Media Law Resource Center

 Conference Program | Podcast (download via iTunes) | Podcast (streaming)

The conference explores emerging legal issues surrounding digital content in today’s multi-platform world. Starting in 2014, MLRC is partnering with Berkeley Center for Law and Technology for this Silicon Valley-based set of sessions.

Our 2014 Digital Conference will be held May 15th & 16th, 2014 at the Computer History Museum in Mountain View, CA.  The Conference will feature six sessions running from 1:00 p.m. on May 15, with an early evening reception, through 1:00 p.m. on May 16.

6.5 hours of California general CLE credit is available for attendees.  Please note that CLE credits will not be available for the final session, Digital Media Venture Capital 2014.  Also, please check with your state bar to determine if California CLE credits are recognized in your jurisdiction.

Conference co-chairs:

• Rosemarie Ring, Munger Tolles & Olson
• Regina Thomas, AOL Inc.

Chairs Emeritus:

• Mark Kahn, Evernote
• Timothy Alger, Perkins Coie
• Kurt Wimmer, Covington & Burling

Thursday, May 15, 2014

1) Digital Video Convergence
(1:10 p.m. to 2:25 p.m.)

With all of the various video distribution platforms now in wide use: Web, iTunes, TiVo, Consoles, Slingbox-type forwarding, over-the-top (Netflix, Amazon, Hulu), Cable, and Broadcast, this panel will address the business environment, business models and legal challenges of putting together video content deals in the digital age.  We will invite business development people and/or lawyers from a device maker, an online portal, a subscription service and a traditional media company to discuss the various business models that compete for eyeballs on digital video platforms.

Panelists:  
Jordan Gimbel, Senior Director, Legal, Yahoo Inc. (Moderator)
Brian Andersen, Partner, LUMA Partners (Presentation)
Bob Heldt, Director of Engineering, Netflix
Karen M. Kramer, Founder & Managing Attorney, Zing Legal
Tara Maitra, SVP, General Manager, Content & Media Sales, TiVo, Inc.
Shashi Seth, President, Tribune Digital Ventures

2) Scraping Content: the CFAA, DMCA, and Terms of Use
(2:40 p.m. to 3:55 p.m.)

The Computer Fraud and Abuse Act—created in response to fears of cybercriminal attacks—has morphed into a potential tool for policing third-party scraping and access to websites. How and why are content hosting websites, such as LinkedIn, craigslist, and Facebook using the CFAA to police third-party uses of their and their users’ content? What are the risks for entities using third-party sites, such as data scrapers? What are the key issues, limits, and unresolved questions for CFAA enforcement, and how does the CFAA interact with other “access”-based statutes?

Panelists:    
Benjamin Glatstein, Senior Attorney, Microsoft Corp. (Moderator)
Jonathan Blavin, Partner, Munger, Tolles & Olson LLP
Neel Chatterjee, Partner, Orrick, Herrington & Sutcliffe LLP
Hanni Fakhoury, Staff Attorney, Electronic Frontier Foundation
Aaron Schur, Senior Director of Litigation, Yelp Inc.

3) Digital Media in the Age of NSA Surveillance
(4:10 p.m. to 5:25 p.m.)

This panel will cover the implications of US spying and data-collection on American digital media domestically and around the world, and explore how digital companies should respond in the wake of government demands for user information.  Should digital companies be standing up for their users' privacy and be more transparent about government intrusions – and practically speaking – can they in the current legal environment? Among other things, the panel will be walked through a hypothetical government investigation to underscore the limited options in-house counsel may face in the wake of a national security-based inquiry.

Panelists:    
Peter Canfield, Partner, Jones Day (Moderator)
Stewart A. Baker, Partner, Steptoe & Johnson LLP
Susan Freiwald, Professor of Law, University of San Francisco School of Law
Nate Jones, Attorney, Microsoft Corp.
Marc J. Zwillinger, Foundier, Zwillgen PLLC

Friday, May 16, 2014

4) Is Mobile Different?
(8:30 a.m. to 9:50 a.m.)

The evolution of mobile platforms and content:   As mobile usage and content explodes, and wireless devices proliferate into every aspect of our lives, how is mobile different from the wired internet?  This panel will explore the differing business models and legal issues, including FCC and regulatory, privacy and consumer protection and contracting issues.

Panelists:   
Daniel Waggoner, Partner, Davis Wright Tremaine LLP (Moderator)
Sue Glueck, Academic Relations Director, Microsoft Corp.
Mark Kahn, Associate General Counsel, Evernote
Gerard Waldron, Partner, Covington & Burling LLP

5) Online Advertising Mashup
(10:05 a.m. – 11:20 a.m.)

This session will explore the biggest issues in online advertising today, including:

• Interest-Based Advertising:  the latest on Do Not Track, the implications of platform-based opt outs such as Apple’s IDFA and Android’s Advertising ID, and how recent technological changes affect how companies engage users and how publishers monetize advertising inventory.
• Recent changes to the legislative landscape affecting online advertising, including CalOPPA’s Do Not Track Transparency amendment.
• The new COPPA Rule’s impact on online advertising, including interest-based advertising and handling known child users.
• How the EU’s cookie directive and changes to the EU Data Protection Regulation are changing advertising practices domestically and abroad.
• How advancements in technology permit advertisers to reach consumers across devices and to offer meaningful notice and choice in a changing technological landscape.

Panelists:
Meredith Halama, Senior Counsel, Perkins Coie LLP (Moderator)
Ken Dreifach, Counsel, ZwillGen, PLLC
Joanne McNabb, Director of Privacy Education and Policy, Office of the California Attorney General
Laura Pirri, Legal Director, Products, Twitter
David Wainberg, Privacy and Policy Counsel, AppNexus

6) Digital Media Venture Capital 2014
(11:35 a.m. – 12:50 a.m.)

This session will continue our tradition of closing the conference with a discussion among venture capital professionals, who will offer their views and forecasts on what to expect in the digital media landscape in the near term.

Panelists:    
Stephanie Zeppa, Partner, Sheppard Mullin (Moderator)
Stephen Bernardez, Principal, ONSET Ventures
Saad Khan, Partner, CMEA Capital
Ray A. Rothrock, Partner Emeritus, Venrock
Robert Siegel, General Partner, XSeed Capital

May 15-16, 2014 – Mountain View, CA

Thursday, May 15, 2014

12:00 PM - 1:00 PM
Registration

1:00 PM - 1:10 PM
Introductions

1:10 PM – 2:25 PM
Digital Video Convergence

2:40 PM – 3:55 PM
Scraping Content: the CFAA, DMCA, and Terms of Use

4:10 PM – 5:25 PM
Digital Media in the Age of NSA Surveillance

5:30 PM
Reception (sponsored by Google)

Friday, May 16, 2014

8:00 AM - 8:30 AM
Coffee

8:30 AM -9:50 AM
Is Mobile Different?

10:05 AM - 11:20 AM
Online Advertising Mashup

11:35 AM - 12:50 PM
Digital Media Venture Capital 2014