Media Law Resource Center

Serving the Media Law Community Since 1980

Legal Frontiers in Digital Media 2010

May 6 - 7, 2010, Stanford University, Palo Alto, CA

If you missed the conference (or want to listen to a panel again!), an audio recording of all of the panels are available on iTunes U for free. We've linked them below, or just search for "Legal Frontiers in Digital Media" (and sort by Collection):

This conference included six sessions that ran over one afternoon and the following morning. A reception at the Stanford Faculty Club was held for all attendees at the end of the first day of the conference.

Conference co-chairs:

Steve Tapia (Microsoft)
James Chadwick (Sheppard Mullin)

Chairs Emeritus

Bruce E. H. Johnson (Davis Wright Tremaine)
Andy Mar (Microsoft)

Banners, Beacons, and Behavioral Targeting: Internet Advertising Technology and Business Models

The conference begins with an in-depth look at how advertising technology works. We'll talk about ad serving, ad networks, cookies, web beacons, javascript, and flash cookies, consumer profiling, behavioral and contextual targeting, deep packet inspection, and the like. Then we'll have a wide-ranging discussion about current and emerging advertising revenue models with leaders in the digital advertising space (including discussion of hardware, new forms of advertising, and data mining).


Jon Hart, Partner, Dow Lohnes PLLC, Moderator
Matthew Carr, General Manager, Microsoft Advertising
Alissa Cooper, Chief Computer Scientist, Center for Democracy & Technology
Dave Hills, General Partner, KPG Ventures
Pam Horan, President, Online Publishers Association
Lincoln Millstein, Senior Vice President for Digital Media, Hearst Newspapers

Enter the Lawyers: Legal Issues for Internet Advertising Technology and Business Models

Increased focus on new business models, data mining, and targeting raise complex legal and policy issues related to privacy, liability, and transparency. Our panel of lawyers and government affairs professionals will highlight the important challenges related to protecting users' privacy while maximizing potential revenue streams. We'll also discuss the industry's efforts at self-regulation and potential government regulation of online advertising and targeting. Finally, we'll look at emerging legal theories that could be used to protect online publisher's content from unauthorized use by third parties.


Andy Mar, Senior Attorney, MSN, Moderator
Pam Horan, President, Online Publishers Association
Nicole Ozer, Technology and Civil Liberties Policy Director, ACLU of Northern California
Brian Pass, Partner, Sheppard Mullin
Halimah DeLaine Prado, Product Counsel, Google

Ethical Issues in the New World of Journalism and Content Distribution

This panel will explore a host of ethical dilemmas, including issues raised by the potential paradigm shift in the funding of journalism, as well as the shift from relying on staff reporters to relying on independent journalists/bloggers. Additionally, the panel will explore the long-standing conundrum of reviewing/writing about products/services provided by major advertisers, with new twists in the online world and the blurred line between editorial and advertising content. Finally, we'll explore issues raised by corporate/journalist/blogger interactions with various social networking media.


Roger Myers, Partner, Holme Roberts & Owen LLP
Dawn Garcia, Deputy Director, John S. Knight Fellowships at Stanford
Evan Hansen, Editor in Chief, Wired.com
Robert Rosenthal, Executive Director, Center for Investigative Reporting
Eric Schuldt, Vice President, International Legal and Compliance at CBS Interactive (fka CNET Networks)

Government Policy Developments: What the Government May Do To You

As traditional media outlets reinvent themselves and new outlets emerge and expand, questions arise about the appropriate direction for regulation and policy. Are current regulations fostering innovation and promoting competition? Is more or less regulation needed to ensure the viability of sources of news, information, and entertainment? In this session, industry and government experts will address new directions in digital media regulation, including those related to:

Advertising. Panelists will discuss developments in law and regulation governing behavioral advertising, embedded advertising and related privacy issues.

Technical and Infrastructure Issues. Congress and the FCC are evaluating how to promote and expand broadband availability, affordability, and adoption. How will their decisions affect the business plans of content providers, application developers, device manufacturers, and the wired and wireless infrastructure? Panelists will discuss developments concerning the National Broadband Plan, spectrum allocation, net neutrality, interoperability and related issues.

Future of Journalism. Citing a potential crisis for traditional forms of journalism, both the FTC and FCC recently commenced comprehensive examinations of the state of media in the US. Panelists will discuss the concerns raised by the agencies and the challenges facing investment in hard journalism today.

Content: Panelists will discuss how Congress, federal agencies, and international laws and agreements may change the rules for content on the Internet and other platforms.


Erin Dozier, Associate General Counsel, National Association of Broadcasters, Moderator
Pablo Chavez, Managing Policy Counsel, Google
Elizabeth Hammond, Vice President and General Counsel, Nexstar Broadcasting
Sherrese Smith, Legal Advisor to Chairman Genachowski, Federal Communications Commission
Joe Waz, Senior Vice President, External Affairs and Public Policy Counsel, Comcast Corporation

Do I Need Permission for That?: Copyright, Fair Use, the DMCA, and New Open Licensing Models

Among the first ultimatums of the Twenty-First Century to content distributors is: Collaborate and connect or commoditize. This terse mandate unpacks to include Copyright, Fair Use, the DMCA, Open Licensing Models as broad topics and more specifically includes, among many others, Veoh, Cablevision, MP3, BitTorrent, class actions as privatized proxy legislation, and gardens of content accessed by pay walls.

As the initial irrational optimism of the internet wanes, we settle into knowing the web as the internetworked constellation of disruptive technologies. This panel will address the issues of 'radical sharing' and discuss how competitive advantage in content distribution is re-aligning with emerging new measures of success and value.


Kate Spelman, Partner, Cobalt LLP, Moderator
Anthony Falzone, Executive Director/Fair Use Project, Center for Internet & Society, Stanford Law School
Kirsty Melville, President and Publisher, Andrews McMeel Publishing, Book Division
Steve Tapia, Senior Attorney/Copyright & Trade Secret Group, Microsoft

Legal Frontiers in Blogging, Social Networks and the Internet

This panel will discuss a myriad of topics, including

  • Revisiting consumer criticism and gripe sites in light of new CDA and Lanham Act case law
  • New copyright and DMCA decisions involving BitTorrent and UGC sites and their impact on law and business developments
  • Latest law on preemption of third party IP claims
  • The $30 Million + jury verdict in Louis Vuitton Malletier v. Akanoc Solutions, Inc. and its impact on secondary trademark liability
  • Potential investor liability
  • Circuit splits and other differences in the law applied in different venues


Ian Ballon, Partner, Greenberg Traurig, Moderator
Dan Cooper, Vice President, Business & Legal Affairs at MySpace, Inc.
Zahavah Levine, General Counsel & VP Business Affairs, YouTube, Inc.
Corynne McSherry, Senior Staff Attorney and Kahle Promise Fellow, Electronic Frontier Foundation
Ben Sheffner, Production Counsel at NBC Universal and author of the blog "Copyrights & Campaigns"

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