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Home Legal Frontiers in Digital Media 2016 Legal Frontiers in Digital Media 2016 Curriculum – 2016 Legal Frontiers in Digital Media

Curriculum – 2016 Legal Frontiers in Digital Media



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 2016 Digital Conference will be held May 19th & 20th, 2016 at the Computer History Museum in Mountain View, CA.  The Conference will feature six sessions running from 1:00 p.m. on May 19, with an early evening reception, through 1:00 p.m. on May 20th.

UC Berkeley School of Law certifies that this activity has been approved for 7.75 general hours MCLE credit by the State Bar of California. Please check with your state bar to determine if California MCLE credits are recognized in your jurisdiction.

Conference co-chairs:

  • Joe Petersen, Kilpatrick Townsend & Stockton LLP
  • Jim Rosenfeld, Davis Wright Tremaine LLP

Chairs Emeritus:

  • Jonathan H. Blavin, Munger, Tolles & Olson LLP
  • Benjamin Glatstein, Microsoft Corp.


Thursday, May 19, 2016

1) Around the Block: New Realities in Ad-Blocked Digital Media
(1:10 p.m. to 2:25 p.m.)

With Ad Blocker software reaching critical mass, both on desktop and on mobile platforms, what will be the impact on a digital media that is so largely driven by advertising revenue? This session will cover the differences between the different ad-blocking apps, the reasons for their emergence, and how platforms, publishers, advertisers, and consumers are responding to the new environment. Included will be a discussion of Ad Block Plus's controversial "Acceptable Ads Program" in which major platforms have participated to keep their ads from being blocked. A diverse group of panelists will consider the various strategies that might be used to overcome – or co-exist with – ad blocking technology.

James Chadwick, Partner, Sheppard, Mullin, Richter & Hampton (Moderator)
Melissa Gallo, Senior Director, IAB Tech Lab
Nick Morgan, Copyright Attorney, Microsoft Corporation
Cooper Quintin, Staff Technologist, Electronic Frontier Foundation


2) Digital Media Meets Data Nationalism: Global Strategies to Cope
(2:40 p.m. to 3:55 p.m.)

By role-playing a series of take-down and user data request scenarios involving the EU, South America and elsewhere--even the US--a panel of experienced digital media counsel/insiders will provide both legal and practical guidance on facing the crazy quilt of challenges posed by national and cross-national demands and conceptions of privacy, security and free speech. The panel will also consider the pros and cons of a proposed global strategy for improvement.

Jeff Rabkin, Partner, Jones Day (Moderator)
Aaron Altschuler, Counsel, ZwillGen PLLC
Ed Britan, Regulatory Affairs Attorney, Microsoft Corp.
Bertrand De La Chapelle, Co-Founder & Director, Internet & Jurisdiction Project
Shantal Rands Poovala, Sr. Manager Online Legal Operations, Google Inc.


3) Crypto-Controversy: Beyond the San Bernardino iPhone Dispute
(4:10 p.m. to 5:25 p.m.)

While the legal battle between Apple and the FBI created a firestorm of controversy, this session will aim to take our audience beyond the sensational headlines and political rhetoric, and delve into the technology, legal issues and public policy concerns at stake. The discussion among these distinguished panelists will be geared to educate conference attendees, and the public, on the tension between privacy and law enforcement that has resulted from the advancement of encryption and security technology.

Sarah Jeong, Contributing Editor, Motherboard (Moderator)
Theodore J. Boutrous, Jr., Partner, Gibson Dunn & Crutcher LLP
Hon. Eileen M. Decker, U.S. Attorney for the Central Dist. of California
Jim Dempsey, Executive Director, Berkeley Center for Law & Technology
Daniel Kahn Gillmor, Senior Staff Technologist, ACLU
Hon. Stephen G. Larson, Partner, Larson O'Brien LLP


Friday, May 20, 2016

4) Lightning Round: Roundup of Key Legal Developments
(8:30 a.m. to 9:45 a.m.)

Our lightning round panel will discuss the key takeaways from new developments in topics critical to clients publishing, monetizing, and utilizing digital content, including: (1) the Lanham Act (including commercialization of online content), (2) the Computer Fraud and Abuse Act (including delegation and authorization to access on behalf others), (3) copyrightability (including APIs, and also Batmobiles), and (4) intermediary liability (including Section 230 and related protections).

Timothy Alger, Shareholder, Greenberg Traurig LLP (Moderator)
Jonathan H. Blavin, Partner, Munger Tolles & Olson LLP
Simon Frankel, Partner, Covington & Burling
Roger Myers, Partner, Bryan Cave LLP
Makesha Patterson, Litigation Counsel, Google Inc.

5) Copyrights and Wrongs: Reforming Copyright Overreach
(10:00 a.m. – 11:15 a.m.)

Copyright law is increasingly being used – contrary to its intended purpose of incentivizing works of creation by authors and artists -- by aggrieved persons wishing to remove negative or embarrassing content about them from the internet. While Section 230 and strong First Amendment protections obviate many avenues available to plaintiffs, copyright law – be it threatened or actual litigation, and/or DMCA takedown notices -- is often the strongest weapon in the toolbox for those seeking to block or remove unflattering criticism, political speech, photos, and reviews. This panel will examine the problem of copyright overreach, the limitations of the current laws' ability to deter inappropriate enforcement of copyright claims, and explore the pros and cons of various proposals to reform the law, such as a federal anti-SLAPP statute applying to copyright cases, s. 512(f) reform and restrictions on the assignment of copyrights.

Joe Petersen, Partner, Kilpatrick Townsend & Stockton LLP (Moderator)
Kelly M. Klaus, Partner, Munger Tolles & Olson LLP
Laura Prather, Partner, Haynes & Boone LLP
John Tehranian, Professor of Law, Southwestern Law School
Brad Young, Asst. General Counsel, TripAdvisor


6) Live and Everywhere: Digital Video in the Age of Vine, Snapchat & Periscope
(11:30 a.m. – 12:45 p.m.)

Remarkable advances in technology now allow every person with a smartphone, tablet or GoPro the ability to produce and distribute their own video content, immediately and globally. The recording of events from all angles presents challenges to content developers, who struggle to balance perspectives both literally and figuratively. What opportunities does this create for new types of content and distribution? What are the privacy, copyright and other content liability issues surrounding cheap easy access to live video production and distribution? How are entertainment companies and sports leagues dealing with the livecasting of paid events?

Jim Rosenfeld, Partner, Davis Wright Tremaine LLP (Moderator)
Dylan Budd, VP & Associate General Counsel, Ultimate Fighting Championship
Lauren Fisher, Chief Legal Officer, Vox Media, Inc.
Matthew Moore, Assistant General Counsel, BuzzFeed, Inc.
Dennis Wilson, Partner, Kilpatrick Townsend & Stockton LLP

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