The conference, a joint production of the Media Law Resource Center and the Berkeley Center for Law & Technology, explores emerging legal issues surrounding digital content in today’s multi-platform world. Our 2017 Digital Conference will be held May 18th & 19th, 2017 at the Computer History Museum in Mountain View, CA. The Conference will feature six sessions running from 1:00 p.m. on May 18, with an early evening reception, through 1:00 p.m. on May 19th.
- Patrick Carome, WilmerHale
- Jordan Gimbel, Twitch
- Makesha Patterson, Google Inc.
Thursday, May 18, 2017
1) Cracks in the Safe Harbor: Digital Copyright at Home and Abroad
(1:10 p.m. to 2:25 p.m.)
Copyrights are granted globally and digital content on platforms is distributed globally. Therefore publishers and digital platforms must consider a global approach to content management and copyright. In the U.S., the notice and takedown provisions of the Digital Millennium Copyright Act give platforms breathing room to avoid liability for the distribution of user generated content – though an array of new case law adds complexity to DMCA safe harbor compliance. See, e.g., Mavrix Photographs, Vimeo, Lenz, & Grooveshark. European copyright law, on the other hand, increasingly appears to protect publishers and other rightsholders from digital platforms, which may be viewed as a threat. A recent CJEU decision, GS Media v. Sanoma Media, creates uncertainty at the least, and could create, in certain circumstances, copyright liability for mere linking to infringing materials. Similarly, at both the national and EU level, copyright reforms are being proposed and adopted that create new rights for publishers and burdens for digital platforms.
Ben Glatstein, Senior Attorney, Microsoft (Moderator)
Lisa Peets, Partner, Covington
Joseph Gratz, Partner, Durie Tangri
Caleb Donaldson, Copyright Counsel, Google Inc.
2) Europe's War on U.S. Platforms.
(2:40 p.m. to 3:55 p.m.)
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"
Jake Goldstein, Assistant General Counsel, Dow Jones (Moderator)
Robert Post, Dean, Yale Law School (Keynote)
Jens van den Brink, Attorney, Kennedy Van der Laan
Jonathan S. Kanter, Partner, Paul Weiss
Daphne Keller, Director of Intermediary Liability, Stanford Center for Internet & Society
3) To Be Announced.
(4:10 p.m. to 5:10 p.m.)
Friday, May 19, 2017
4) Under Fire: The Front Lines of Recent Section 230 Battles
(9:00 a.m. to 10:00 a.m.)
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), the FTC has targeted online advertising networks (FTC v. LeadClick), 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) while IMDb.com challenges a state law that -- among other troubling provisions -- could force it to edit user content (IMDb.com v. Becerra). Our expert panel will review the current landscape of Section 230 litigation, and highlight areas of concern for the coming years.
Makesha Patterson, Litigation Counsel, Google Inc. (Moderator)
Patrick Carome, Partner, WilmerHale
Ambika Doran, Partner, Davis Wright Tremaine
Aaron Schur, Senior Director of Litigation, Yelp Inc.
Brian Willen, Partner, Wilson Sonsini Goodrich Rosati
5) Bridging Divides: Interfacing with Law Enforcement and Intelligence Agencies
(10:15 a.m. – 11:30 a.m.)
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.
Samir Jain, Former U.S. National Security Council Senior Director for Cyber Policy (Moderator)
Shawn Bradstreet, U.S. Secret Service
Rick Salgado, Director of Law Enforcement and Information Security, Google Inc.
Catherine Crump, Professor of Law, UC Berkeley School of Law
6) Online Community Values: Free Speech and Social Responsibility in Privately Owned Forums
(11:45 a.m. – 1:00 p.m.)
This panel will explore increasingly common (and sometimes controversial) situations where digital companies must balance free speech, liberty, security and other interests of their users (along with the platform's own right to speak and create an atmosphere that is representative of its corporate values) where the law doesn't demand a particular action. This session will consider:
• How do we address the issue of filter bubbles and fake news?
• What policies might be adopted by platforms to assure that social media are open to diverse voices, even if they're not necessarily popular voices or politically correct?
• What is the right way to balance free speech and protections against harassment, cyberbullying and hate speech? What tools have been successful in striking a balance?
Nabiha Syed, Asst. General Counsel, Buzzfeed (Moderator)
Samantha Barry, Executive Producer for Social and Emerging Media, CNN
Brittan Heller, Director of Technology and Society, Anti-Defamation League
Elizabeth Banker, Associate General Counsel, Twitter