Conference on Effective Consumer Privacy Enforcement

October 13 & 14, 2011 - Bancroft Hotel, Berkeley, CA


   
The advent of new, problematic tracking technologies has brought about increased interest in privacy litigation. New cases being brought test innovative theories under the Computer Fraud and Abuse Act, Trade Secrets Law, and state Unfair/Deceptive Trade Act statutes. Effective Consumer Privacy Enforcement is a two-day conference for plaintiff attorneys to develop new strategies for privacy cases and network with other litigators in the field. It will focus upon four key issues that present challenges to plaintiff recovery in litigation:

  • The challenge of understanding new tracking and advertising technologies. Few outside the advertising industry understand the nebulous world of data profiling and targeted marketing. Understanding and being able to explain these technologies to courts is key for successful claims.
  • The nuances of American privacy law. America’s privacy laws are esoteric and highly dependent upon seemingly arbitrary technical distinctions. Many of these laws restrain the use of contract to change terms arbitrarily or gain “consent” through long-winded EULAs; better familiarity with these issues will translate to stronger claims.
  • The challenge of proving privacy “harm.” Scholars have made headway in developing metaphors for online privacy harms. ECPE offers the opportunity to network and share ideas about how to articulate harm.
  • The "Streisand" effect: this occurs where a victim of a privacy wrong becomes the target of even more adverse news coverage and publicity. ECPE will focus on protecting the privacy of privacy litigants.

* Note: This will be an invitation-only conference. If you wish to attend, please send your request via email to ecpeconference@law.berkeley.edu. CLE will be available. There is a nominal $250 registration fee to offset the cost of the conference.

For more information, please email ecpeconference@law.berkeley.edu, and be sure to check this website for updates as the conference approaches.