A Center for Law, Technology, and Entrepreneurship at the University of Colorado

2009 ANNUAL REPORT

www.silicon-flatirons.org 1 This past year was marked by a number of transitions and continuing growth for the program. The election of led both Phil Weiser and I to take roles in the Presidential Transition Team (Phil overseeing the FTC transition and I working on the FCC Transition Team). For Phil, this stint presaged a temporary move to Washington, D.C. to re-join the Justice Department as a Deputy Assistant Attorney General for Antitrust. For me, Phil’s leave of absence brought me back to CU, taking over as Executive Director at Silicon Flatirons.

The Silicon Flatirons Center (SFC) began 2009 with a focus on an issue near and dear to my heart: the reform of how the FCC operates. The conference held in Washington in January was well attended, covered by C-SPAN, and helped to spearhead a focus on an issue taken up by FCC Chairman . Following on the heels of that conference, SFC had an event focused on Antitrust Law for the New Administration and our flagship conference focused on The Digital Broadband Migration: Imagining the ’s Future. In both events, a number of thoughtful leaders from government, academia, and industry wrestled with issues now being addressed in Washington, D.C.

The announcement in April that Phil Weiser would be moving on to a position in Washington and that I would be filling in for him during his leave of absence was a move made with great ambivalence all around. The Silicon Flatirons community was sorry to see Phil go while welcoming the Obama administration’s choice of a thoughtful scholar as public servant, I shared those sentiments and had not planned on postponing my retirement for an offer I could not refuse, and I know that Phil viewed going to Washington as both an opportunity and a challenge. All of these feelings were well expressed at the Passing of the Baton ceremony we held in June. With tremendous support, Silicon Flatirons has continued to grow and we are even taking on new frontiers.

The growth of Silicon Flatirons reflects both the energy and impetus of our three principal initiatives— policy, information and intellectual property policy, and entrepreneurship. Our fall events focused on Telecommunications Mission Regulation in Comparative Perspective and The Rise of Broadband Video and the Future of Digital Media. The latter included a keynote address by FCC Commissioner Meredith Attwell-Baker. Paul Ohm and Brad Bernthal have both continued to build up our programming in a most impressive fashion. This year, for example, Paul held two notable Elevating the Debate on Technology Policy...... 4-5 events, Evaluating Software Patents and Reforming Internet Privacy Law. And last spring, Brad kicked off the first ever Entrepreneurship Week at CU and the first annual Mile High Tech Entrepreneurship Conference and he will be repeating this feat this spring. To support Paul and Brad respectively, we engaged two great resident fellows over the last year, Catalyzing Entrepreneurship in the Colorado Technology Paul Shoning, a recent grad who focused mostly on entrepreneurship, and Wendy Seltzer, who is focused principally on Community...... 6-7 intellectual property matters. Finally, and very significantly, Anna Noschese continues to anchor all of our work as our Program Director and has brought on a Program Administrator, Jamie Stewart, who is the newest member of the Silicon Flatirons family. Inspiring Student Interest in Technology Law...... 8-9

In terms of our Adjunct Fellows, I am personally very gratified by all of their contributions to our important work. Ray Gifford has taken on numerous roles at SFC, spearheading our Institute of Regulatory Law and Economics (IRLE) program Output and hosting numerous events. Pierre de Vries has set a high bar for intellectual engagement, culminating in his stellar work capturing our summit on interchannel interference—an often misunderstood aspect of spectrum policy. Jonathan Academic and Research...... 10

Sallet has helped in innumerable ways, developing ideas for events, moderating panels, and making the case for innovation Table of Contents clusters, which is a topic I know we will explore in future SFC conferences. Tom Lookabaugh played a key role in a series of roundtables which produced a valuable report on Higher Education and Entrepreneurship in Colorado. Bryan Tramont 2009 Calendar of Events...... 11 continues to devote himself to our success, raising donations for the Hatfield Scholars and Research Fund and volunteering to teach every summer. Mark Cooper is a guiding light, whose passion and perspective animate many of our important conferences and summits, including our recent one on Smart Grid. Gigi Sohn is a terrific booster and partner, making People possible our FCC Reform effort launched early in 2009. Dick Green, who recently retired from CableLabs, is a huge asset to our research team and was recently a panelist at our October conference. Finally, we announced our newest Fellow, Preston Padden, who won’t officially join us until 2011, but whose wit and wisdom have long been a part of our Digital Affi liated Faculty and Fellows...... 12-13 Broadband Migration conferences.

I very much appreciate all of the support that so many have provided to both the program and me as I step into Phil’s shoes Silicon Flatirons Advisory Board...... 14 as Executive Director. I welcome and encourage all of those within our community to pass along their suggestions and interest in being more involved. Cheers, Supporters...... 15 Letter from the Executive Director

Dale N. Hatfield Annual Report photos compliments of w3w3.com

2 2009 Annual Report www.silicon-fl atirons.org 3 Silicon Flatirons would like to thank Brad Feld for a Toward An Effective Vision of Smart he Silicon Flatirons Center began 2009 with a focus on the reform of how the FCC operates. The generous contribution to underwrite the Roundtable Grid Policy Tconference held in Washington in January was well attended, covered by C-SPAN, and helped to Series on Entrepreneurship, Innovation, and Public June 15-16, 2009 in Boulder, CO spearhead a focus on an issue taken up by FCC Chairman Julius Genachowski. Following on the heels Policy. of that event, our series of conferences, roundtables, and summits included a number of thoughtful Radio Regulation: Defining Inter- leaders from government, academia, and industry that wrestled with issues now being addressed in The Social, Ethical, and Legal Implications of Channel Operating Rules Washington, D.C. Social Networking Summits September 8-9, 2009 in Boulder, CO January 22, 2009 in Boulder, CO

RoundtablesOpen Standards, Open Innovation, and the Rollout of IMS “Digital Copyright and Innovation Online: February 6, 2009 in Boulder, CO A Little Dose of Optimism,” a Public Reforming the Federal Communications Putting the Entrepreneurial Ecosystem in Lecture by Fred von Lohmann of the Commission Perspective Patents, Standards, and Innovation: Electronic Frontier Foundation January 5, 2009 in Washington, D.C. April 16, 2009 in Boulder, CO How Should Standard Setting Bodies View October 13, 2009 in Boulder, CO Keynote Speakers: Michael Copps, FCC Keynote Speakers: Bill Ritter, Governor, State of Patent Rights? Series Commissioner , Senior Advisor, Colorado; AnnaLee Saxenian Dean, School of March 20, 2009 in Boulder, CO The Role of Broadband in Public Safety McKinsey, Former FCC Chairman, Bill Kennard, Information, University of California at Berkeley and Homeland Security Communications Managing Director, Carlyle Group, Former FCC, The End of Scarcity, Open Architecture, and with Guest Speaker, Rear Admiral (ret.) Chairman Telecommunications Regulation in Comparative The Future of Broadband Competition Policy James Arden Barnett, Jr., Chief of the

Perspective May 5, 2009 in Washington D.C. Policymaker Public Safety and Homeland Security Antitrust Law for the New Administration September 9, 2009 in Boulder, CO Bureau, Federal Communication January 26, 2009 in Boulder, CO Keynote Speaker: William Webb, Ofcom Transparency Works Both Ways:

Conferences Commission Keynote Speaker: Jon Leibowitz, Commissioner, How Government 3.0 Technologies Can Reshape December 9, 2009 in Boulder, CO Federal Trade Commission The Rise of Broadband Video and the Future of Democracy Digital Media June 5, 2009 in Boulder, CO The Digital Broadband Migration: Imagining the October 12, 2009 in Denver, CO Institute for Regulatory Law & Internet’s Future Keynote Speakers: , Entrepreneurship and Higher Education Economics February 8-9, 2009 in Boulder, CO Commissioner, Federal Communications June 24, 2009 in Denver, CO May 15-20, 2009 in Aspen, CO Keynote Speakers: William Kovacic, Chairman, Commission; Mitch Berman, Chief Executive Federal Trade Commission; Richard Lynch, CTO, Officer and Co-Founder, ZillionTV Corporation; Innovation and Alternative Energy with Special New Institutional Economics Verizon Communications; Irwin Jacobs, Founder Gregory Maffei, President and CEO, Liberty Guest Ted Turner June 4-5, 2009 in Boulder, CO and Chairman of the Board, Qualcomm Media Corporation November 13, 2009 in Boulder, CO

Evaluating Software Patents Reforming Internet Privacy Law Google, ISPs, and Other Online Intermediaries: Workshops March 19, 2009 in Boulder, CO December 4, 2009 in Boulder, CO Power, Responsibility, and Regulation November 19, 2009 in Denver, CO Colorado Broadband Technical Conference April 1, 2009 in Denver, CO A full list of conference agendas and panelists can be found on our website. Elevating the Debate

Antitrust Conference Telecommunications Regulation Conference Digital Broadband Migration Conference Meredith Attwell Baker and Dale Hatfield Broadband Video Conference

4 2009 Annual Report www.silicon-fl atirons.org 5 ync Up: this is a core mission of Silicon Flatirons Center’s Entrepreneurship Initiative. Success is Monthly New Tech Meetups, In conjunction with several Colorado Law’s Entrepreneurial Smaking CU-Boulder more of an Entrepreneurial University that connects the resources of a world hosted by Robert Reich, founder academic centers and departments Law Clinic (ELC) provides law class research institution with the Front Range entrepreneurial community oriented around Information of OneRiot, attract over 300 on campus (the Deming Center students with unique, practical people to CU Law School. During for Entrepreneurship, the experience in transactional law Communications Technology – the Mile High Tech scene. meetings, emerging businesses E-Ship Program at the College while offering valuable legal lead show-and-tell demonstrations of Engineering, ATLAS, ITP services without charge to local The Entrepreneurship Initiative is about impact, inspiration, and insight. Three basic goals guide Silicon of their new technology. With and TTO), we have launched businesses that lack access to venture Flatirons Center’s Entrepreneurship Initiative: training dealmakers; serving as a nerve center for the over 1500 members and counting, a campus-wide business plan capital or angel investor resources. Mile High Tech community; and elevating the debate around entrepreneurship and innovation policy the Boulder/Denver New Tech competition comprised of By assisting entrepreneurs when Meetups serve as a nerve center for workshops, team building they need help the most, the ELC architecture. area start-ups, attorneys, business events, a pitch day and a provides Colorado Law students professionals, investors, and others final competition. The annual hands-on opportunities to make a in the Front Range entrepreneurial competition provides hands-on difference in the community. The Techcommunity. Meetups experience for developing a plan Clinic assisted over 25 clients in for a successful venture and will 2009, including start up companies The Entrepreneurs Unplugged Series provides aspiring entrepreneurs help further our goal of fostering founded by graduate students with examples of different career paths that have led to successful viable start-ups to emerge from and local entrepreneurs. Led by entrepreneurial ventures. Moreover, each program offers an the university and surrounding Associate Clinical Professor Brad opportunity for students, faculty, and community members to establish community. Bernthal, third-year Colorado Law students staff the Clinic under the meaningful networks, thereby helping to galvanize entrepreneurism at 2009 CU NVC Winners: joint supervision of a clinician and the University and in the community. Silicon Flatirons would like to experienced attorneys from top thank Jason Mendelson for a generous contribution to underwrite this First Prize: Knova Learning law firms in Boulder and Denver. series. The ITP Fall Challenge is co- The summer ELC was led by Brad Bernthal, Glenn Jones, Phil Weiser sponsored by Silicon Flatirons and Cooley Godward Kronish LLP Entrepreneurial Law Clinic Sue Kunz, Founder, Solidware Technologies, Inc. conducted by the Interdisciplinary Second Prize: 3QMatrix attorney Mike Platt and focused on CU New Venture Challenge February 18, 2009 Telecommunications Program. assistance to companies admitted to The competition took place on Third Prize: Fetcht Boulder’s TechStars program. December 5, 2009 during which Andrew McFarlane, Chairman and CPO, Buzzwire student competitors presented a March 18, 2009 Computer Science Award: case on the topic of TechoShark, Inc. before a panel of faculty and The Crash Course Series for Glenn Jones, Founder and Former CEO, Jones Intercable telecommunications industry Honorable Mention: Ap.igy Entrepreneurs provides focused April 15, 2009 judges. Ten teams comprised of ITP discussion on legal and business students entered the competition. topics that entrepreneurs will Sam Zell, Co-Founder and Chairman of Equity Group Investments The winning teams were: Most Innovative Award: Conifer Quantum Technology, confront when launching new Fall Challenge April 22, 2009 ventures. The meetings are open 1st Place: Team Net Rangers LLC to faculty, students, and the outside Vaseem Kazia, Nandini

EntrepreneursNiel Unplugged Robertson, Founder and CTO, Service Metrics community. Kembyranna Shankarappa and September 28, 2009 Shruti Reddy Marketing for Web-based Brad Bernthal, Mayor Nir Barkat, Robert Reich Startups David Cohen, Executive Director, TechStars 2nd Place: Team Vantage Tech With Laura Kornish October 19, 2009 Oluwatobi Adesdanoye, Suppapol January 27, 2009 Jaroonvanichkul and Uzoma Steve Halstedt, Co-Founder, Centennial Ventures Obowu Raising Venture Capital

November 2, 2009 With Jason Mendelson 3rd Place: Team Next Gen February 24, 2009 Nir Barkat, Mayor, City of Jerusalem Consultancy Services Purva Adke, Chandan Bhagat, November 4, 2009 Open Source Kedar Raje and Rohit Shetye Crash Course Series With Jason Haislmaier

October 27, 2009 Ted Turner, Chairman, Turner Enterprises, Inc. This event was made possible by the

Catalyzing Entrepreneurship November 13, 2009 generous contributions of Deloitte; Picking a Business Worth Intrado; Level 3 Communications; Starting Tim Enwall, President and Chief Operating Officer, Tendril and Perficient. We are grateful for Brad Feld and Phil Weiser With Paul Berberian December 7, 2009 your support and participation. David Getches, Ted Turner, Brad Bernthal November 11, 2009

6 2009 Annual Report www.silicon-fl atirons.org 7 ilicon Flatirons’ mission to inspire student interest in technology law and entrepreneurship was carried out in 2009 This July, Silicon Flatirons and the ATLAS Institute co-sponsored a course on The Journal on Swith a variety of events, competitions, courses, and networking opportunities. Students are also a critical part of Silicon Managing Effectively in a Changing Telecommunications Environment. The Telecommunications and Flatirons’ operation and we would like to thank the following students for their dedication and hard work during 2009: Eric intensive, one-week course focused on: (1) effective management techniques; High Technology Law Schmidt, Therese Kerfoot, Blake Reid, Julie Penner, Pamela Emery, Brandon Sandberg, Bala Singareddy, Chris Achatz, Sushma (2) the telecommunications climate; and (3) efficient operational decisions. (JTHTL) was launched eight JTHTL Mallikarjunaiah, Dave Mangum, and Mark Wiranowski. USTTI years ago by a group of law The United States Telecommunications Training Institute (USTTI), brought students and Professor Phil twenty-one telecommunications regulators and executives from around the Colorado Law’s Samuelson-Glushko Technology Each year, Silicon Flatirons accepts submissions world to Boulder for the course. Participants came from Bangladesh, Bermuda, Weiser. Today, the JTHTL Law & Policy Clinic (CU TLPC) provides students an of papers written about a topic involving law and Ethiopia, Ghana, Kenya, Malawi, Mongolia, Nepal, Nigeria, Peru, Suriname, stands at the forefront opportunity to get involved in technology and regulation. technology in order to promote and encourage among Tanzania, Uganda, and Zambia. In addition to the USTTI participants, eleven of many critical debates An illustrative project from 2009 pushed privacy students the continued pursuit of the research, planning, University of Colorado students from the Interdisciplinary Telecommunications affecting technology policy, considerations related to smart grid developments onto organization, writing, and editing of scholarly papers in Program, Aerospace, and Engineering participated in the course. including most notably the the regulatory radar. Working under the guidance of this field. This year’s papers were read and judged by a debate surrounding network Associate Professor Paul Ohm, third-year law student panel of attorneys at Faegre & Benson, the sponsor of 2009 USTTI Class The course featured lectures neutrality. Many of the Elias L. Quinn researched potential privacy implications this contest. by CU faculty, as well as by in developing and deploying smart metering and smart JTHTL’s articles arise from outside experts. It began with work presented at Silicon grid technologies across the country. Quinn then took The 2009 Writing Competition Winner is Per Larsen, a technological overview Flatirons Conferences. The the project forward through the CU TLPC, led by J.D Candidate 2010. Larsen wrote a paper entitled, by Dale Hatfield, and Chris Associate Clinical Professor Brad Bernthal, during “Text Message Price Gouging: A Perfect Storm of Tacit Cadwell discussed innovation, eighth volume will publish Spring 2009. Quinn delineated not only the potential for Collusion,” which analyzes text message pricing to show marketing, and business articles presented at the 2009 privacy invasion, but developed a proposal for protecting how consumers strategy in high technology; Digital Broadband Migration consumer privacy without needlessly inhibiting are overcharged Melinda Cain talked about Conference by William innovation and market development. He presented his relative to other Cooperation in the midst of Kovacic, Shane Greenstein, work to the Colorado Public Utilities Commission in a wireless services Writing Competition cultural differences; Bob Kois Christopher Yoo and James series of ex parte meetings. The Commission invited and examines how gave an introduction to project Speta along with student notes Quinn to help it open an investigatory docket concerning the text messaging management strategies; Kai Larsen talked about managing a privacy breach; potential implication of smart grid development and market became from Todd Adelmann, Per Paul Ohm gave legal and technical perspectives on data privacy and security; Larsen, and Avi Loewenstein. related data regulations (High Profile Docket No. a concentrated and Scott Savage discussed the economics of telecommunications. The ATLAS 09I-593EG). Quinn’s analysis provided the framework market with only Institute hosted a lunch for all of the students where Revi Sterling and Robyn for Colorado’s investigation, which is the first jurisdiction a few national Ben Fernandez of Faegre & Benson, Sandekian gave an overview of CU’s development efforts. to comprehensively examine the issue, and may well wireless carriers. Winner: Per Larsen, Professor Paul Ohm 2009 Board of Editors: produce the first set of rules to explicitly outline smart It also analyzes how competition, antitrust law, and Outside experts were also extremely generous with their time. Bryan Tramont, grid data collection and dissemination practices. Quinn’s regulatory oversight should protect consumers from a senior adjunct fellow at SFC, partner at Wilkinson Barker Knauer and former Glushko-Samuelson Law Clinic efforts attracted national media attention, including price gouging and discusses how the FCC has not Chief of Staff at the FCC, gave an overview of the emerging regulatory landscape. Editor-in-Chief coverage at MSNBC.com and in Electric Power Daily. He fulfilled its mission to provide consumers effective Tramont also led a discussion with Jeffrey Cohen, Senior Legal Counsel for the Blake Ellis Reid is also an active participant in California’s consideration competition and efficient use of spectrum with regards FCC’s Public Safety and Homeland Security Bureau. Richard Green, a senior of these issues. Quinn’s work can be downloaded at: to text messaging. Larsen’s paper will be published in adjunct fellow at SFC, and former president and CEO of CableLabs, gave a tour Executive Editor http://ssrn.com/author=1239693. the next JTHTL issue. To subscribe to the Journal send of the CableLabs facilities and spoke about project management and standards Tyler Martinez an email to [email protected]. development. Jeff Battin, a consultant with Perficient, spoke about team building and strategies for effective collaboration. Bill Ernstrom, a successful Managing Editor entrepreneur, discussed managing in times of rapid change. The course concluded Avi Loewenstein with a Keynote Address by Phil Weiser, Founder of the Silicon Flatirons Center Dale Hatfield Scholars & Research Program and Deputy Assistant Attorney General, Antitrust Division. Lead Production Editor Sonal Lamba Malhotra received the 2009 Dale Hatfield Scholars and Research Award and had the opportunity to work for the Per Larsen Federal Communications Commission (FCC) in their Wireless Bureau in the Spectrum and Competition Policy Division in Washington D.C. Sonal was a part of some very exhilarating projects during the course of the summer. While there, the SCPD Associate Production Editor was drafting the Notice of Proposed Rule Making (NPRM) for a major issue. Sonal helped in drafting and editing the NPRM. Jeffrey Merton O’Holleran Additionally, she analyzed and researched the competition in the wireless market and prepared a report, part of which was included in the proposed NPRM. Furthermore, she attended Senate hearings on the Consumer Wireless Experience and presented a report to the Wireless Bureau. Executive Articles Editor Todd C. Adelmann Sonal also had the opportunity to work on the proceeding for the National Broadband Plan, which is currently the top priority for

Inspiring Student Interest the Commission and attended various training programs organized for interns, which included topics like the National Telcom Act Executive Student Note Editor of 1996, Intercarrier Compensation, Economic Regulation, and the National Broadband Plan. These training programs provided Devin Looijen in-depth knowledge of some of the Telecom policies and also gave Sonal the opportunity to interact with FCC employees directly involved in drafting these policies. Sonal offers her sincerest thanks to all the generous donors of the Dale Hatfield Scholars and Research Program for making this opportunity possible. Eric Schmidt, Therese Kerfoot, Phil Weiser Brandon Sandberg and Brad Bernthal

8 2009 Annual Report www.silicon-fl atirons.org 9 The Promise and Limits of Social Entrepreneurship, January 7, 2009 January 2009 Rapporteur: Jill Rennert Conference: Reforming the Federal Communications Commission The Social, Ethical, and Legal Implications of Social Networking, January 22, 2009 Roundtable: The Social, Ethical, and Legal Implications Rapporteur: John Bergmayer of Social Networking Student Event: Exploring a Career in Technology Law Open Standards, Open Innovation, and the Rollout of IMS, May 5, 2009 Conference: Antitrust Law for the New Administration Rapporteur: Christopher Achatz Crash Course: Marketing for Web-based Startups Dale Hatfield and Phil Weiser New Tech Meetups: First Tuesday of every month June 2009 The End of Scarcity, Open Architecture, and the Future of Broadband Competition Policy, June 2009 Workshop: Law and New Institutional Economics Rapporteurs: Robert Atkinson and Phil Weiser Roundtable: Government 3.0 February 2009 Brad Feld/Phil Weiser One-on-One: Feld on Work-Life Government 3.0, August 2009 Roundtable: Open Standards, Open Innovation, and the Balance Rapporteur: Therese Kerfoot Rollout of IMS Summit: Toward An Effective Vision of Smart Grid Conference: The Digital Broadband Migration: Policy Higher Education & Entrepreneurship in Colorado, November 4, 2009 Imagining the Internet’s Future Silicon Flatirons Passing of the Baton Ceremony Rapporteur: Micah Schwalb Brad Feld/Phil Weiser One-on-One: Feld on Finance Roundtable: Entrepreneurship and Higher Education Entrepreneurs Unplugged: Sue Kunz Radio Regulation: Defining Inter-channel Operating Rules, December 2, 2009 Crash Course: Raising Venture Capital Student Event: Exploring a Career in Transactional Law September 2009 Rapporteur: Pierre de Vries Summit: Radio Regulation: Defining Out-of-Band SiliconFull Flatirons reports Reports can be found on our website. Operating Rules March 2009 Conference: Telecommunications Regulation in Entrepreneurs Unplugged: Andrew McFarlane Comparative Perspective Conference: Evaluating Software Patents Entrepreneurs Unplugged: Niel Robertson Roundtable: Patents, Standards, and Innovation: How Should Standard Setting Bodies View Patent Rights? October 2009 Conference: The Rise of Broadband Video and the Future of Digital Media Pierre de Vries, Dale Hatfield, Ray Gifford Paul Ohm, David Huberman, Jason Haislmaier April 2009 Policymakers Series: Digital Copyright and Innovation Conference: Colorado Broadband Technical

Online: A Little Does of Optimism, Lecture by 2009 Calendar of Events William Boyd: International Forest Carbon and the Climate Change Challenge: Issues and Options, Nicholas Entrepreneurial Mash-Up Fred von Lohmann Institute Report, Duke University Brad Feld/Phil Weiser One-on-One: Feld on The Entrepreneurs Unplugged: David Cohen Entrepreneurial Ecosystem Student Event: Women and Technology Law Victor Fleischer: A Theory of Taxing Sovereign Wealth, 84 NYU L. Rev. 440 Entrepreneurs Unplugged: Glenn Jones Crash Course: Open Source Book/Tax Conformity and Equity Compensation, 62 Tax L. Rev 399 Conference: Putting the Entrepreneurial Ecosystem in Perspective CU New Venture Challenge: Finals November 2009 Dale Hatfield: Testimony before the Subcommittee on Communications, Technology and the Internet Entrepreneurs Unplugged: Steve Halstedt Entrepreneurs Unplugged: Sam Zell of the House Committee on Energy and Commerce, December 15, 2009 Entrepreneurs Unplugged: Mayor Nir Barkat Crash Course: Picking a Business Worth Starting Scott Moss: Litigation Discovery Cannot Be Optimal but Could Be Better: The Economics of Improving May 2009 Entrepreneurs Unplugged: Ted Turner Discovery Timing in a Digital Age, 58 Duke L.J. 889 Roundtable: The End of Scarcity, Open Architecture, Roundtable: Innovation and Alternative Energy How the New Economics Can Improve Discrimination Law, and How Economics Can Survive the Demise of the and The Future of Broadband Competition Policy CU New Venture Challenge: Pitch Day “Rational Actor”, 51 Wm. & Mary L. Rev. 183 Workshop: Institute for Regulatory Law & Economics Roundtable: Google, ISPs, and Other Online Intermediaries: Power, Responsibility, and Regulation Paul Ohm: The Rise and Fall of Invasive ISP Surveillance, U. Ill. L. Rev. 1417 Computer Programming and the Law: A New Research Agenda, 54 Villanova Law Review 117 December 2009 Faculty Publications Academic & Research Phil Weiser: Regulating Interoperability: Lessons From AT&T, Microsoft, and Beyond, 76 Antitrust L.J.271 Conference: Reforming Internet Privacy Law Introduction to a Special Issue on Network Neutrality, 8 Review of Network Economics 1 Entrepreneurs Unplugged: Tim Enwall Future of Internet Regulation, U.C. Davis Law Review Policymakers Series: The Role of Broadband in Public Institutional Design, FCC Reform, and the Hidden Side of the Administrative State, Administrative Law Review Safety and Homeland Security Communications Sue Wyman and Ray Gifford

10 2009 Annual Report www.silicon-fl atirons.org 11 John K. Bennett Dale Hatfield Paul Ohm Douglas Sicker Director, ATLAS Institute Executive Director, Silicon Flatirons Center Associate Professor of Law, University of Colorado Associate Professor of Computer Science, Professor of Computer Science and Electrical and Adjunct Professor, University of Colorado Director, Interdisciplinary Telecommunications Program Computer Engineering, University of Colorado Former Chief Engineer, Scott Peppet Laboratory Federal Communications Commission Associate Professor of Law, University of Colorado Center for Science and Technology Policy Research Brad Bernthal Computer and Communications Security Center, Associate Clinical Professor of Law, Paul Jerde Patrick S. Ryan University of Colorado Interdisciplinary Telecommunications Program, Executive Director, Scholar in Residence, University of Colorado Deming Center for Entrepreneurship Interdisciplinary Telecommunications Program, Gigi Sohn Leeds School of Business, University of Colorado University of Colorado Senior Adjunct Fellow, Silicon Flatirons Center William Boyd President and Co-founder, Public Knowledge Associate Professor of Law, University of Colorado Laura Kornish Jonathan Sallet Assistant Professor, Leeds School of Business, Senior Adjunct Fellow, Silicon Flatirons Center Harry Surden Tim Brown University of Colorado Managing Director, The Glover Park Group Associate Professor of Law, University of Colorado Professor and Director, Interdisciplinary Telecommunications Program, Kai Larsen Lucinda Sanders Paul Teske University of Colorado Associate Professor, Leeds School of Business, Executive in Residence, Dean, School of Public Affairs, University of Colorado Bell Labs Fellow, Alliance for Technology, Learning, University of Colorado at Denver Mark Cooper and Society Senior Adjunct Fellow, Silicon Flatirons Center Stephen Lawrence CEO, Bryan Tramont Director of Research, Consumer Federation of America Associate Professor, Leeds School of Business, National Center for Women & Information Technology Senior Adjunct Fellow, Silicon Flatirons Center University of Colorado Partner, Wilkinson Barker Knauer, LLP Victor Fleischer Scott Savage Associate Professor of Law, University of Colorado Tom Lookabaugh Assistant Professor of Economics, Pierre de Vries Senior Adjunct Fellow, Silicon Flatirons Center University of Colorado Senior Adjunct Fellow, Silicon Flatirons Center Raymond Gifford Chief Technology Officer, Entropic Communications Senior Adjunct Fellow, Silicon Flatirons Center Andrew A. Schwartz Phil Weiser Partner, Kamlet Reichert, LLP Keith Maskus Associate Professor of Law, University of Colorado Founder, Silicon Flatirons Center Former Chairman, Professor of Economics, University of Colorado Professor of Law, University of Colorado (on leave) Colorado Public Utilities Commission Wendy Seltzer Deputy Assistant Attorney General, Antitrust Division Scott Moss Research Fellow, Silicon Flatirons Center Richard Green Associate Professor of Law, University of Colorado Senior Adjunct Fellow, Silicon Flatirons Center Paul Shoning Former President & Chief Executive Officer,CableLabs Diana Moss Research Fellow, Silicon Flatirons Center Vice President, American Antitrust Institute Dirk Grunwald Adjunct Professor of Economics, Professor of Computer Science, University of Colorado University of Colorado Paul Shoning Richard Green Bryan Tramont Wendy Seltzer Jonathan Sallet Tom Lookabaugh Affiliated Faculty & Fellows

12 2009 Annual Report www.silicon-flatirons.org 13 Brad Bernthal Richard Green† Tom Moore† Entrepreneurship Director, Silicon Senior Adjunct Fellow, President, Viasat A special thank you to Silicon Flatirons 2009 supporters Flatirons Center Silicon Flatirons Center Founder, WildBlue Communications who helped make this year a tremendous success. Associate Clinical Professor of Law, Former President and Chief Executive Bill Mooz^ University of Colorado Offi cer, CableLabs Director, Sun Microsystems ^ * Dan Caruso Jason Haislmaier Mike Nelson† Co-Founder, President & Chief IP/IT Board Chair FOUNDING MEMBERS Executive Offi cer, Zayo Group Partner, Holme, Roberts & Owen Microsoft Qwest Communications Paul Ohm AT&T Jud Cary* Adjunct Faculty, Univ. of Colorado IP/IT Director, Silicon Flatirons Center Comcast Corporation Verizon Vice President, Video Technology * Natalie Hanlon-Leh Associate Professor of Law, Policy and Deputy General Partner, Faegre & Benson Counsel, CableLabs University of Colorado Adjunct Faculty, Univ. of Colorado CHARTER MEMBERS ^ Mike Platt^ David Cohen Dale Hatfield Chief Executive Officer, TechStars Partner, Cooley Godward Kronish Level 3 Communications Executive Director, † Elizabeth Cook^ Silicon Flatirons Center Kelsi Reeves Vice President Federal Government President, Philanthropiece Adjunct Professor, Relations, tw telecom inc. EXECUTIVE MEMBERS Andrew Crain† University of Colorado Former Chief Engineer, Federal Robert Reich^ Brad Feld Hunton & Williams LLP Vice President and Deputy General Patton Boggs LLP Communications Commission Founder, OneRiot Computer and Counsel, Qwest Jason Mendelson Perkins Coie ^ * Trish Rodgers Communications Industry † David Huberman National Cable & Time Warner Cable Norton Cutler Corporate Counsel, Partner, Moye White Counsel, Perkins Coie Association Telecommunications Webroot Software, Inc. John Ryan† † Google Association Steve Davis Bill Hunt† Senior Vice President, Senior Vice President of Policy and Vice President, Public Policy, Level 3 Communications Law, Qwest SPONSORS Level 3 Communications Lisa Scalpone† ^ Brownstein Hyatt Farber Greenberg Traurig The Walt Disney Company Howard Diamond David Jilk^ Vice President of Legal and Chief Executive Officer, Founder, Standing Cloud, Inc. Government Affairs, Schreck, LLP Hogan & Hartson Tom Lookabaugh Diamond Consulting, Inc. WildBlue Communications Cooley Godward Kronish LLP Holme Roberts & Owen LLP Townsend and Townsend Paul Jones† † * Stanton Dodge Executive Vice President, General Douglas Sicker CTIA-The Wireless Assoc. Intrado and Crew General Counsel, DISH Network Counsel & Regulatory Policy, Associate Professor of Computer Dorsey & Whitney LLP Liberty Media Corporation tw telecom inc. Science, University of Colorado Craig Donaldson† tw telecom inc. Faegre & Benson LLP Merchant & Gould, P.C. Wiley Rein LLP * Senior Vice President, Regulatory Bill Levis† Mindy Sooter Gibson, Dunn & Crutcher Qualcomm Associate, Faegre & Benson Affairs, Intrado Director of the Offi ce of Consumer LLP Ryan McIntyre Michael L. Drapkin* Counsel, State of Colorado David St.John-Larkin* Patent Attorney, Michael Locatis† Attorney, Merchant & Gould P.C. Townsend and Townsend and Crew Chief Information Offi cer, Harry Surden* PATRONS Chair, IP Section of the Colorado State of Colorado Associate Professor of Law, CableLabs Kamlet Reichert, LLP ViaSat Bar University of Colorado Tom Lookabaugh† Cricket Communications Littler Mendelson, P.C. WildBlue Communications ^ Jill Van Matre* Brad Feld Senior Adjunct Fellow, Davis Graham & Stubbs LLP McKenna Long & Aldridge, Wilkinson Barker Knauer, Supporters Associate Director, ATLAS Institute Managing Director, Foundry Group Silicon Flatirons Center Davis Wright Tremaine LLP LLP LLP Co-Founder, Mobius Venture Capital Chief Technology Offi cer, Sue Wyman† DISH Network Willkie Farr & Gallagher Communications Board Chair Moye White LLP Raymond Gifford† Entropic Communications Entertainment Software LLP ^ President, Jivaro Group and Perfi cient Consolidated Board Chair Robert McKenzie JivaroCXO Association Wilmer Cutler Pickering Hale Senior Adjunct Fellow, Board Member, SkyTerra ^ Silicon Flatirons Center Crown Castle Corporation Michael Zeisser Grotech Ventures T-Mobile USA and Door LLP Partner, Kamlet Reichert, LLP Senior Vice President, Holland & Hart LLP Zayo Group Jason Mendelson^ Viaero Wireless

Advisory Board Liberty Media Corporation Phil Gordon* Entrepreneurship Board Chair † Partner, Littler Mendelson Managing Director, Foundry Group Lee Zieroth Senior Vice President and General MEDIA SPONSORS Catharine Merigold^ Counsel, CableLabs NextGenWeb Rocky Radar w3w3.com Managing Partner, Vista Ventures † Communications Board Members * IT/IP Board Members ^ Entrepreneurship Board Members 14 2009 Annual Report www.silicon-fl atirons.org 15 401 UCB, Boulder, CO 80309 (303)492-5442

Dale Hatfield Anna Noschese Executive Director Program Director [email protected] [email protected]

Brad Bernthal Jamie Stewart Entrepreneurship Initiative Director Program Administrator [email protected] [email protected]

Paul Ohm IT/IP Initiative Director [email protected]