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Transcript.Pdf (401.82 1 2 3 4 FEDERAL TRADE COMMISSION 5 6 7 8 9 10 MONITORING SOFTWARE ON YOUR PC: 11 SPYWARE, ADWARE, AND OTHER SOFTWARE 12 13 14 15 16 17 Monday, April 19, 2004 18 9:00 a.m. 19 20 21 22 Federal Trade Commission 23 Sixth and Pennsylvania Avenue, N.W. 24 Washington, D.C. 25 26 For The Record, Inc. Waldorf, Maryland (301)870-8025 2 1 2 3 For The Record, Inc. Waldorf, Maryland (301)870-8025 3 1 I N D E X 2 3 Opening Remarks - J. Howard Beales, Director, Bureau of 4 Consumer Protection, FTC 10 5 6 PANEL ONE: DEFINING, UNDERSTANDING, AND 7 DISSEMINATING SPYWARE 8 Moderator: Thomas B. Pahl, Assistant 9 Director, FTC 13 10 Panelists: 11 Ari Schwartz, Associate Director, Center 12 for Democracy and Technology 16 13 Ed Black, President and CEO, Computer 14 and Communications Industry 15 Association 17 16 Mark Bohannon, General Counsel and 17 Senior Vice President for Public 18 Policy, Software and Information 19 Industry Association 18 20 Marty Lafferty, Chief Executive Officer, 21 Distributed Computing Industry 22 Association 19 23 Avi Naider, President and CEO, WhenU.com, 24 Inc. 20 25 For The Record, Inc. Waldorf, Maryland (301)870-8025 4 1 Remarks Concerning Risks of Spyware - 2 Orson Swindle, Commissioner, FTC 62 3 4 PANEL TWO: SECURITY RISKS AND PC FUNCTIONALITY 1 Moderator: David K. Koehler 67 2 Panelists: 3 Maureen Cushman, Legal Counsel, U.S. 4 Consumers, Dell 69 5 Bryson Gordon, Senior Manager, Product 6 Management Group, McAfee Security, 7 Consumer Division 71 8 Roger Thompson, Vice President, Product 9 Development, Pest Patrol 75 10 Michael Wood, Vice President of Sales, USA 11 and Canada, Lavasoft 75 12 John Gilroy, Technology Contributor for The 13 Washington Post and Co-Host, WAMU's 14 "The Computer Guys" program 77 15 Austin Hill, Co-Founder and Chief Privacy 16 Expert, Zero-Knowledge Systems 94 17 18 PANEL THREE: PRIVACY RISKS 19 Moderator: Dean C. Forbes 112 20 21 For The Record, Inc. Waldorf, Maryland (301)870-8025 5 1 Panelists: 2 Chris Jay Hoofnagle, Associate Director, 3 Electronic Privacy Information Center 116 4 Evan Hendricks, Editor-Publisher, "Privacy 5 Times" 117 6 Ray Everett-Church, Chief Privacy Officer, 7 Turn Tide, Inc. 119 8 Ronald Plesser, Piper Rudnick, LLP 123 9 James H. Koenig, Chief Practice Co-Leader, 10 Privacy Strategy and Compliance, 11 PricewaterhouseCoopers, LLP 125 12 13 Remarks Concerning Possible Responses to Spyware - 14 Commissioner Mozelle Thompson 152 15 16 PANEL FOUR: INDUSTRY RESPONSES TO SPYWARE - 17 INDUSTRY BEST PRACTICES AND WORKING WITH THE 18 GOVERNMENT 19 Moderator: Commissioner Mozelle Thompson 156 20 Panelists: 21 Brain Arbogast, Corporate Vice President, 22 Identity, Mobile and Partner Services 23 Group, MSN and Personal Services 24 Division, Microsoft Corp. 159 25 For The Record, Inc. Waldorf, Maryland (301)870-8025 6 1 Andrew McLaughlin, Senior Policy Counsel, 2 Google 161 3 Chris Kelly, Chief Privacy Officer and 4 General Counsel, Spoke Software 165 5 Jules Polonetsky, Vice President, Integrity 6 Assurance, AmericaOnline, Inc. 166 7 John Schwarz, President and CEO, Symantec 8 Corp. 169 9 Fran Maier, Executive Director and 10 President, TRUSTe 171 11 J. Trevor Hughes, Executive Director, 12 Network Advertising Initiative 172 13 14 PANEL FIVE: TECHNOLOGICAL RESPONSES TO SPYWARE 15 Moderator: Beverly J. Thomas 197 16 Panelists: 17 Jeffrey Friedberg, Director of Windows 18 Privacy, Microsoft 199 19 Steven Bellovin, AT&T Fellow with AT&T 20 Labs-Research 212 21 David Moll, President, WebRoot 213 22 Wayne Porter, Co-Founder and Primary 23 Editor, SpywareGuide.com 214 24 25 For The Record, Inc. Waldorf, Maryland (301)870-8025 7 1 Daniel Weitzner, Technology & Society 2 Doman Leader, World Wide Web 3 Consortium; Research at MIT 217 4 5 PANEL SIX: GOVERNMENT RESPONSES TO SPYWARE - 6 LAW ENFORCEMENT, CONSUMER EDUCATION, AND 7 COORDINATING WITH INDUSTRY 8 Moderator: Beth Delaney 251 9 Panelists: 10 Mary Engle, Associate Director, Division of 11 Advertising Practices, FTC 254 12 Mark Eckenwiler, Deputy Chief, Computer Crime 13 and Intellectual Property Section, 14 Department of Justice 257 15 Jennifer Baird, Legislative Counsel, Office 16 of Rep. Mary Bono 261 17 Stephen Urquhart, State Representative, 18 Utah House of Representataives 267 19 Elizabeth Prostic, Chief Privacy Officer, U.S. 20 Department of Commerce 274 21 Matthew Sarrel, Technical Director, PC 22 Magazine 276 23 24 Closing Remarks - J. Howard Beales, Director, 25 Bureau of Consumer Protection, FTC 291 For The Record, Inc. Waldorf, Maryland (301)870-8025 8 1 P R O C E E D I N G S 2 - - - - - 3 MR. PAHL: Good morning, and welcome to the 4 FTC's Spyware Workshop. My name is Thomas Pahl. I'm an 5 Assistant Director in the FTC's Division of Advertising 6 Practices here at the FTC. 7 Before we begin our discussions today, I wanted 8 to address some preliminary housekeeping items. First, I 9 want to emphasize a few logistical points. We have a lot 10 to cover at the workshop today. Our schedule is packed. 11 So we're going to do our very best to stay on time. I 12 would ask everyone to try to be back from breaks and from 13 the lunch on time so that we can continue to keep pace 14 with the schedule that we've set forth. 15 You each should have received a visitor's badge 16 today when you came into the building. Please retain 17 that throughout the day. If you take it off, you will 18 have to get a new one and go back through the security 19 procedures, and that will take some time. And also, wear 20 your badge throughout the day when you're wandering 21 around the building. It will help our security people 22 here at the FTC. 23 Please turn off cell phones and pagers, because 24 it may interrupt the discussions. Coffee is available 25 outside in the hallway, courtesy of the On-Line Privacy For The Record, Inc. Waldorf, Maryland (301)870-8025 9 1 Alliance and the law firm of Hogan & Hartson. I want to 2 thank them for providing us with coffee today. 3 You should have each received a folder when you 4 arrived here today. In the folder, there's a list of 5 local restaurants and lunch spots. The bathrooms are 6 located out in the main lobby behind the elevator banks. 7 And in case of an emergency, you can exit the building 8 either through the front door, where you came in, or from 9 the door on the north side of the building. 10 Second, I want to emphasize a few points about 11 public participation in the workshop today. We have 12 already received many public comments. And for those of 13 you who have submitted comments, thank you. We have 14 extended the deadline for submitting public comments 15 until May 21st. And so if you hear anything at the 16 workshop today that you'd like to comment on or would 17 like to supplement a comment you've submitted in the 18 past, we would appreciate it. You may submit comments to 19 our box at [email protected]. 20 There's a table in the lobby -- or actually, 21 there are two tables in the lobby with materials related 22 to Spyware. I would encourage you to pick up materials 23 and make use of them. 24 Finally, the moderators today will be posing 25 questions to panelists based on our review of the For The Record, Inc. Waldorf, Maryland (301)870-8025 10 1 comments that we've received and our review of other 2 information that's been publicly available. 3 We also will try to pose questions from the 4 audience to each of the panels. If you're interested in 5 having a question asked of a panel or panelist, please 6 write it down on one of the note cards that's included in 7 the folder you were given today. And the cards will be 8 collected by Shakeel Balroop. Shakeel is back dead 9 center in front of me, and he will be collecting the 10 cards during the panel presentation and throughout the 11 day. 12 So if you have any questions, please write them 13 down and give them to Shakeel, and we'll ask as many of 14 those questions as we can. Please understand that given 15 the tight timing of the workshops today, we probably will 16 only be able to ask a couple of questions to each of the 17 panels. But we will retain the questions, because they 18 will be helpful in guiding our future analysis of issues 19 related to Spyware. 20 Now, it's time to begin the workshop. The 21 agenda calls for opening remarks by FTC Chairman Timothy 22 Muris, but he's unable to be here today. Instead, we'll 23 have remarks from the FTC's Director, Bureau of Consumer 24 Protection, Howard Beales. 25 Prior to becoming Bureau Director in 2001, For The Record, Inc. Waldorf, Maryland (301)870-8025 11 1 Director Beales was an Associate Professor for Strategic 2 Management at the George Washington University. During 3 his tenure as Bureau Director at the FTC, the FTC has 4 been involved in a variety of issues related to privacy, 5 security and the Internet. We are fortunate that 6 Director Beales is here to give us some opening remarks 7 today. Director Beales? 8 (Applause.) 9 MR.
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