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Legal Frontiers in Digital Media 2020

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Our 2020 Webinar Series

An alternative to our annual conference on emerging legal issues at the intersection of digital media, freedom of speech, and law

 

June 18th - 11 a.m. PT/2:00 p.m. ET

Tough Issues and Hot Topics in CCPA Compliance

This session will explore some of the complex and challenging issues that digital media and digital platforms are facing in the wake of the newly enacted California Consumer Privacy Act and the recently-issued final Regulations. Stacey Schesser, Supervising Deputy Attorney General at the California Department of Justice, will provide insight on the Regulations and the current state of enforcement priorities for the Attorney General's office. Our panel will also consider CCPA-related litigation to date, including whether cases disclose major or surprising areas of risk, and/or enforcement challenges, and compliance challenges including approaches for the adtech, analytics and marketing ecosystem.

Speakers:

Tenaya Rodewald, Special Counsel, Sheppard Mullin (Moderator)
Will DeVries, Senior Privacy Counsel, Google
Stacey Schesser, Supervising Deputy Attorney General, California Dep't of Justice
Jim Snell, Partner, Perkins Coie

Registration ($25)

UC Berkeley School of Law certifies that this activity has been approved by the State Bar of California for 1.0 General Hours of Continuing Legal Education credit. If you are seeking credit for another jurisdiction, please check with your state bar to determine if California CLE credits are recognized, through reciprocity, in your jurisdiction. Those wishing to obtain CLE credit will be required to register their participation through a sign-in form that will be available during and immediately after the webinar.

 

Past Programs

Contact Tracing and other Data Use in Response to COVID: What Does the Law Allow?

It's possible that the US economy will be in a half-open, half-closed state for up to a year. Many entities, ranging from internet and technology giants to employers to businesses eager to reopen to the public, will be considering how and whether to collect and use data about individuals to understand the spread of COVID-19, increase safety, and otherwise respond to the pandemic. This webinar will discuss measures being considered around the world. Experts in privacy law will discuss the key legal rules that any entity needs to consider in collecting and using health, location or other data about individuals.

Speakers:

Jim Dempsey, Executive Director, Berkeley Center for Law & Technology (Moderator)
Kate Black, Shareholder, Greenberg Traurig
Emily Jones, Partner, Osborne Clarke
David Lieber, Senior Privacy Policy Counsel, Google
Jon Neiditz, Partner, Kilpatrick Townsend & Stockton LLP

Webscraping and Computer Fraud and Abuse Act Claims After hiQ

On September 9, 2019, the U.S. Court of Appeals for the Ninth Circuit affirmed a lower court's order granting a preliminary injunction barring LinkedIn from blocking hiQ Labs, a data analytics company, from accessing and scraping publicly available LinkedIn member profiles. More recently, the Supreme Court agreed to hear a criminal appeal, Van Buren v. United States, to determine if the Computer Fraud & Abuse Act applies to authorized computer system users who access information for unauthorized purposes. This webinar will discuss the impact of the hiQ decision, and forecast how the Supreme Court's upcoming decision will impact the law in this area. Our speakers will focus on the following questions:

(1) is the hiQ decision and other cases that have followed essentially a greenlight for the scraping of public-facing websites;
(2) how do you differentiate between "information presumptively accessible to the general public" and information for which authorization is generally required;
(3) will common law claims still be viable following these decisions;
(4) what do sites that want to prevent scraping of their data have to do in the aftermath of hiQ?;
(5) does the recent passage of the CCPA change the demand and desirability of scraped data, at least in the context of social media?; and
(6) how might the Supreme Court's interpretation of "exceeds authorized access" to a computer impact the future of online scraping?

Speakers:

Marc Zwillinger, Founder & Managing Member, ZwillGen (Moderator)
Orin Kerr, Professor of Law, UC Berkeley Law
Julie Lickstein, Deputy General Counsel, YipitData

Content Moderation and the Coronavirus

Recorded April 15th (One Hour) - Click to Watch

Digital platforms, already under scrutiny for their moderation practices, now find themselves fighting off misinformation about the coronavirus and handling other content-related issues while human reviewers are under stay-at-home orders. Our panel of speakers will discuss how platforms are responding to these challenges, including:

  • How are artificial intelligence and distributed networks of reviewers at home managing content review?
  • How is the pandemic affecting substantive content moderation decisions (whether related to the virus or not)?
  • How do platforms distinguish reliable medical information from false or misleading material?
  • Is transparency keeping pace with moderation practices?
  • What surprises are digital platforms encountering as massive numbers of new users move their real-world lives to digital space?
  • Will social media's critical role during the pandemic affect efforts to amend Section 230 or otherwise legislate moderation practices?
  • What will the internet look like after the crisis?

Speakers:

Jim Dempsey, Executive Director, Berkeley Center for Law & Technology (Moderator)
Daphne Keller, Director of Program on Platform Regulation, Stanford Cyber Policy Center
Robert Lewington, Director of Global Safety Operations, Twitch
Daren Orzechowski, Partner, White & Case
Neil Potts, Director of Content Policy, Facebook

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