Digital Policy in an Information Economy

Presented by: The Digital Policy Institute and Ball State University

October 14 – 16, 2010 Sheraton City Centre , IN

Sponsors:

The Digital Policy Institute Presents: Digital Policy in an Information Economy Sheraton City Centre Hotel, Indianapolis IN Thursday, October 14, 2010 – Saturday, October 16, 2010

Register Online

Conference: The Agenda: This three-day-long seminar will address a Please click here for the conference schedule. range of law and policy issues related to the legal implications of the new National Four Reasons to Attend: Broadband Plan and contemporary digital privacy issues. The goal of Digital Policy in an 1. Timely: Need-to-know analysis following the Information Economy is to help business release of the National Broadband Plan. professionals, attorneys, regulators, 2. Comprehensive: Coverage of federal and policymakers, technologists and academics broadband issues. understand and obtain practical guidance on all aspects of the National Broadband Plan, 3. In-Depth: Special sessions on broadband including how digital communications is implications for healthcare and workplace affecting privacy, intellectual property, law and policy developments. healthcare, the workplace, and our economy. 4. Practical: A superb faculty of experts with decades of wide-ranging experience Sessions will feature expert panels, and through diverse disciplines. moderated discussions with policy experts and audience Q&A. Two networking breaks, breakfast and lunch are included on Thursday Who Should Attend? and Friday. Breakfast is included on Saturday. • Attorneys • Broadband hardware, software and Conference Co-Chairs: transmission suppliers • Human resources professionals Stuart N. Brotman J.D. • Healthcare organization professionals President, Stuart N. Brotman Communications • Government policymakers and employees • Business and economic development professionals

• Academics and students Jody Madeira, J.D. Bloomington, IN CLE Credits:

Attorneys can qualify for Indiana 13.3 CLE Barry Umansky J.D. Credits. Professor of Telecommunications; Senior Fellow, Digital Policy Institute, Ball State University

Presenters:

Nick Allard, J.D. Kym Kramer Patton Boggs LLP Pike Township School District Washington, DC Indianapolis, IN

Daniel L. Boots, J.D. Larry Landis Bingham McHale LLP Indiana Utility Regulatory Commission Indianapolis, IN Indianapolis, IN

Tim Brennan Jody Madeira, J.D. University of Maryland, Baltimore County Indiana University Baltimore, MD Bloomington, IN

Stuart N. Brotman, J.D. Jennifer Richter Stuart N. Brotman Communications Patton Boggs LLP Lexington, MA Washington, DC

Dwayne Buttler, J.D. Jeff Smulyan University of Louisville President & CEO, Louisville, KY Emmis Communications Indianapolis, IN Stanley Crosley, J.D. Inidiana University Center of Applied Cybersecurity Bret Swanson Research Entropy Economics LLP Bloomington, IN Indianapolis, IN

Mark Daigle David Terrell President, WherePRO, Inc. Office of Community and Rural Affairs Minneapolis, IN Indianapolis, IN

Mark Fischer, J.D. Scott Uecker Duane Morris LLP University of Indianapolis Boston, MA Indianapolis, IN

Greg Guevara, J.D. Barry D. Umansky, J.D. Bose, McKinney & Evans LLP DPI and Ball State University Indianapolis, IN Muncie, IN

Michael Hanley Robert Yadon DPI and Ball State University DPI and Ball State University Muncie, IN Muncie, IN

Sara Anne Hook, J.D. Ruth Yodaiken School of Informatics Division of Privacy and Identity Protection Indiana University Federal Trade Commission Bloomington, IN Washington, DC

Jonathan Huer Greg Zoeller Ball State University Attorney General Muncie, IN State of Indiana Indianapolis, IN

Conference Schedule

Thursday, October 14, 2010

8:00 am 9:30 – 10:15 a.m. Check-In/Registration and Continental Session 1: Alternative Solution to the Net Breakfast Neutrality Conundrum

8:45 - 10:30 am 10:15 - 10:30 am Session 1: Conference Welcome and Networking Break Broadband Overview 10:30 - Noon 10:30 - 10:45 am Session 2: Privacy in a Digital World Networking Break Noon – 1:30 pm 10:45 - Noon Luncheon – A Conversation on Digital Session 2: Non-FCC and Local Communications, Economic Development and Implementation Issues Policy Challenges

Noon - 1:30 pm Moderator Luncheon – Jeff Smulyan (Emmis Gerry Dick Communications) Discussants Stuart N. Brotman and Michael Hicks 1:30 - 3:00 pm Session 3: Broadband and Health Care: 1:30 - 3:00 pm Legal and Policy Developments Session 3: Intellectual Property: Copyright, Education & the National Broadband Plan 3:00 - 3:15 pm Networking Break 3:00 - 3:15 pm Networking Break 3:15 - 4:45 pm Session 4: Broadband in the Workplace: 3:15 - 4:45 pm Legal and Policy Developments Session 4: The Great Debate: The Public Option on Electronic Content 5:00 – 6:00 pm Cocktail Hour 5:00 – 6:00 pm Cocktail Hour

Friday, October 15, 2010 Saturday, October 16, 2010 8:00 am Continental Breakfast 8:00 am Continental Breakfast 8:45 - 10:30 am Keynote Speech – Greg Zoeller 8:30 – 9:20 am Attorney General, State of Indiana Session 1: Teaching of Technology 9:20 – 9:30 am 10:30 – 11:20 am Networking Break Session 3: The Intersection of Academia and Policymaking 9:30 – 10:20 am Session 2: Contemporary Issues in Digital Policy 11:20 – 11:30 am 10-minute break 10:20 - 10:30 am Networking Break 11:20 – 11:30 am BEA Business Meeting

Registration Levels: Professional – Full Conference (Thurs. – Sat., Oct. 14 – 16, 2010) $190.00

Professional – One day (Thurs., Fri., or Sat.) $125.00

Academic/Government $100.00

Students $50.00

Cancellation Policy: Full refund minus $10 processing fee for cancellation made seven days or more prior to event. Full refund minus $50 for cancellation made within two days prior to event.

Presenter Profiles

Thursday, October 14, 2010

Stuart N. Brotman, J.D. Stuart N. Brotman Barry D. Umansky, J.D. Communications DPI and Ball State University Lexington, MA Muncie, IN

Stuart N. Brotman is President of Stuart N. Brotman Barry D. Umansky is a professor in the Telecommunications Communications, a global consulting firm based in Department at Ball State University. Umansky formerly Lexington, Massachusetts. As a senior management held the Edmund F. and Virginia B. Ball Chair in adviser for domestic and international communications, Telecommunications at BSU. He is a communications information, Internet and entertainment industry clients, lawyer who has represented broadcasters and other he provides strategic business, financial, regulatory policy electronic media and has had an extensive communications and operations counseling, due diligence evaluations and career in government and industry. After work at radio management education for corporate CEOs, presidents and and TV stations in the Midwest during college and law other key executives. school, he served for seven years as an attorney doing communications policy work at the Federal Representative clients include AT&T; A&M Records, Inc.; Communications Commission ("FCC") in Washington, Allbritton Communications Company; Bank of America; D.C. Mr. Umansky then became Deputy General Counsel BankBoston; Compaq Computer Corporation; Continental with the National Association of Broadcasters ("NAB") in Cablevision, Inc.; Cox Cable Communications; Digital Washington, D.C. During his twenty years at the NAB Legal Equipment Corporation and EMC Corporation. and Regulatory Affairs Department, he had responsibilities for radio and television new technology and spectrum Mr. Brotman received his J.D. from the University of allocation issues, environmental and land use issues, California at Berkeley (Boalt Hall), where he served as Note station licensing and other regulatory matters. He edited and Comment Editor of the California Law Review. and co-authored many NAB publications, including several editions of the NAB Legal Guide to Broadcast Law and Mr. Brotman has written more than 300 articles and Regulation, the NAB Broadcaster's Guide to FCC RF reviews that have appeared in scholarly and professional Radiation Regulation Compliance and the NAB Contests, publications, including Broadcasting, Cable Lotteries and Casino Gambling Guidebook. Mr. Umansky Communications Magazine, Communications served as a member of the board of the former Week, Electronic Media, Journal of Communication, The Washington-based Electromagnetic Energy Association and National Law Journal, Network World, Satellite the National Antenna Consortium. Communications and Telecommunications; in law reviews published at Berkeley, Boston University, Hastings, He has been an active member of the Federal Michigan, and UCLA; and in The Boston Globe, Chicago Communications Bar Association and currently is on the Tribune, The Christian Science Monitor, The Journal of Board of Trustees of the Kansas Association of Commerce, The New York Times, U.S. News & World Broadcasters Foundation. Umansky also is a member of Report and The Washington Post. He also is the editor the American Bar Association and the District of Columbia of The Telecommunications Deregulation Sourcebook, a and Missouri bars. popular reference volume covering the broadcasting, cable television and telephone industries; Telephone Company He began his first two-year term on the Broadcast and Cable Television Competition, a pioneering anthology Education Association Board of Directors in April 2008. He dealing with technical, economic and regulatory aspects of has been reelected to serve in that capacity until April broadband networks; and the author of Broadcasters Can 2012. Negotiate Anything, a best-selling management education book for radio and television executives. He also is the In addition to undergraduate and graduate teaching author of Communications Law and Practice, the leading responsibilities and heavy involvement in university comprehensive treatise covering domestic and governance, Mr. Umansky is faculty advisor to three international common carrier and mass media regulation. Ball State student organizations: "Station WCRD" (for which he has filed several applications and reports at the FCC), the "Pre-Law Interest Group" and "Media Matters." Additionally, he is a senior fellow with the BSU Digital Policy Institute. Mr. Umansky is a frequent speaker at Larry Landis communications industry meetings and often is quoted on Indiana Utility Regulatory communications policy matters in industry and general Commission press and on radio and television programs. Indianapolis, IN

He is a graduate of Carleton College and the Washington University School of Law. Larry S. Landis, a Republican, was founder and President of Marketrends, Inc., a marketing/communication company in Indianapolis; and cofounder of American Grassroots LLC, prior to being appointed to the Indiana Utility Regulatory Commission in January 2003 by Indiana's late Governor Frank O'Bannon (D-IN). He was reappointed to a full term by former Governor Joe Kernan (D-IN) in July of 2004 and reappointed by Governor in December of 2007. In August 2003, he was named to the National Jennifer Richter, J.D. Association of Regulatory Utility Commissioners' (NARUC) Patton Boggs LLP Telecommunications Committee and is active in a number Washington, DC of roles on that Committee. Landis served on NARUC's Legislative Task Force, charged with developing Jennifer Richter co-chairs both the Public Policy recommendations for a rewrite of the nation's Department and the Technology and Communications telecommunications laws, was Vice Chair of NARUC's practice group at Patton Boggs. She brings years of in- Intercarrier Compensation Task Force, was appointed to depth experience in the communications field to her clients the Federal-State Joint Conference on Advanced in the industry. In addition to an impressive record Telecommunications Services in January, 2005 and is a representing prominent wireless carriers, she possesses an member of the Federal-State Joint Board on Universal insider’s knowledge of the business, gained while serving Service. Landis is the only state Commissioner currently as the vice president and general counsel of a wireless holding both a Joint Conference and a Joint Board communications company she helped build from its appointment from the FCC. formation to its ultimate sale to Sprint Corporation in 1999. She is recognized for exceptional depth in wireless Landis’ civic involvements include the Blankenbaker for broadband spectrum transactions and wireless regulation, Congress Executive Committee (1996 to 1998); the Board representing clients who are deploying wireless broadband of Directors of the Citizens Environmental Council (1982- networks and developing WiMAX and LTE technology. 94); Board of Directors, Event Technologies, Inc. (1993-97); the Governor’s Advisory Panel, Indiana Children’s Health As a partner at Patton Boggs, Ms. Richter represents a Insurance Program, Eligibility Committee (1998); the variety of communications and technology companies in Governor’s Ad Hoc Committee on Educational Finance regulatory, transactional, policy, bankruptcy and general (1972-73); Life member (1991-), former Member of the corporate matters, as well as pursuit of broadband Board of Trustees (1995-2004) and member of the stimulus and other federal funding opportunities. Executive Committee (1996-1999, 2001-04), Indiana Historical Society; the Board of Directors of the Ms. Richter represents clients before the Federal Indianapolis Association of Wabash Men (1999-), Communications Commission (FCC), the Universal Service Treasurer, 2007 and Vice President, 2008-09; Member of Administrative Company (USAC) – Schools and Libraries the Board, Indianapolis Ballet Theatre (1982-84); member Division and Congress. Her clients span the of the Indianapolis Symphony Orchestra marketing and communications and technology sector and include long-range planning committees (1985-97); The Nature wireless broadband carriers, PCS carriers, device Conservancy (1991-); member and Vice President (1975- manufacturers, spectrum licensees, real estate developers, 81) of the Board of Directors, USCO Adult Education service providers in the E-rate program, cable Committee (1973-81); member of the Executive companies/MVPDs, data centers and fiber optic Committee, Victory ‘90 (a statewide Republican legislative companies. campaign committee); the Board of the Visiting Nurse Service Foundation (2003-); and the Greater Wabash Ms. Richter clerked for Commissioner Julie Carnes of the Foundation. Sentencing Commission, and for the Media Bureau of the FCC.

David Terrell Executive Director Jeff Smulyan Office of Community and Rural President & CEO, Affairs Emmis Communications Indianapolis, IN Indianapolis, IN

On December 19, 2005, Lt. Governor Becky Skillman named Jeff Smulyan is the chairman and chief executive officer of David R. Terrell, a resident of Madison, Indiana, the new Emmis Communications, Indianapolis-based radio, TV and Executive Director for the Indiana Office of Community and magazine publishing company with operations in 10 U.S. Rural Affairs (OCRA). markets, as well as Hungary, Belgium, Bulgaria and Slovakia. A cum laude graduate of the University of Southern California Working with rural Indiana is not new territory for David with a B.A. in History and Telecommunications, Smulyan earned Terrell; he has experience in strategic planning, goal a Juris Doctor degree from USC School of Law. development, and implementing community-level actions to address communities’ needs. Before joining OCRA, he A public company since 1994, Emmis owns and operates 21 FM was the Executive Director of the Madison-Jefferson and 2 AM radio stations in the nation's largest markets; six County Economic Development Corporation (MIDCOR) and local, regional and national magazine operations; and the No. 1 lead Terrell Associates Consulting. radio network in Hungary and nine radio stations in the Flanders region of Belgium. Emmis is currently in the process of Mr. Terrell also has worked on several projects that were selling its 16 television stations and has announced the sale of aimed at the betterment of Southern Indiana. While 15 of them. In 1995, working with Southwest Indiana Network for Education (SINE), he facilitated the development of county-level, In 2000, Smulyan was honored with the American Women in employer-driven partnerships to advance lifelong learning Radio and Television's Silver Satellite Award, the National and workforce planning incentives. Association of Broadcasters' National Radio Award, and as Radio Ink's “Radio Executive of the Year.” In 1995, the radio With a vast experience in economic development, he has industry newspaper, R & R, voted Smulyan one of the 10 most worked in many capacities: as a member of the Indiana influential radio executives of the past two decades. He Human Resources Investment Council, past chair of the received the American Women in Radio and Television's Star Scott County Partnership, Executive Committee of the Award in 1994 and the Entrepreneur of the Year Award from Indiana Jobs Council, and most recently as Vice-President Ernst & Young the following year. In 2004, he was inducted of the Indiana Economic Development Association’s Board into the Broadcasting & Cable Hall of Fame. Other honors of Directors, before resigning to accept this appointment. include the Cystic Fibrosis Foundation's Breath of Life Award; the Jewish National Fund's Tree of Life Award; the Indianapolis Before joining the public sector, Mr. Terrell developed an Business Journal's Entrepreneur of the Year Award; the extensive background in manufacturing and management Leukemia Society Diamond of Hope Award; the State of while spending ten years in the private sector. During this Indiana's “Sagamore of the Wabash”; and he has been inducted time Mr. Terrell operated as the plant manager for Kokoku into the Indiana Business Hall of Fame. Steel Cord Corporation, a privately held Japanese company, in addition to serving in senior management positions for a In 1994, Smulyan was named by The White House to head the plastics company, as well as a property development U.S. Delegation to the Plenipotentiary Conference of the company. International Telecommunications Union. As a United States Ambassador, he represented the U.S. in various bilateral Mr. Terrell began his career in state government. His past meetings, negotiating a landmark agreement between Israel duties include Deputy Director of the Business Expansion and the PLO. Division of the Indiana Department of Commerce and as liaison to the steel industry in Northwest Indiana. In 2005, Emmis was named one of FORTUNE magazine's “100 Best Companies to Work For” and for the last two years, Emmis has been named one of the Best Places to Work in Indiana.

functional interfaces” where the user (i.e. nurse, patient, caregiver …) communicates with a knowledge base by making logical assertions (tell) and posing questions (ask) Sarah Anne Hook, J.D. based on domain specific knowledge representation, its School of Informatics ontologies, and ontological commitments. A knowledge Indiana University representation embodies an aspect of the reality, believed to be relevant, attending to some features and processes Bloomington, IN while ignoring others. Ontology – using a wide variety of

languages and notations - represents the content attended Sara Anne Hook is Professor of Informatics at the IU School to, more specifically the description of the concepts and of Informatics at IUPUI. She is also Adjunct Professor of relationships that can exist for an agent or a community of Law, Indiana University School of Law – Indianapolis, and agents observed. Knowledge representations and their Adjunct Professor of American Studies, School of Liberal ontologies are developed for the purpose of enabling Arts, IUPUI. Formerly, she was Head Librarian at the knowledge sharing and reuse. Ontology, as thus, is a Indiana University School of Dentistry and Associate Dean specification used for making ontological commitments. An of the Faculties for IUPUI. Dean Hook is a member of the ontological commitment is an agreement to use a American Intellectual Property Law Association, the Indiana vocabulary and data model in a way that enables State Bar Association, the International Legal Technology information systems to validate and interact with user Association (ILTA) and the American Association for State input conform to domain requirements. and Local History. She regularly publishes and gives presentations on intellectual property law, electronic discovery, legal technology, legal research techniques and issues related to privacy and security.

Sara plays a variety of musical instruments, including flute, viola and saxophone. She studies Baroque flute with Professor Barbara Kallaur of the Early Music Institute, Indiana University Jacobs School of Music. She is a Stanley Crosley, J.D. deltiologist and a member of the Rotary Club of Indiana University Center for Applied Indianapolis. CybersecurityResearch Bloomington, IN

Stan Crosley is the Co-Director of the Indiana University Center for Strategic Health Information Provisioning, a health information strategy and management center created through IU’s schools of Law, Medicine and Josette Jones Informatics. He is also a principal in Privacy and School of Informatics Information Management Services and Crosley Law Offices, LLC. Indiana University

Bloomington, IN Stan is the former Chief Privacy Officer for Eli Lilly

Company, where he initiated Lilly’s global privacy program Josette Jones is currently a professor at the School of in 1998. The program received the 2007 Innovation Award Informatics, Indiana University. Jones received her PhD, in from the International Association of Privacy Professionals. Nursing with Informatics focus at the University of Stan also co-founded and served as Chair of the Wisconsin-Madison (2002). She received her Licentiate in International Pharmaceutical Privacy Consortium and was a Commercial and Financial Sciences - Management member of the IOM Medical Information Systems, (Economische Hogeschool Sint-

Aloysius, Brussels, Belgium). Additionally, she received her Research and Privacy Committee. He serves on the boards Licentiate in Medical Social Sciences and Hospital Business of the Indiana Health Informatics Technology, Inc., the Administration (Katholieke Universiteit Leuven, Louvain, International Association Privacy Professionals, and The Belgium). She also has a licensure to teach in Higher Privacy Projects and is a member of the Brookings Institute Education (Katholieke Universiteit Leuven, Louvain, Experts’ Committee on Active Medical Product Belgium). Surveillance.

Josette’s area of expertise is Nursing Informatics, more Stan is a frequent Speaker/lecturer on health information specifically tasks analysis and conceptual design of technology (specifically, the sociological barriers and information systems for health care providers and aspects of HIT, including quality/safety of healthcare, consumers as well. Her long range goals and intentions are privacy, ethics, intellectual property, etc.), privacy and data to develop a program of research on “tell and ask” protection, research and information utilization, Friday, October 15, 2010 HIPAA/HITECH, EU Data Protection, International privacy and data protection, information governance, and all aspects of operating privacy programs.

Stan is a graduate of Hillsdale College with a BS in Biology/Chemistry and of Indiana University Maurer School Greg Zoeller of Law – Bloomington, where he received a JD with honors. Stan is a member of the board of Shepherd Community Center, dedicated to breaking the cycle of poverty on Indianapolis, IN Indianapolis’ east side, and is active in his church and community. Greg Zoeller was elected Indiana's 42nd Attorney General November 4, 2008 and sworn into office January 12, 2009. Before being elected Attorney General, Zoeller served as the chief deputy to Indiana Attorney General Steve Carter and also as chief of the litigation division and of advisory services, a position he held for eight years. In this capacity, he directed the Greg Guevara, J.D. overall administration of legal services of the office and Bose, McKinney & Evans LLP served as the delegated representative of the office in Indianapolis, IN carrying out its statutory authority. As the managing attorney for the office of 143 lawyers, he directed all Greg Guevara is a partner in the Labor and Employment litigation areas and work performed by outside counsel, Group, representing national, regional and local businesses leading the Office's efforts in achieving reform for in labor and employment matters and litigation. He has several non-profit entities and fighting public extensive experience representing, counseling and training corruption. As chief deputy, he served as the senior employers in all aspects of federal and state law advisor to the Attorney General to all agency heads and compliance, including discrimination (Title VII/ADA/ADEA), departmental counsel represented by the office and as sexual harassment, disability/reasonable accommodation, liaison to the National Association of Attorneys General FMLA, wage/hour, non-compete/confidentiality for Carter who had served as president of the agreements, trade secrets, executive compensation, association. severance agreements, alternative dispute resolution, personnel policies, employee handbooks, workplace Zoeller served as the Assistant to Vice President Dan investigations, lay-offs/reductions in-force, wage claims, Quayle in the White House from 1989-1991. He had wrongful discharge, unemployment compensation, and previously served then-Senator Quayle in both other federal and state employment laws. He also Washington and Indiana in legislative and executive represents management in traditional labor law matters, capacities since 1982. In these governmental positions including union avoidance, unfair labor practice claims, collective bargaining, and grievance arbitration. Mr. Zoeller provided legislative and political counsel and Guevara regularly represents employers in litigated managed five statewide offices. He served as Special matters in federal and state court and before Assistant to the U.S. Attorney General, Richard administrative agencies (including the EEOC, Indiana Civil Thornburg, in 1988 and as Senior Counsel to the House Rights Commission, and National Labor Relations Board). of Representatives Committee on Government Reform In addition, Mr. Guevara serves as general counsel to and Oversight in 1998. Shepherd Community Center and works with other faith- based non-profit organizations located in central Indiana. He was awarded a Sagamore of the Wabash by Governor Robert D. Orr in 1988 for his work for Senator Mr. Guevara began his law career with Bose McKinney & Quayle representing the State of Indiana. He was Evans LLP and then practiced with the Columbus, Ohio, selected to serve on the U.S. delegation to NATO in office of Jones Day. Before returning to Bose in August Brussels, Belgium as the Vice President of the Indiana 2006, he served as Managing Director and Legal Counsel Council of World Affairs in 1992 and led Airlift Indiana, a for Great Commission Ministries, Inc., an international private relief mission, to Bangladesh and another relief mission organization based in Orlando, Florida. His mission to Honduras following natural disasters in those experience in private practice, board governance and non- countries. profit management gives him the ability to provide practical guidance and sound management advice to Zoeller has served as an adjunct faculty member at businesses dealing with a full range of employment-related Indiana University-Purdue University at Indianapolis in issues. the political science department. He has been a delegate to the Republican National Convention and worked on numerous state and national political campaigns including the successful Bush-Quayle campaign in 1988.

An attorney licensed to practice in Indiana and Michael Hanley Washington DC, Zoeller is certified as a mediator and DPI and Ball State University had previously maintained a private practice Muncie, IN representing corporate and business clients as outside

counsel in strategic corporate planning, project and Michael Hanley is director of the Institute for Mobile Media business development and international law. Research and Associate Professor of Advertising in the A native of New Albany, Indiana, Zoeller graduated from Department of Journalism at Ball State University. He Indiana University School of Law at Bloomington in teaches advertising, branding, media planning and buying, 1982. He is married to Kerrie (Turner) and has three and media research. His research focus is mobile children, Gretchen, Katherine, and Michael. They are advertising and marketing. members of Christ the King Catholic Church.

Michael is recognized as one of the leading academic mobile advertising and marketing researchers in the United States. He has published multiple academic articles in journals, industry publications and books, and is Editor-in- Chief of the International Journal of Mobile Marketing, published by the Mobile Marketing Association. He also Tim Brennan leads the MMA’s Academic Outreach Committee. University of Maryland, Baltimore County His mobile advertising and marketing accomplishments Baltimore, MD include:  Leading Ball State University’s mobile research Tim Brennan’s research interests include electricity team in being named the global 2009 Academic restructuring, law and economics, space economics and Institution of the Year by the Mobile Marketing Association. policy, technology policy, regulation, and innovation. st  1 Runner Up in the AT&T Big Mobile on Campus Brennan coauthored Alternating Currents: Electricity and Challenge, as part of an iMedia iPhone Public Policy, which looks at the complex economic and advertising and news application course at Ball regulatory policy issues raised by the restructuring of the State in November 2009. electricity industry.  2008 TechPoint MIRA Award nominee as part of an Interactive Television News & Advertising Brennan is a professor of public policy and economics at Design Project at Ball State. the University of Maryland-Baltimore County. Previously,  Winner of the Mobile Marketing Association’s he served as an economist for the Antitrust Division of the Award for Overall Excellence in 2007. U.S. Department of Justice. During 2003 to 2005, he Michael has a Master of Arts in Journalism from Ball State served as a staff consultant to the Bureau of Economics of University and a Bachelor of Arts in Visual Design from the Federal Trade Commission, and during 2006 held the Purdue University. T.D. MacDonald Chair in Industrial Economics at the Canadian Competition Bureau. From 1996 to 1997, Brennan served as a senior economist for the Council of Economic Advisers.

Mark Daigle, President WherePro, INC. Minneapolis, MN

Mark Daigle is a 1999 graduate of the University of Minnesota Morris with a degree in Management. He discovered an interior location technology in 2008 and went on to become the Founder and President of Where- PRO LLC. Where-PRO delivers an innovative new system for locating smartphones inside buildings in real-time. This technology empowers retailers to create location-aware apps for use inside their stores. User privacy and device media, and privacy. He contributes to and is on the security have remained paramount considerations for advisory board of several legal publications, including Mark and his investors since the inception of Where-PRO theHastings Communication and Entertainment Law LLC in 2008. The Where-PRO system is highly secure and Journal and the Shidler Center’s e-journal, Journal of Law, limits data access through a proprietary, cloud-based Commerce & Technology, at the University of Washington system. School of Law. Mr. Allard also speaks frequently at professional conferences in the United States and abroad.

Mr. Allard taught for several years as an adjunct professor Ruth Yodaiken at both George Mason University Law School and the Georgetown University McDonough School of Business. He Division of Pivacy and Identity Protection is a frequent guest lecturer on campuses throughout the Bureau of Consumer Protection United States and holds several major alumni leadership Federal Trade commission positions at Princeton University, Oxford University, and Washington, DC the Rhodes Scholarship Trust.

Ruth Yodaiken is a staff attorney in the Federal Trade Mr. Allard is a graduate of Princeton and Oxford Commission’s Division of Privacy and Identity Protection. Universities, and was a Rhodes Scholar. After receiving his She investigates potential law violations relating to security law degree from Yale University, he served as law clerk for and privacy of consumer data. Ms. Yodaiken has a Chief United States District Judge Robert F. Peckham in San background in communications law and her work at the Francisco and for United States Circuit Judge Patricia M. FTC focuses in part on the intersection of communications Wald in Washington, D.C. and consumer protection law. Since joining the staff of the FTC, she has been involved in policy and casework in a variety of privacy and marketing areas, including mobile. Prior to joining the FTC, Ms. Yodaiken was an attorney at the Federal Communications Commission.

Gerry Dick Inside Indiana Business Indianapolis, IN

Nick Allard, J.D. In June 2000, broadcast news veteran Gerry A. Dick and Patton Boggs LLP technology entrepreneur Scott A. Jones formed Grow Washington, DC Indiana Media Ventures, LLC, a media company created to deliver Indiana business news and information through Nick Allard chairs the firm’s Lobbying, Political and Election multiple media sources. Mr. Dick is president and law practice. He draws on his understanding of legislative, managing editor of Grow Indiana Media Ventures and Mr. regulatory and administrative matters to counsel clients in Jones serves as chairman. the fields of telecommunications, information technology, health, energy, environmental law and higher education. Grow Indiana Media Ventures' properties include Inside His clients include domestic and international INdiana Business with Gerry Dick, Indiana's most watched organizations, ranging from start-ups to Fortune 500 local business television program; companies. He also represents non-profit organizations InsideIndianaBusiness.com; Inside INdiana Business Radio, and public and private universities. The INside Edge Morning Briefing and INside Edge Mid-Day e-newsletters and a variety of interactive media products. In addition to his experience in private practice, Mr. Allard has significant political and legislative experience. He Mr. Dick is a frequent keynote speaker and moderator on served as Administrative Assistant and Chief of Staff to the issues related to the Indiana economy and serves as a late Senator Daniel Patrick Moynihan from 1986 to 1987, business analyst for WISH-TV 8 (CBS, Indianapolis) and 93.1 and from 1984 to 1986, he was Minority Staff Counsel to WIBC (Indianapolis). the Senate Committee on the Judiciary, where he served as legal counsel to Senator Edward Kennedy. Citing his vision to create a multi-media company dedicated to growing Indiana's economy through quality Mr. Allard is a prolific author on a broad range of issues, journalism and education, Indiana Governor Joe Kernan including more than 20 articles on Internet law, new issued the state's top honor, the prestigious Sagamore of the Wabash, to Mr. Dick in February 2004. Later that year, he was recognized for his entrepreneurial spirit when he received the prestigious Ernst & Young Entrepreneur of the Year award. Mr. Dick has received four Emmy nominations for Inside INdiana Business with Gerry Dick and has also been recognized as Journalist of the Year by the Small Michael Hicks Business Administration. Ball State University Muncie, IN Mr. Dick's broadcast news background includes 14 years as a principal reporter and field anchor at WRTV (ABC) in Michael J. Hicks, Ph.D. is Director of the Center for Business Indianapolis. While at WRTV, Mr. Dick covered business and Economic Research and an Associate Professor of and economic development-related stories and reported Economics in the Miller College of Business. He came to on issues facing communities throughout Indiana and Ball State following stints at the Air Force Institute of neighboring states. His work received recognition from Technology’s Graduate School of Engineering and numerous organizations, including an Emmy nomination Management, and research centers at Marshall University for a 1993 series on Indiana companies doing business and the University of Tennessee. along the U.S.-Mexico border. He has also held reporter and anchor positions at television stations in Fort Wayne Michael's research has focused on issues affecting local and and Terre Haute. state economics. His work on the effects of federal regulation of energy and mining industries has resulted in Prior to the creation of Grow Indiana Media Ventures, Mr. testimony in state and federal courts and the U.S. Senate. Dick also served as senior vice president of the Indianapolis His work in modeling flood and hurricane damages has Economic Development Corporation, where he was received a number of awards and been heavily reported. responsible for a broad range of managerial and operational initiatives, including marketing, While he studies such diverse issues as local communications, advertising and media relations. While at telecommunication de-regulation, state tax incentives and IEDC, Mr. Dick led the creation and implementation of a local government consolidation, he is best known for his new economic development brand image for the research on Wal-Mart’s effect on local economies. He has Indianapolis region. authored one book on Wal-Mart and papers on the subject in the Eastern Economics Journal, Atlantic Economics Mr. Dick is a native Hoosier, born and raised in the Journal, Economic Development Journal, Regional Economic Vermillion County community of Clinton. He is a graduate Development, Journal of Private Enterprise andReview of of , which has recognized his Regional Studies. professional accomplishments with its Distinguished Alumni Award. He is a member of the board of directors of He received research and teaching awards from Tennessee, the Indiana Chamber of Commerce and Junior Marshall, AFIT and Ball State, and his research has been Achievement of Central Indiana. Gerry also serves on the highlighted in such outlets as the Wall Street Journal, New Board of Advisors at Indiana University-Purdue University York Times and Washington Post. He has appeared Indianapolis and the Dean's Executive Council at the Scott nationally on CSPAN, MSNBC, NPR’s “All Things College of Business at Indiana State University. He also sits Considered” and Fox Business News. on the ITRAC Advisory Board of the Indiana University Simon Cancer Center and is a founding member of the Hicks earned doctoral and master’s degrees in economics Dean's Advisory Council at the Indiana University School of from the University of Tennessee and a bachelor’s degree Informatics. Gerry also contributes his time and talents to in economics from Virginia Military Institute. He an the advisory boards of the DePauw University Pulliam infantry lieutenant colonel in the U.S. Army Reserves, Center for Contemporary Media, Rose-Hulman Institute of having served in combat and peacekeeping operations in Technology (Indianapolis Advisory Board) and serves as North Africa, Southwest Asia, Korea, and Japan. chairman of the Scholarship Selection Committee for Vectren Corporation. Since its inception in 1970, the Bureau of Business Research, now the Center for Business and Economic Mr. Dick is an active volunteer in a variety of community Research, has supported business faculty and provided events. He is married to the former Roz Redman of Dana, Indiana’s business community with research resources. Indiana. Roz and Gerry are residents of Lawrence Township in Indianapolis and have three children.

Dwyane Buttler, J.D. Mark Fischer, J.D. University of Louisville Duane Morris, LLP Louisville, KY Boston, MA

Dwayne K. Buttler, J.D., teaches mass communication law Mark A. Fischer's law practice is focused on solving and intellectual property courses at the University of problems and making deals for innovative companies, Louisville. As a presenter at regional and national institutions and individuals. Mr. Fischer’s clients are conferences, Buttler helps raise awareness of copyright law typically in the creative industries such as new media, and advocates for the preservation of crucial user rights — social networking, music, interactive entertainment, including the fair use exemption — within U.S. copyright information technology, software, television and law. He has made presentations that address copyright, publishing. He has particular experience in U.S. and licensing and preservation activities at national international copyright, licensing, copyright litigation, conferences of the American Library Association and the arbitration, open source, privacy and trademarks. He has a Associations of Colleges and Research Libraries. growing client base in the biotechnology and medical industries. At the core of Buttler’s research are new user needs that will require legal reform in an increasingly digital society. Mr. Fischer teaches Advanced Copyright at Suffolk Those needs include such activities as digital preservation, University Law School and has previously served as an online learning, electronic publishing and open access to adjunct faculty member, teaching entertainment law and scholarship. Buttler also is working in a regional effort to IP courses, at Berklee College of Music, Boston College Law understand and comment on issues that arise from so- School, Northeastern University School of Law and New called orphaned works in copyright law -- those for which England School of Law. the copyright owner is unknown or sometimes unknowable -- as part of a U.S. Copyright Office inquiry. He participated in two national "roundtable" discussions of those issues held by the Copyright Office and the Library of Congress.

Buttler’s publications include contributions to Complete Jonathan Huer Copyright: An Everyday Guide for Librarians Chicago, IL: Ball State University ALA Editions, 2004, by Carrie Russell and to Copyright Muncie, IN Essentials for Librarians and Educators, Chicago, IL: ALA Editions, 2000, by Kenneth D. Crews. Jonathan Blake Huer is Director of Emerging Technologies and Media Development at Ball State University. He is an Buttler earned a Doctor of Jurisprudence degree from avid storyteller who strongly believes in the right medium the Indiana University School of Law-Indianapolis and for the story. Jonathan has produced award-winning holds a Bachelor of Arts degree in telecommunications projects ranging from short films to the interactive movie from Indiana University - Purdue University “Alternate Endings” which is available on the iTunes App Indianapolis. He also has served as the senior store. He also helped create the Digital Corps, an award copyright analyst at the Copyright Management Center, winning interdepartmental student experience at Ball IUPUI, and as the director of information science at the State, which focuses on the craft of media creation. Advanced Research & Technology Institute, Jonathan’s first feature film, Vale Todo, was released by Indiana University. Maya Entertainment last year. He currently has two more feature films in pre-production.

Jonathan earned his bachelor’s degree in design from UCLA and MFA in film from the Peter Stark Producing Program at USC. He also has an Executive Certificate from MIT’s Sloan School of Management in Strategy and Innovation, is an Apple Master Trainer, and an Adobe Education Leader. His latest iPhone app, Figure It, is the leading app for competitive figure skaters.

Specialist. She loves having a foot in the “trenches” while being able to share those experiences with her pre-service Daniel L. Boots, J.D. students. Bingham McHale, LLP Indianapolis, IN During her career, Kym has won a handful of awards including Teacher of the Year at Eastridge Elementary Mr. Boots is the senior partner and former chair (1997- (1995) and Fishback Creek Elementary (2004); Golden 2009) of the Bingham McHale Intellectual Property & Apple Award (2006); Blue Ribbon Award for Exemplary Technology area. He concentrates his practice on School Library Media Program (2005). She has served on intellectual property counseling and litigation, including the Association for Indiana Media Educators (AIME) Board patent, trademark and export control licensing; copyright, as the Communications chairperson, and is currently trade secret and unfair competition matters; technology running for a position on the Indiana Library Federation procurement and transfer; patent and trademark (ILF) Executive Board. infringement and validity studies; preparation and prosecution of domestic and foreign patent and trademark Kym has written a couple of articles over the years, and has applications in a variety of arts; E-commerce; computer presented at various conferences including ALA and AASL. software and hardware licensing; domain name protection Her articles include: and dispute resolution, and trade secrets. Dan is also a member of the firm’s Manufacturing, Emerging Business,  Kramer, Kym and Connie Largent. Key Words in Media Law and Diversified Business Solutions teams. Instruction: Sift and Sort: The Answers Are in the Questions! School Library Media Activities Monthly, v21 n8 p33-37 Apr 2005.

Kym Kramer Bret Swanson Pike Township School District Entropy Economics LLP Indianapolis, IN Indianapolis, IN

Kym Kramer began her career as a second and third grade Bret Swanson is president of Entropy Economics, a teacher for six years in an urban district on the east side of research firm focused on technology and the global Indianapolis. While completing her Masters of Library economy, and of Entropy Capital, a venture firm that Science degree at IUPUI, Kym was hired to be an invests in early-stage technology companies. He is also a elementary media specialist in Pike Township. Pike is a visiting fellow at Digital Society. diverse urban school district with approximately 10,000 students on the northwest side of Indianapolis. She worked He previously was a senior fellow at The Progress & as an elementary (Gr. K-5) media specialist for 10 years. Freedom Foundation, where he directed the Center for In 2005 she was awarded a fellowship and began working Global Innovation. Swanson also was a senior fellow at the on a doctorate in Curriculum and Instruction at Indiana Discovery Institute and for eight years advised technology University—Bloomington. She also continued to work a investors as executive editor of the Gilder Technology half-time contract for Pike Township. She is currently Report. finishing her doctoral work at IU-B while serving as an Inquiry Specialist in Pike Township. In this role, she teaches Today, Swanson presents his “exaflood” research across evening classes for teachers as they learn how to use the globe and often writes for the editorial page of The inquiry with their students. Additionally, she facilitates the Wall Street Journal on topics ranging from communications monthly media specialist meetings for the 14 media bandwidth to monetary policy. specialists, supports the building media assistants, writes grants, co-chairs the district Literacy Fair planning group, He studies innovation, globalization, China, Internet traffic, and acts as the district’s Thinking Maps professional information theory, the stock market, and entrepreneurial development trainer. economics. He is guided by the Laws of Say, Metcalfe, and Moore, the Theorem of Shannon, and the Curve of Lifer. Kym also works as an adjunct instructor for the School of His most pioneering and speculative research, however, Library Science at Indiana University in Bloomington. Each concerns forces even more powerful and enigmatic — his fall she teaches S571 Inquiry for the Classroom Teacher, four children eight and under. and during the spring she teaches S671 School Media

Saturday, October 16, 2010

Scott Uecker Jody Madeira, J.D. Indiana University University of Indianapolis Bloomington, IN Indianapolis, IN

Professor Madeira joined the Indiana Law faculty in the fall Scott Uecker has worked in the broadcasting industry for of 2007. Her scholarly interests primarily involve the 17 years. His career experiences have ranged widely from intersection of law and emotion in criminal and family law. on–air work in radio news and sports to management Madeira is currently working on a manuscript to be positions in broadcast news, programming and engineering published by New York University Press on the application and to the allied fields of consulting and education. of collective memory to criminal prosecution and

sentencing, exploring the ways in which victims' families Uecker has worked for a number of Indiana radio stations, and survivors came to comprehend and cope with the but is probably best known for his work with Wabash Oklahoma City bombing through membership in Valley Broadcasting as director of news, operations, and community groups as well as through attendance and programming for Network Indiana. Under his direction, the participation in Timothy McVeigh's prosecution and network grew from 35 affiliates in 1990 to more than 100 execution. She is also actively involved in research on the stations in 1997. He is the creator of the Network Indiana legal implications of infertility and assisted reproductive Wire Service and the widely acclaimed radio program technology (ART). “Indiana Sports Talk.” In addition to his on–air news anchoring, Uecker’s sports play–by–play work includes Additionally, Madeira investigates the effects of legal eight years at the radio network level, during which he proceedings, verdicts, and sentences upon victims' broadcast 20 Indiana high school state championship families; the role of empathy in personal injury litigation; games. and the impact of recent developments in capital victims' services upon the relationship between victims' families and the criminal justice system.

After graduating from law school, Professor Madeira clerked for the Hon. Richard D. Cudahy at the U.S. Court of Appeals for the Seventh Circuit. She then came to Harvard as a Climenko Fellow and Lecturer in Law, where she taught legal research and writing as well as a seminar on the cultural life of capital punishment. Madeira also recently served as a Research Associate at the Capital Punishment Research Initiative at the School of Criminal Justice, University of Albany, State University of New York. Punishment Research Initiative at the School of Criminal Justice, University at Albany, State University of New York.

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