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Taking Care of High Tech How Stanford Lawyers Help Sustain the Dot-Eom Phenomenon Stanford Law School Executive Education Programs

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Taking Care of High Tech How Stanford Lawyers Help Sustain the Dot-Eom Phenomenon Stanford Law School Executive Education Programs yer Taking Care of High Tech How Stanford lawyers help sustain the dot-eom phenomenon Stanford Law School Executive Education Programs Since 1993 the Executive Education Programs at Stanford Law School have provided a national forum for leaders in the business and legal commu­ nities to share their expertise. Our faculty will challenge and inspire you. We invite you to join us. The United States Patent and Trademark Office Comes to Stanford Law School April 11 Directors' College 2000 June 4-6 General Counsel Institute October 23-24 Contact us: Executive Education Phone: 650-723-5905 Fax: 650-725-1861 Visit us at our website: http://lawschool.stanford.edu/execed c SPRING 2 000 HIGH-TECH LAWYERS 10 VIRTU ALLYIN DIS PEN SA BLE Stanford lawyers have shepherded hundreds of start-ups, advised a NASDAQ Who's Who, and helped build the infrastructure of Silicon Valley. 22 TA KIN G IT TOT H EST REETS Larry Irving wants to make sure the e-revolution doesn't end in the suburbs. 24 IN TE R NET EN FOR CER Department ofJustice official Christopher Painter is sending a message to cybercriminals: We know how to find you. 26 0 U THE REO NTH E FRO NT IER Can the law keep up with bioscience? Law School faculty and students are doing their part. NEWS BRILFS Janet Reno unveils cybercrime initiative 5 Experts discuss Web privacy issues 6 Barton warns against broad food patents 8 Wald says Prop. 22 harms children 9 StanfpHt y er From the Dean 2 Letters 4 Professors in Print 31 Classmates 33 In Memoriam 60 Law Gatherings 61 Caver fllnnrll/iolJ by Cy61 Cllb',.y ,TANfORI) LAWYER 1 Leading the debate about the implications oftechnology BY KATHLEEN M. SULLIVAN NEW TECHNOLOGIES HAVE BROUGHT breathtaking change to the practice of law and business. And Stanford Law School is at the epicenter of that change. Our alumni dominate Silicon Valley law firms, companies and investment firms, as the ex- cellent articles in this issue make clear. Our fac- ulty prepare students for this rapidly changing world not only through classic courses on copyright, trade- marks, and patents, but also through innovative courses on e-commerce, intellectual property in cy- berspace, biotechnology law and policy, venture capital, and technology as a business asset. And the Law School itself is increasingly a forum for lively public discussion and debate about the chal- lenges that new information technologies pose for law and policy. 2 SPRI G 2000 Two extraordinary public events at ence featured more than 40 of the na­ the eve ofthe privacy conference helps to the Law School this winter demonstrat­ tion's leading high-technology lawyers, capture the unique combination we can of­ ed as much. First, Attorney GeneralJanet entrepreneurs, and law professors, and fer oftraditional excellence and new ideas: Reno, California Attorney General Bill attracted an audience of technology Picture the panelists and numerous Lockyer and the National Association of lawyers and entrepreneurs as high-pow­ alumni, faculty, students, and guests from Attorneys General chose Stanford Law ered as the panelists. a wide range of high-technology busi­ School as the site for a major conference The conference packed an impressive nesses and law practices enjoying a buffet inJanuary on issues that the Internet pre­ series of presentations into a single day. dinner by candlelight in the Rodin ro­ sents for law enforcement. Nearly halfthe As Bill Fenwick, founder of Fenwick & tunda of the beautifully refurbished nation's state attorneys general and their West and a leading voice in Silicon Valley Stanford Art Museum, now known as the staffs joined federal prosecutors, comput­ law practice, wrote me in congratulating Iris & B. Gerald Cantor Center for Visual er experts and members ofthe press to dis­ Stanford on the conference, "I left the Arts. Over in one corner you might have cuss how to prevent fraud, hate, and dan­ conference feeling I had just heard a week­ seen Whitfield Diffie, inventor of public gers to children on the Internet, and how long presentation of the thinking of a key encryption, chatting with present and to govern commercial transactions in an number ofacademics and others on what former Department of Justice officials unbounded global marketplace. is a most important issue presented by about hackers who threaten the security In a keynote address to the confer­ the Internet." ofonline communications. ence, Attorney General Reno made clear The panels made clear that there is In another corner you might have why she chose to make her first major not one single issue of privacy on the seen comparative law experts contrasting Internet speech at Stanford, in California Internet but several: the privacy ofspace the European view that data privacy is a Stanford Law School is ideally situated to lead the way in developing law and policy for this new world, and I aim with the help of my colleagues and advisors in our Law, Science & Technology program to make it the best forum in the nation for doing so. and the heart ofSilicon Valley. Announcing we might wish to protect from offensive human right with the American tenden­ a lO-point plan for controlling the "dark or disturbing images, the privacy ofper­ cy to favor the free flow ofcommerce and side" of the Internet even as we enjoy its sonality we might wish to protect from the speech. A third cluster ofacademics might revolutionary benefits, the Attorney unseen intrusion ofcommercial data col­ have been found debating the relative mer­ General emphasized the need for coop­ lectors, the privacy ofproperty we might its oftreating our personal privacy online eration across traditional federal-state and wish to protect from unlicensed copying like property that might be contracted public-private boundaries. "None of us and distribution, and the privacy ofcom­ away for a fee; a fourth, the likelihood can do this by going it alone," she said, munications we might wish to protect that trusted systems will efficiently enable promising that the federal government from prying eyes. The debate and artists and publishers to reap license fees would seek increasing collaboration with discussion was lively on all points. The online for use of their works. the states and with industry in keeping papers from the conference will appear in All this talk among the marble figures hackers, cyberterrorists, and cyberstalk­ a forthcoming issue of the Stanford and columns conjured up what is best ers in check. Law Review and online in the Stanford about Stanford: Venerable setting; new The Law School hosted a second re­ Technology Law Review (www.law. ideas. Traditional excellence; embrace of markable gathering of high-technology stanford.edufpublicationsl). innovation. Reveling in beauty; solving experts in February for a conference on Stanford Law School is ideally situ­ difficult problems. The scene was the liv­ "Cyberspace and Privacy." Organized ated to lead the way in developing law ing image of the collaboration Attorney with great energy by the student editors and policy for this new world, and I aim General Reno sketched in her Stanford ad­ ofthe Stanford Law Review and the online with the help of my colleagues and advi­ dress: a collaboration between the worlds Stanford Technology Law Review, with the sors in our Law, Science & Technology ofacademia, law, business, and public pol­ support of the Law School's Program in program to make it the best forum in the icy. We aim to provide such a setting for Law, Science & Technology, the confer- nation for doing so. A single image from many collaborations to come. _ STANFORD LAWYER 3 ~tieLS _ Issue 57 / Vol. 34/ No.2 Mills should be commended Theoretically speaking Editor The petty carping by fellow alumni (Letters, I was intrigued by the startling revelation KEVIN COOL Fall 1999) concerning the article about j [email protected] ofJohn Donohue and Stephen Levitt, as Cheryl Mills and her defense of the presi­ reported in the Fall 1999 issue, that abor­ Communications Director dent in the impeachment proceedings tion reduces crime rates. The article states ANN DETHLEFSEN [email protected] demonstrates that as lawyers, the writers that "the scholars estimate that for every have forgotten the first duty ofthe attorney 10 percent of total pregnancies aborted, a An Director, Design & Production is to defend his or her client. The attorney concomitant 1 percent reduction in crime AMPARO DEL RIO is not to judge him. These lawyers have also results." This is a powerful theory, and ob­ am [email protected] forgotten another cardinal rule when it viously one of great importance to society Copy Editor comes to criticism ofcounsel in a legal pro­ (the annual cost of crime must be in the DEBORAH FIFE ceeding: that is, first read the underlying billions ofdollars in the United States alone); Contributing Editors transcript and get your facts right. The third but I am convinced that the theory is in­ NINA NOWAK rule is that if the forum in which the de­ complete in some aspects. ERIKA WAYNE fendant was tried has acquitted, the defen­ As stated, the theory describes a linear Class Correspondents dant was not guilty. Mills is to be com­ relationship between abortion and crime 57 ESTIMABLE ALUMNI mended, not criticized. Criticism of her rate reduction; but I am convinced that the Editorial Interns client is not appropriate in the forum relationship is not linear, but geometric­ MICHAEL FINNEY (AB '00) GLORIA HUANG (AB '01) Stanford Lawyer provides. that is, crime rates decrease faster than the IfMills's spirited defense "contributed rate ofabortion increases. Production Associates JOANNA MCCLEAN to the weakening morals ofthis country," as The power of a scientific theory is MARY ANN RUNDELL one writer argued, then no one whom the shown by its ability to predict correctly the LINDA WILSON writer has prejudged is entitled to a defense.
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