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Event Program THE EMORY LAW JOURNAL Presents THE 2021 RANDOLPH W. THROWER SYMPOSIUM Privacy in the Digital Age BIG TECH, GOVERNMENT, AND CIVIL LIBERTIES Thursday, February 4, 2021 8:30 a.m. - 4:45 p.m. HELD VIRTUALLY THE 40TH ANNUAL RANDOLPH W. THROWER SYMPOSIUM Privacy in the Digital Age BIG TECH, GOVERNMENT, AND CIVIL LIBERTIES Since 1995, Emory University School of Law and the Emory Law Journal have hosted the Randolph W. Thrower Symposium, part of an endowed lecture series sponsored by Thrower’s family. Randolph Thrower 34C 36L graduated from Emory College and Emory University School of Law and achieved wide acclaim through his active practice of law and devotion to public service. Mr. Thrower passed away in 2014. The 2021 Thrower Symposium will explore various issues surrounding the technology industry today by bringing together a diverse and experienced array of speakers with different perspectives on key topics and solutions. In an era where technology has become ever-present in our lives, we will analyze some of the leading issues facing the technology industry, with a particular focus on Big Tech. The Symposium will tackle complex, controversial, and nuanced issues related to data privacy, the Fourth Amendment, and antitrust. We will explore innovative approaches to tackling these issues, and we will explore how the relationship between technology and the law can and should change. EMORY UNIVERSITY SCHOOL OF LAW 1 SYMPOSIUM OVERVIEW 8:30 a.m. - 10:00 a.m. PANEL I. Personal Data Protection: How Technology Jeopardizes Privacy 10:30 a.m. - 12:00 p.m. PANEL II. Technology and the Fourth Amendment: Surveillance and • Anita L. Allen, Vice Provost for Faculty, Henry R. Silverman Professor of Law Security in the Digital Age and Professor of Philosophy, University of Pennsylvania • Chaz Arnett, Associate Professor of Law, University of Maryland Carey School • Roy E. Barnes, Former Georgia Governor; Founder, Barnes Law Group of Law • Woodrow Hartzog, Professor of Law and Computer Science, Northwestern • Jamil N. Jaffer, Founder & Executive Director, National Security Institute; University School of Law Director, National Security Law & Policy Program; Assistant Professor, George • Moderator: Morgan Cloud, Charles Howard Candler Professor of Law, Emory Mason University Antonin Scalia Law School University School of Law • Jennifer Lynch, Surveillance Litigation Director, Electronic Frontier Foundation • Moderator: Kay L. Levine, Professor of Law, Emory University School of Law 10:30 a.m. - 11:45 a.m. INTRODUCTION: Mary Anne Bobinski, Dean and Asa Griggs Candler Professor of Law, Emory University School of Law 3:00 p.m. - 4:30 p.m. PANEL III. Antitrust & Big Tech: Consolidation and the Resulting Tension KEYNOTE ADDRESS: Danielle Citron, Jefferson Scholars Foundation Schenck Distinguished Professor in Law, University of Virginia School of Law • Roger P. Alford, Professor of Law, Notre Dame Law School • Babette E. Boliek, Professor of Law, Pepperdine Caruso School of Law • Marina Lao, Board of Visitors Research Scholar and Edward S. Hendrickson 11:45 a.m. - 1:15 p.m. Lunch Break Professor of Law, Seton Hall University School of Law • Moderator: Lawrence A. Reicher, Chief, Office of Decree Enforcement & Compliance (Antitrust Division), United States Department of Justice 2 THE 40TH ANNUAL RANDOLPH W. THROWER SYMPOSIUM SYMPOSIUM OVERVIEW 1:15 p.m. - 2:45 p.m. PANEL II. Technology and the Fourth Amendment: Surveillance and Security in the Digital Age • Chaz Arnett, Associate Professor of Law, University of Maryland Carey School of Law • Jamil N. Jaffer, Founder & Executive Director, National Security Institute; Director, National Security Law & Policy Program; Assistant Professor, George Mason University Antonin Scalia Law School • Jennifer Lynch, Surveillance Litigation Director, Electronic Frontier Foundation • Moderator: Kay L. Levine, Professor of Law, Emory University School of Law 3:00 p.m. - 4:30 p.m. PANEL III. Antitrust & Big Tech: Consolidation and the Resulting Tension • Roger P. Alford, Professor of Law, Notre Dame Law School • Babette E. Boliek, Professor of Law, Pepperdine Caruso School of Law • Marina Lao, Board of Visitors Research Scholar and Edward S. Hendrickson Professor of Law, Seton Hall University School of Law • Moderator: Lawrence A. Reicher, Chief, Office of Decree Enforcement & Compliance (Antitrust Division), United States Department of Justice EMORY UNIVERSITY SCHOOL OF LAW 3 SYMPOSIUM KEYNOTE ADDRESS DANIELLE CITRON, Jefferson Scholars Foundation Schenck Distinguished Professor in Law, University of Virginia School of Law Danielle Citron is the Jefferson Scholars Foundation Schenck Distinguished Professor in Law at UVA, where she writes and teaches about privacy, free expression and civil rights. Her scholarship and advocacy have been recognized nationally and internationally. In 2019, Citron was named a MacArthur Fellow based on her work on cyberstalking and intimate privacy. In 2018, she received the UMD Champion of Excellence award and in 2015, the United Kingdom’s Prospect Magazine named her one of the Top 50 World Thinkers and The Daily Record named her one of the Top 50 Most Influential Marylanders. Her book “Hate Crimes in Cyberspace” (Harvard University Press, 2014) was widely praised in published reviews, discussed in blog posts and named one of the 20 Best Moments for Women in 2014 by the editors of Cosmopolitan magazine. She has published more than 40 law review articles, including in the Yale Law Journal, Michigan Law Review (three times), California Law Review (twice), Southern California Law Review, Texas Law Review and many more, which have won professional awards from the International Association of Privacy Professionals as well as from the privacy think tank Future of Privacy. She has written more than 40 opinion pieces for major media outlets, including the New York Times, the Washington Post, the Atlantic, the Guardian, Time and Slate. For the past decade, Citron has worked with lawmakers, law enforcement and tech companies to combat invasions of intimate privacy. In June 2019, she testified before Congress about the national security and privacy risks of deepfakes and have been working with Hill staff on a bill to criminalize digital forgeries. She has been deeply involved in reform efforts around the regulation of online platforms. In October 2019, she testified before Congress about Section 230 of the Communications Decency Act. She is currently working with Senate and House staff (both for individual members as well as committees) on proposed Section 230 amendments, and has been working with major tech companies on privacy matters. Since 2011, she has been a member of Facebook’s Non-Consensual Intimate Imagery Task Force and an adviser and a member of Twitter’s Trust and Safety Task Force and as an adviser to the company since 2009. From 2014 to 2016, Citron served as an advisor to then-California Attorney General Kamala Harris and as a member of Harris’ Task Force to Combat Cyber Exploitation and Violence Against Women. In October 2015, Citron, with Harris, spoke at a press conference to discuss her office’s new online resource for law enforcement and individuals whose nude images were disclosed without consent. In 2011, Citron testified about misogynistic cyber hate speech before the Inter-Parliamentary Committee on Anti-Semitism at the House of Commons in the United Kingdom. Citron is the vice president of the Cyber Civil Rights Initiative, a nonprofit devoted to fighting for civil rights and liberties in the digital age that was founded in 2013 and named after her article “Cyber Civil Rights.” She serves on the boards of directors of the Electronic Privacy Information Center and the Future of Privacy, as well as on the Advisory Board of the Anti-Defamation League’s Center on Technology and Society and the Center on Investigative Journalism. In 2020, she received a $75,000 grant from the Knight Foundation to study the salutary impact of intimate privacy laws on victims, a project that she is co-leading with Canadian academic Jonathon Penney. Citron will talk about Privacy’s Promise: Sex, Love and Identity in the Digital Age. 4 THE 40TH ANNUAL RANDOLPH W. THROWER SYMPOSIUM SYMPOSIUM PARTICIPANTS PANEL I: Personal Data Protection: How Technology Jeopardizes Privacy ANITA ALLEN, Vice Provost for Faculty, MORGAN CLOUD, Henry R. Silverman Professor (Moderator) Charles of Law and Professor of Howard Candler Professor Philosophy, University of of Law, Emory University Pennsylvania School of Law Anita L. Allen is an expert on privacy law, the philosophy of privacy, bioethics, and contemporary values and is recognized for scholarship about legal Morgan Cloud is Charles Howard Candler philosophy, women’s rights, and race relations. Professor of Law. He teaches and writes about privacy law, constitutional criminal procedure, white collar crime, criminal law, and constitutional Her books include Privacy Law and Society theory. His numerous scholarly articles have (Thomson/West, 2016), the most comprehensive been published in leading journals, including the textbook on the US law of privacy and data Stanford Law Review, the University of Chicago protection; Unpopular Privacy: What Must We Law Review, the Southern California Law Review, Hide (Oxford, 2011); The New Ethics: A Guided and the UCLA Law Review. Cloud has been a Tour of the 21st Century Moral Landscape distinguished visiting professor at universities in the (Miramax/Hyperion, 2004); Why Privacy Isn’t United States and Europe. In Europe
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