The Private-Sector Ecosystem of User Data in the Digital Age CLE Course Materials
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The Fordham Intellectual Property, Media, and Entertainment Law Journal Symposium The Private-Sector Ecosystem of User Data in the Digital Age Friday, September 21, 2018 Fordham Law School Costantino Room(Second Floor) 9 a.m.- 3:30 p.m. CLE Course Materials Table of Contents 1. Speaker Biographies (view in document) 2. CLE Materials Panel 1: User Data Control Panel Panel 3: Transparency of Notice and Choice Panel Elvery, Simon. Do you fit the algorithms’ mould? If not, 2018 Model Privacy Notice. (View in document) they might ‘screw’ you. (View in document) Bruening, Paula J and Culnan, Mary J.. Through a Glass Frischmann, Brett. Here’s why tech companies abuse our Darkly: From Privacy Notices to Effective Transparency. data: because we let them. (View in document) (View in document) Selbst, Andrew D. and Powles, Julia. Meaning information Moore, Sarah. Consent Processes for Mobile App Mediated and the right to explanation. (View in document) Research: Systematic Review. (View in document) The OECD Privacy Framework. (View in document) Uppaluru, Maya. The U.S. Needs a New Paradigm for Data Governance. (View in document) Furness, Dyllan. Technology makes our lives easier, but is it at the cost of our humanity? (View in document) Stempeck, Matt. Sharing Data Is a Form of Corporate Philanthropy. (View in document) Selbst, Andrew D. The Intuitive Appeal of Explainable Machines. (View in document) Massey, Cade; Simmons, Jospeh P. and Dietvorst, Berkeley J.. Algorithm Aversion: People Erroneously Avoid Algorithms After Seeing Them Err. (View in document) Panel 2: Data Governance Regimes Panel The Case for Accountability: How it Enables Effective Data Protection and Trust in the Digital Society. (View in document) Incentivising Accountability: How Data Protection Authorities and Law Makers Can Encourage Accountability. (View in document) Regulating for Results Strategies and Priorities for Leadership and Engagement. (View in document) Sotto, Lisa J. and Logan, Ryan P.. How to Safeguard Privacy and Data Security in Corporate Transactions. (View in document) SEC Publishes New Guidance on Public Company Cybersecurity Disclosure. (View in document) Yafit Lev-Aretz the European Union’s General Data Protection Assistant Professor of Law, Zicklin School of Directive. She also worked closely with Intel Business, Baruch College, CUNY Labs to propose an approach to applying information governance principles in new data Yafit Lev-Aretz is an assistant professor of law eco-systems such as the Internet of Things. at Zicklin School of Business, Baruch College, City University of New York. She is also a Ms. Bruening brings to her work extensive research fellow at the TOW center at Columbia experience in government, advocacy and Journalism School. As the digital environment international organizations, including APEC and constantly evolves, Yafit studies self-regulatory the Organization for Economic Cooperation and regimes set by private entities and the legal Development. Her work has been published in vacuum they create. She is especially interested academic and policy journals and she has spoken in the growing use of algorithmic decision- on privacy issues in Asia, Europe and the making, intrusive means of news dissemination, Americas. Ms. Bruening holds a B.A. from John choice architecture in the age of big data, and Carroll University and a J.D. from Case Western the ethical challenges posed by machine learning Reserve University School of Law. and artificially intelligent systems. Her research also highlights the legal treatment of beneficial Anthony Ford uses of data, such as data philanthropy and the Senior Data Privacy Counsel, Medidata data for good movement, striving to strike a Solutions delicate balance between solid privacy Anthony is responsible for supporting Medi- protection and competing values. Previously, data’s global data privacy and data governance Yafit was a research fellow at the Information programs; Anthony also focuses on related data Law Institute at NYU, and an intellectual security and emergent technology-driven issues. property fellow at the Kernochan Center for the Prior to joining Medidata in January 2018, Law, Media, and the Arts at Columbia Anthony was an associate in the IP, Tech and University. Yafit holds an SJD from the Data Group at Reed Smith, where he focused on University of Pennsylvania Law School, an information governance, privacy, and data LLM from Columbia Law School, and an LLB security issues impacting large organizations. from Bar-Ilan University in Israel. Prior to becoming an attorney, Anthony was a computer scientist for six years with the U.S. Air Paula J. Bruening Force Research Laboratory where he studied Counsel, Sequel Technology and IP Law artificial intelligence and machine learning. His Paula J. Bruening is Counsel for Sequel areas of specialty included genetic algorithms, Technology and IP Law, LLC and Founder and computational epistemology, and dynamic Principal of Casentino Strategies LLC, a privacy human-machine teaming. and information policy consulting firm. She works with clients on emerging issues related to artificial intelligence and machine learning and Andrew Kopelman advises companies about compliance with new Vice President, Assistant General Counsel, privacy regulation and on establishing privacy and Chief Privacy Counsel governance programs within their organizations. Medidata Solutions Most recently, she served as Director of Global Privacy Policy at Intel Corporation, where she Andrew leads the strategy and management of developed and coordinated privacy policy across Medidata’s global data privacy and data the company and was a key influencer for the governance programs; he also focuses on company in Brussels during the negotiations on Medidata’s Intellectual Property strategy and management. Prior to joining Medidata in 2012, Andrew was an associate in the patent group at in electrical engineering from Case Western Jenner & Block, where he focused on patent Reserve University. litigation and client counseling for pharmaceutical and computer patents. Nizan Geslevich Packin Previously, he was an associate at Frommer, Assistant Professor of Law Lawrence & Haug, where he focused on Hatch- Zicklin School of Business, Baruch College, CUNY Waxman pharmaceutical litigation. Before law school, he was a computer programmer for Nizan Geslevich Packin joined the Law startups including Weidlinger Associates. He is Department at the Zicklin School of Business in a registered patent attorney and is a Certified 2013. She researches and writes about financial Information Privacy Professional (CIPP/US). regulation, business law, corporate governance, consumer protection, and information policy, Ron Lazebnik including cybersecurity. Before joining Zicklin, Clinical Associate Professor of Law, she practiced law in the New York office of Fordham Law School Skadden, Arps, Slate, Meagher & Flom LLP, in Ron Lazebnik primarily teaches the Samuelson- the Banking and Corporate Restructuring Glushko Intellectual Property and Information groups. At Skadden she represented clients in Law Clinic. He has assisted clinic students with complex Chapter 11 cases, as well as with a number of significant legal matters, including international business transactions and credit the filing of amicus briefs in important IP cases facilities. Prior to Skadden, Professor Packin before the U.S. Court of Appeals for the Second served as a law clerk in the Israeli Supreme Circuit. In 2012, under his leadership, the clinic Court. She also interned at the Federal Trade became a part of the U.S. Patent and Trademark Commission. Office pilot programs to allow students to Her scholarship has appeared in journals such as practice before patent and trademark examiners. the Washington University Law Review, Indiana His academic and scholarly interests include IP Law Journal, Houston Law Review, William law, information law, and Internet law. and Mary Law Review, Chicago Kent Law Before joining Fordham Law, he was in private Review, Berkeley Business Law practice, where he helped represent clients in Journal, Columbia Business Law Review, various matters involving patents, copyrights, Harvard Law School Corporate Governance trademarks, trade secrets, and general Forum, Oxford Business Law Blog, and commercial litigation. He has also assisted in the Columbia Blue Sky Blog. Professor Packin defense of corporations and government earned her law degrees from Columbia Law agencies being investigated by the SEC, the School, the University of Pennsylvania Law Public Company Accounting Oversight Board, School, and Haifa University. She has externed and the U.S. Department of Justice. Professor for Judge Jack B. Weinstein in the Eastern Lazebnik is a graduate of Harvard Law School, District Federal Court of New York. Professor where he spent time as a Massachusetts SJC Packin’s most recent publications and working Rule 3:03 student attorney and as the Director of papers may be found on the Social Science Research and Technology for the Harvard Legal Research Network. Aid Bureau. He also served on the staff of the Harvard Journal of Law and Technology and Boris Segalis contributed to GartnerG2’s and the Berkman Partner and Global Vice Chair, Center for Internet & Society’s 2005 white paper Cyber/Data/Privacy, Cooley LLP “Copyright and Digital Media in a Post-Napster Boris Segalis, vice chair of Cooley’s World.” Prior to law school, he received an MS cyber/data/privacy practice, has focused his practice exclusively on privacy,