[an error occurred while processing this directive] All-Alumni Reunion 2006 [an error occurred while processing this directive]

Our Precarious Privacy

Saturday, September 30
1:30 - 2:45 pm

Listen to the panel (1 hr 11 min, 82.1 mb)    

In an era of heightened national security and robust Internet commerce, privacy has become one of the most controversial and complex issues of our time. Professor Deirdre Mulligan, director of the Samuelson Clinic, and panelists will examine questions of constitutional and civil rights and review legal battles concerning wiretapping, data mining, video surveillance. Panel experts include Professor Erin Murphy of the California Center for Criminal Justice; Kurt Opsahl '97 , staff attorney with the Electronic Frontier Foundation; and Nicole Ozer '03, technology and civil liberties policy director of the ACLU of Northern California.

 

 

Deirdre Mulligan is the director of the Samuelson Law, Technology & Public Policy Clinic and a clinical professor of law at Boalt Hall. Before coming to Boalt, she was staff counsel at the Center for Democracy & Technology in Washington, D.C. Deidre has written extensively about the risks and opportunities technology presents to privacy, free expression, and access and use of information goods.

Deidre was a member of the National Academy of Sciences Committee on Authentication Technology and Its Privacy Implications; the Federal Trade Commission's Federal Advisory Committee on Online Access and Security, and the National Task Force on Privacy, Technology, and Criminal Justice Information. She served as vice-chair of the California Bipartisan Commission on Internet Political Practices and chaired the Computers, Freedom, and Privacy (CFP) Conference in 2004. She is currently a member of the California Office of Privacy Protection's Advisory Council and a co-chair of Microsoft's Trustworthy Computing Academic Advisory Board. She serves on the board of the California Voter Foundation and on the advisory board of the Electronic Frontier Foundation.

Her recent publications about privacy include "Storing Our Lives Online: Expanded Email Storage Raises Complex Policy Issues" with Ari Schwartz and Indrani Mondal, in A Journal of Law and Policy for the Information Society (2005) and "Reasonable Expectations in Electronic Communications: A Critical Perspective on the Electronic Communications Privacy Act" in the George Washington University Law Review (2004).

 


Erin Murphy is an assistant professor of law at Boalt and member of the recently-launched Berkeley Center for Criminal Justice. Her research considers procedural and evidentiary questions related to criminal justice and new technologies such as forensic DNA typing, fMRI imaging, biometrics, and electronic tracking. Erin's most recent work, "The New Forensics: Criminal Justice, False Certainty, and the Second Generation of Scientific Evidence" in the California Law Journal (forthcoming 2007), questions whether the criminal justice system can adequately safeguard the integrity of evidence derived from sophisticated forensic technologies. She is teaching Criminal Law and Criminal Procedure.

After graduating from Harvard Law School, where she served as a notes editor for the Harvard Law Review, Erin clerked for Judge Merrick B. Garland of the U.S. Court of Appeals for the D.C. Circuit. She then joined the Public Defender Service (PDS) for the District of Columbia, where she spent three years in the trial division and two years in the appellate division. While at PDS, Erin represented clients in felony and misdemeanor cases in jury and bench trials, and argued before the D.C. Court of Appeals. She also led a widely watched constitutional challenge to the District of Columbia 's firearms law, and acquired particular expertise in the scientific and legal issues surrounding the admissibility of various types of forensic evidence.

 


Kurt Opsahl '97 is a staff attorney with the Electronic Frontier Foundation (EFF), where he focuses on civil liberties, free speech and privacy law. Before joining EFF, Kurt worked at Perkins Coie, where he represented technology clients with respect to intellectual property, privacy, defamation and other online liability matters, including working on Kelly v. Arribasoft, MGM v. Grokster and CoStar v. LoopNet. For his work responding to government subpoenas, Kurt is proud to have been called a "rabid dog" by the U.S. Department of Justice.

Prior to Perkins, Kurt was a research fellow at UC Berkeley’s School of Information Management and Systems. Kurt was also a member of the California Law Review and the Berkeley Technology Law Journal.

Kurt co-authored the Electronic Media and Privacy Law Handbook (2003). The handbook is considered an invaluable resource for legal counsel and global business leaders, as well as to anyone who wishes to litigate, research or study the issues that arise when law and technology intersect.

 

 


Nicole Ozer '03 is the technology and civil liberties policy director at the American Civil Liberties Union (ACLU) of Northern California, where she is working on the intersection of new technology, privacy and free speech. Before joining the ACLU, Nicole was an intellectual property litigation associate at Morrison & Foerster. She has also worked on diverse civil liberties technology projects with the Samuelson Law, Technology, and Public Policy Clinic at Boalt.

Prior to law school, Nicole launched Youth with Promise, an award-winning youth volunteer program in Santa Clara County that connects youth to volunteer opportunities and trains young leaders. She has also served as a staff member and intern for several local elected officials. Nicole was recognized by San Jose Magazine in 2001 as one of 20 Women Making a Mark in Silicon Valley. 

She graduated from Amherst College, studied comparative civil rights history at the University of Cape Town, South Africa, and earned her J.D. with a Certificate in Law and Technology from Boalt Hall. While attending Boalt, she was an executive editor for the Berkeley Technology Law Journal, was on the leadership board of boalt.org, served as co-president of her law class, was honored by the law school for excellence in clinical advocacy, and was awarded the Young Bear Award by UC Berkeley.

 


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