Werbach, Associate Professor of Legal Studies and Business Ethics, The Wharton School, University of Pennsylvania; Founder, The Supernova Group

    Kickstarter Presentation:
    Julie Samuels, Executive Director, Tech:NYC

    Roundtable Discussants: 
    Deven R. Desai, Associate Professor of Law and Ethics, Georgia Institute of Technology, Scheller College of Business

    Flora Garcia, Privacy and Information Security Compliance, VP, Sr. Compliance Officer
    MUFG Americas

    Ellen P. Goodman; Professor of Law, Rutgers Law School; Co-Director, Rutgers Institute for Information Policy & Law (RIIPL)

    Olivier Sylvain, Associate Professor of Law, Fordham Law School

  • Panel 6: The Coexistence of Privacy and Security (4:30 - 5:30 p.m.) [1.0 CLE credit]

    This panel will focus on the complexities of privacy’s coexistence with security in a digital environment. Some questions for the panel to consider are:

    • How has the privacy debate evolved over the last decade in the networked society amid expanding commercial and government collection and use of data across sectoral lines?
    • Can privacy co-exist with law enforcement needs and government surveillance of electronic communications?
    • How will privacy and security issues play out in the international arena?

    Moderator:
    Paul Ohm, Professor of Law, Georgetown University Law Center

    Kickstarter Presentation:
    Andrea Glorioso, Counsellor, Digital Economy / Cyber, Delegation of the European Union to the USA

    Roundtable Discussants: 
    Andrea Matwyshyn, Professor of Law/Professor of Computer Science, Northeastern University; Visiting Research Collaborator, Center for Information Technology Policy, Princeton University; Affiliate Scholar, Center for Internet and Society, Stanford Law School

    David O’Neil, Partner, Debevoise & Plimpton LLP

    Rob Sherman, Deputy Chief Privacy Officer, Facebook