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Legal Frontiers in Digital Media 2022

Date: May 19-20, 2022

The annual conference on emerging legal issues at the intersection of digital media, freedom of speech, and law.

Thursday, May 19th & Friday, May 20th, 2022

Computer History Museum
1401 N. Shoreline Blvd.
Mountain View, CA 94043

The Media Law Resource Center and the Berkeley Center for Law & Technology are proud to present the next in this series of conferences that explores emerging legal issues surrounding digital content in today’s multi-platform world. The Conference will feature sessions running from 1:00 p.m. on Thursday, May 19th, with an evening reception, through 12:30 p.m. on Friday, May 20th.

This event is certified for 6.5 California MCLE Credits. 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.

Conference Co-Chairs

Remy Chavannes, Brinkhof
Ambika Kumar, Davis Wright Tremaine LLP
Jim Snell, Perkins Coie

Schedule and Agenda

Thursday May 19, 2022

Transparency and the First Amendment

1:10pm – 2:25pm
With direct efforts to control the moderation practices of social media sites encountering significant First Amendment challenges, some legislators have proposed mandatory disclosures regarding platforms’ decision-making as a less burdensome alternative. But do these proposals thread the regulatory needle, or are they an unwise and unconstitutional intrusion into the platforms’ exercise of editorial discretion? In this session, we’ll discuss the role of transparency in earning public trust and holding companies to account, the varieties of legislation on the table, and whether it is possible to mandate transparency within the First Amendment framework.

David Greene, Civil Liberties Director, Electronic Frontier Foundation (Moderator)
Alex Abdo, Litigation Director, Knight First Amendment Institute
Eric Goldman, Professor, Santa Clara University School of Law
Sean Li, Former Director of Trust and Safety and Legal Counsel of Discord
Caitlin Vogus, Deputy Director, Free Expression Project, Center for Democracy & Technology

The EU’s Rewrite of the Platform Content-Regulation Rulebook

2:40pm – 3:55pm
Europe is moving at pace to intensify the regulation of online platforms. The Digital Services Act, which is currently being finalized, represents a major overhaul and expansion of EU platform regulation, not least in the sphere of online content moderation. At the same time, individual EU countries as well as the UK are implementing their own national regimes. Our panel will bring you up to speed on latest developments, and offer insights into some of the far-reaching policy, operational, product and litigation implications which these regulations will have for online platforms of all sizes.

Remy Chavannes, Partner, Brinkhof (Moderator)
Bryony Hurst, Partner, Bird & Bird
Julie Ahrens Nelson, Director, Legal, Twitter
Agapi Patsa, Legal Counsel for EU Regulatory Affairs, Google

Who Moderates the Moderators? 

4:10pm – 5:10pm
In the absence of any consensus emerging from Congress, disputes over Section 230, social media moderation, and deplatforming decisions continue to be fought in the courts. This session will focus on recent developments in Section 230 and related First Amendment law, including: the statutes in Florida and Texas and pending state and federal legislation; First Amendment protection for content moderation decisions; conflicting judicial interpretations of FOSTA; and the application of Section 230 to state intellectual property claims.

Ambika Kumar, Partner, Davis Wright Tremaine LLP (Moderator)
Patrick Carome, Partner, WilmerHale
Elizabeth Banker, VP, Legal Advocacy, Chamber of Progress
Laura Ewbank, Assistant General Counsel, Microsoft

Friday, May 20, 2022

Social Media and the War in Ukraine

9:15am – 10:30am
At the time of Russia’s invasion of Ukraine, both nations were massively connected to the internet, and social media sites have emerged as both unique windows into the conflict and battlefronts in their own right. In this session, we’ll explore the legal and practical fallout from the war for social media. How will Western pressure on social media to shut down Russian state media and other disinformation affect the broader debate about content moderation? What are the consequences of services “shutting down” in Russia versus attempting to remain active? What role does social media play in documenting war crimes and building the historical record, and is that role consistent with data privacy laws?

Jeff Hermes, Deputy Director, Media Law Resource Center (Moderator)
Steve Crown, VP and Deputy General Counsel, Microsoft
Lothar Determann, Partner, Baker McKenzie
Alexa Koenig, Executive Director, Human Rights Center, UC Berkeley School of Law
Leighanna Mixter, Senior Legal Manager, Privacy, Wikimedia Foundation

A Briefing on the Emerging EU Law of Data

10:40am – 11:10am
The European Union is considering a range of legislation aimed to reshape the digital competitive landscape in relation to data and artificial intelligence. This presentation will provide an overview of these proposals, focusing in particular on the Data Act, Data Governance Act, and Artificial Intelligence Act, with the hope of explaining both what European legislators are trying to achieve with these initiatives, as well as some of the particulars that may be of interest to companies using data in Europe, or offering AI-based solutions in Europe.

Lisa Peets, Partner, Covington
Krishna Sood, Lead Counsel – Open Innovation, Microsoft

The Incoming Tide of State Privacy Compliance (and Acronyms): CCPA, CPRA, VCDPA, CPA, the UCPA and More

11:20am – 12:35pm
New state laws are set to go into effect in 2023, and the rulemaking process is underway. This panel of California and Colorado regulators will opine on the status of rulemaking as well as compliance strategies and enforcement trends that have the greatest impact on online platforms, and actions that platforms should consider to comply and to reduce their risk. In addition, this session will discuss the policy implications of new legislation being proposed in Congress to federally regulate digital privacy in the U.S. The panel discussion will include: a review of CCPA lawsuits and regulatory enforcement; the differences and similarities of CCPA, CPRA, VCDPA, CPA, and the UCPA (and now Connecticut, as well); the current state of rulemaking; and important areas to follow and strategies for participating in rulemaking and engaging in compliance.

Jim Snell, Partner, Perkins Coie (Moderator)
Stevie DeGroff, Assistant Attorney General, Colorado Department of Law
Stacey Schesser, Supervising Deputy Attorney General, California Department of Justice
Jennifer Urban, Chairperson of the Board, California Privacy Protection Agency

COVID-19 Protocols

All attendees must provide proof of full vaccination, and we will follow all masking and other protocols required by government or by the venue. 

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