Spyware Conference

Conference Organizer:
Pamela Samuelson: BCLT, Boalt Hall School of Law, SIMS

Speakers:
Patricia Bellia: University of Notre Dame Law School
Dan Burk: University of Minnesota Law School
Henry Chesbrough: Haas School of Business
Susan Crawford: Cardozo School of Law
Timothy Ehrlich: Latham & Watkins
Reed Freeman: Claria
Jeffrey Friedberg: Microsoft
Michael Geist: University of Ottawa
Eric Goldman: Marquette University Law School
Seth Lesser: Locks Law Firm
Alex MacGillivray: Google
Peter Menell: BCLT & Boalt Hall School of Law
Deirdre Mulligan: BCLT & Boalt Hall School of Law
Ira Rubinstein: Microsoft
Ari Schwartz: Center for Democracy & Technology
Paul Schwartz: Brooklyn Law School
Christine Varney: Hogan & Hartson
Jane Winn: University of Washington School of Law

Bios

Pamela Samuelson is a Professor at the University of California at Berkeley with a joint appointment in the School of Information Management and Systems and the School of Law. She is also Co-Director of the Berkeley Center for Law and Technology. Her principal area of expertise is intellectual property law. She has written and spoken extensively about the challenges that new information technologies are posing for public policy and traditional legal regimes and is an advisor for the Samuelson Law, Technology and Public Policy Clinic. Since 2002, she has also been an honorary professor at the University of Amsterdam.
Homepage: http://www.sim s.berkeley.edu/~pam/

Patricia L. Bellia teaches and researches in the areas of internet law, electronic surveillance law, and constitutional law at University of Notre Dame Law School. Before joining the faculty in 2000, Professor Bellia worked for three years as an attorney-advisor in the Office of Legal Counsel of the United States Department of Justice, advising components of the Justice Department and other executive branch actors on statutory and constitutional matters, including separation-of-powers and high-tech crime issues. She also clerked for Associate Justice Sandra Day O'Connor of the Supreme Court of the United States and Judge José A. Cabranes of the United States Court of Appeals for the Second Circuit. Professor Bellia earned her J.D. from the Yale Law School in 1995, where she served as editor-in-chief of the Yale Law Journal and executive editor of the Yale Journal of International Law, as well as a student director of the Immigration Legal Services Clinic. She earned her A.B. summa cum laude from Harvard University in 1991, where she was elected to membership in Phi Beta Kappa.
Homepage: http://www.nd.edu/~ndlaw/faculty/facultypages/belliap.html

Dan L. Burk is an internationally prominent authority on the law of intellectual property, who specializes in the areas of cyberlaw and biotechnology. After visiting at the University of Minnesota during the 1999-2000 academic year, Professor Burk joined the Law School faculty in the Fall of 2000 as Professor of Law and Vance K. Opperman Research Scholar. During 2001-2002, he was appointed to the Julius Davis Chair in Law. He currently holds the Oppenheimer, Wolff & Donnelly Profesorship in Law. Prior to his arrival at the University of Minnesota, Professor Burk taught at Seton Hall University in New Jersey. From 1991 to 1993 he was a Teaching Fellow at Stanford Law School. He has also taught as a visitor at George Mason University, at Cardozo Law School, at the Ohio State University Programme at Oxford, and at the Program for Management in the Network Economy at the Universita Cattolica del Sacro Cuore in Piacenza, Italy. Professor Burk holds a B.S. in Microbiology (1985) from Brigham Young University, an M.S. in Molecular Biology and Biochemistry (1987) from Northwestern University, a J.D., cum laude ,(1990) from Arizona State University, and a J.S.M. (1994) from Stanford University. He is a member of the Order of the Coif and has served as a legal advisor to a variety of private, governmental, and intergovernmental organizations, including the American Committee for Interoperable Systems, the OECD Committee on Consumer Protection, and the United States State Department Working Group on Intellectual Property, Interoperability, and Standards.
Homepage: http://www.law.umn.edu/FacultyProfiles/BurkD.htm

Henry Chesbrough is a professor at UC Berkeley's Haas Business School, where he teaches and runs a center on managing innovation and the management of technology and researches in the areas of managing innovation, corporate venture capital, spin-offs, and managing intellectual property. Henry spent ten years in senior product planning and strategic marketing positions in Silicon Valley. Currently he teaches and runs a research center on managing innovation and intellectual property at the Haas Business School at UC Berkeley.
Homepage: http://www.haas.berkeley.edu/faculty/chesbrough.html

Susan Crawford is Assistant Professor of Law at Cardozo Law School, teaching cyberlaw and intellectual property law. She is also a Policy Fellow with the Center for Democracy & Technology in Washington, D.C, a Fellow with The Information Society Project at Yale Law School, and is active with the Internet Policy Project of the Aspen Institute. Ms. Crawford received her B.A. (summa cum laude, Phi Beta Kappa) and J.D. from Yale University. She served as a clerk for Judge Raymond J. Dearie of the U.S. District Court for the Eastern District of New York, and was a partner at Wilmer, Cutler & Pickering (Washington, D.C.) until the end of 2002, when she left that firm to enter the legal academy. From 1996-1998, she taught copyright as an adjunct professor at the Georgetown Law Center, and she has spoken and written frequently about online legal issues. Professor Crawford writes about digital copyright issues and internet governance. Her article, "The Biology of the Broadcast Flag" was published in the Hastings Communications and Entertainment Law Journal in late 2003. Upcoming pieces will be about online identity ("Who's In Charge of Who I Am," to be published in an NYU Press book), FCC jurisdiction ("Nice Work If You Can Get It: The FCC In The Digital Age," to be published in law review form), and other digital policy issues. She has also published many online essays about ICANN (most co-authored with David R. Johnson), and maintains a website and blog at www.scrawford.net. Susan is the Chair of the Board of Directors of Innovation Network, a member of the Board of Directors of Greenwood Music Camp, and a member of the advisory boards of Public Knowledge, SquareTrade, Renovation in Music Education, Voxiva, and other groups.
Homepage: http://www.scrawford.net/

Tim Ehrlich is an associate in the Corporate Department of Latham& Watkins' Silicon Valley office and a member of the firm's Venture and Technology Practice Group. The primary focus of his practice is on drafting, reviewing, negotiating and providing counsel to emerging and established technology companies on a variety of different transactions. Such transactions include technology transfer, software, strategic alliance, joint venture, development, manufacturing, supply, distribution and license agreements. He also has substantial expertise in the area of wiretapping and telecom regulation in the U.S. and abroad. He has written articles and lectured, most recently at Stanford and Harvard Law Schools, in the area of emerging technologies, telecom regulation and wiretapping laws.

Reed Freeman is Claria's Chief Privacy Officer and Vice President for Legislative and Regulatory Affairs. In this role, he is responsible for the company's compliance with Federal Trade Commission, state, and international regulatory requirements, and for working with key industry leaders, regulators, and legislators to develop a regulatory regime that fosters the responsible growth of the new and promising adware industry. Prior to joining Claria, Reed was a partner at Collier Shannon Scott, a Washington, DC based law firm, where he practiced online privacy and advertising law. He is a former staff attorney for the Federal Trade Commission's Bureau of Consumer Protection, an author of the CCH Advertising Law Guide (a treatise on advertising law), and an adjunct professor of advertising and privacy law at George Mason University School of Law in Arlington, Virginia. He is a member of the International Association of Privacy Professionals, a member of the Board of Advisors for E-Commerce Law & Strategy, a legal periodical focused on Internet law, and has authored dozens of published articles on advertising and privacy law. Reed received his law degree from the University of Virginia School of Law.

Jeffrey Friedberg is Director of Windows Privacy Microsoft Corporation. His responsibilities include improving the privacy experience for Windows customers and identifying best practices for software development. Previously at Microsoft he focused on privacy and legal issues relating to the Windows Media Platform and was a Group Program Manager for Microsoft's graphics software. He has over 20 years of graphics software development experience and has delivered products that range from graphics supercomputers used in medical imaging to next generation gaming devices. As VP of Engineering at Silicon Gaming, he helped launch an IPO and chaired the Gaming Manufacturers Association. At Digital Equipment Corporation, he co-architected the industry standard 3D graphics extensions for the MIT X Window System. He has a formal background in Computer Graphics and a B.S. degree in Computer Science from Cornell University.

Eric Goldman joined the Marquette Law faculty in 2002.

Professor Goldman teaches Cyberlaw, Intellectual Property, Copyrights, Contracts, Licensing and Professional Responsibility. Prior to joining Marquette, Eric had been an adjunct professor at Boalt Hall (UC Berkeley), Santa Clara University School of Law and University of San Francisco School of Law. His research focuses on Internet law, technology and marketing practices. Recent articles have addressed warez trading, spam and search engine keywords. He received his BA, summa cum laude and Phi Beta Kappa, in Economics/Business from UCLA in 1988. He received his JD from UCLA in 1994, where he was a member of the UCLA Law Review, and concurrently received his MBA from the Anderson School at UCLA. He holds leadership positions in the American Bar Association and the Computer Law Association. He serves on the editorial board of the Business Law Today and the Journal of the Copyright Society of the U.S.A. and is a member of the ABA Business Law Section Publications Board.
Homepage: http://eric_goldman.tripod.com/

Dr. Michael Geist is the Canada Research Chair of Internet and E-commerce Law at the University of Ottawa. He has obtained a Bachelor of Laws (LL.B.) degree from Osgoode Hall Law School in Toronto, Master of Laws (LL.M.) degrees from Cambridge University in the UK and Columbia Law School in New York, and a Doctorate in Law (J.S.D.) from Columbia Law School. Dr. Geist has written numerous academic articles and government reports on the Internet and law, is columnist on technology law issues for the Toronto Star, the creator and consulting editor of BNA's Internet Law News, a daily Internet law news service, editor of the monthly newsletters, Internet and E-commerce Law in Canada and Canadian Privacy Law Review (Butterworths), the founder of the Ontario Research Network for E-commerce, on the advisory boards of several leading Internet law publications as well as the author of the textbook Internet Law in Canada (Captus Press) which is now in its third edition. Dr. Geist serves on the director and advisory boards of several Internet and IT law organizations including the Canadian Internet Registration Authority, the dot-ca administrative agency, the Canadian IT Law Association, Watchfire, and Verifia. He is chair of a global Internet jurisdiction project for the American Bar Association and International Chamber of Commerce. He is regularly quoted in the national and international media on Internet law issues and has appeared before government committees on e-commerce policy.
Homepage: http://www.michaelgeist.ca

Seth Lesser is a partner at Locks Law Firm. He has a nationwide reputation for handling complex class, representative and tort actions on behalf of defrauded and injured businesses and people. Mr. Lesser received his B.A., summa cum laude, from Princeton University in 1983, where he was Phi Beta Kappa; a Ph.D. from Oxford University in Modern History in 1985, where he was a Marshall Scholar; and a J.D., magna cum laude, from Harvard Law School in 1988, where he was an Editor of the Harvard Environmental Law Review and an Editor of the Harvard International Law Journal. The DoubleClick class settlement, which included virtually every user of the Internet in America, probably had the largest class of any class that was certified in American history. Mr. Lesser is the author of "Privacy Law in the Internet Era" published in the September 2002 issue of Internet Law & Business and is nationally known as a privacy expert. Mr. Lesser has been quoted in and appeared in various legal publications, including the Wall Street Journal, The New York Times, and other newspapers and magazines. He was featured in the September 2001 issue of the ABA Journal discussing Internet privacy. He is a member of the American Bar Association and several of its committees; the National Association of Consumer Advocates; and the Bar Association of the City of New York. He has spoken at numerous conferences held by the Practicing Law Institute, the American Bar Association, the National Consumer Law Center, and Mealey's Publications among others.
Homepage: http://www.lockslaw.com/attorneyprofiles_SLesser.htm

Alex MacGillivray just joined long-time client Google as Intellectual Property Counsel. Prior to joining Google, Mr. Macgillivray was a litigator with Wilson Sonsini Goodrich & Rosati. There he also concentrated on intellectual property and internet law issues while representing clients including Napster, Streamcast Networks, Borland, Canal+Technologies, Netflix, Kontiki, the Internet Archive and Creative Commons. Mr. Macgillivray writes about law and code at Bricoleur, serves as vice-chair of the American Bar Association's Open Source Task Force, and is coding a news aggregator and mood-based music server. He received his J.D. from Harvard Law School and is an affiliate of the Berkman Center.
Homepage: http://www.bricoleur.org/

Peter S. Menell is a Professor of Law at Boalt Hall School of Law and the Executive Director of the Berkeley Center for Law & Technology. After graduating from law school, Peter Menell clerked for Judge Jon O. Newman of the U.S. Court of Appeals for the Second Circuit. He joined the Boalt faculty in 1990 and has visited at the Georgetown University Law Center, Harvard Law School and Stanford Law School. Professor Menell co-founded the Berkeley Center for Law & Technology in 1995. He holds a Ph.D. in economics from Stanford University, a J.D. from Harvard Law School, and an S.B. from the Massachusetts Institute of Technology. Professor Menell has written extensively in the fields of intellectual property and new technology, environmental law and policy, property law, and law and economics.
Homepage: http://www.law.berkeley.edu/bclt/pubs/menell/index.html

Deirdre Mulligan came to Boalt from the Center for Democracy and Technology, where she worked to advance privacy, free speech and other democratic values on the Internet. In 2001 she joined the Boalt faculty as acting clinical professor and director of the Samuelson Law, Technology, and Public Policy Clinic.

Mulligan serves on the California Internet Political Practices Commission that was created, as a result of the rapidly expanding role of the Internet in politics, to examine issues posed by political activity on the Internet in relation to the goals of the Political Reform Act of 1974 and recommend necessary legislative changes. In addition, she serves on the National Academy of Science Committee on Authentication Technologies and their Privacy Implications to assess emerging approaches to authentication in computing and communications systems, focusing on the implications of authentication technologies for privacy.

Ira Rubinstein heads Microsoft's Electronic Commerce Group in Law and Corporate Affairs, with responsibility for world wide electronic commerce policy including encryption, digital signatures, privacy and critical infrastructure issues. He is an active participant in international discussions of electronic authentication and encryption policy through both the International Chamber of Commerce (ICC) and the Business and Industry Advisory Committee (BIAC) to OECD. Over the past few years, he has attended meetings of the UNCITRAL Working Group on Electronic Commerce, Vienna (1999); the OECD Ministerial Conference on A Borderless World - Realizing the Potential for Global Electronic Commerce, Ottawa (1998); and the OECD Ad Hoc Group of Experts on Cryptography Policy, Paris (1996-1997), either as a member of the ICC or BIAC delegations. He currently serves on the U.S. Department of Commerce, President's Export Council, Subcommittee on Encryption (PECSENC). He is the author of annual survey of export controls on encryption software for the Practising Law Institute and is a frequent speaker at legal and public policy seminars. Mr. Rubinstein joined Microsoft in 1990. Before coming to Microsoft, he was in private practice in Seattle. He graduated from Yale Law School in 1985.

Ari Schwartz is an Associate Director of the Center for Democracy and Technology (CDT). Ari's work focuses on defending and building privacy protections in the digital age by advocating for increased individual control over personal information. He also works on expanding access to government information via the Internet and online advocacy and civil society. Ari is a leading expert on the issue of privacy on government Web sites and has testified before Congress and Executive Branch Agencies on the issue. Ari was named to the 2003's Federal 100 -- the top executives from government, industry and academia who had the greatest impact on the government information systems community over the past year. He is the Chair of the World Wide Web Consortium's Platform for Privacy Practices (P3P) Policy and Outreach Working Group - the leading standards setting body for Web technologies - and Co-Chair of the Congressional Internet Caucus Advisory Committee Task Force on E-Government. Ari is also on the steering committee of the Computers, Freedom and Privacy Conference and is a past Chair of the Conference.
Homepage: http://www.cdt.org/staff/ari.shtml

Paul Schwartz is a Professor of Law at Brooklyn Law School. A leading international expert on informational privacy, copyright, telecommunications and information law, he has published widely on these topics. His articles have appeared in the Harvard Law Review, Yale Law Journal, Stanford Law Review and other periodicals. Professor Schwartz has testified as an expert before Committees of the Senate and House and acted as an advisor to the Commission of the European Union and the Department of Justice, Canada. In 2002-2003, Professor Schwartz was a Berlin Prize Fellow at the American Academy in Berlin and a Transatlantic Fellow at the German Marshall Fund's Transatlantic Center in Brussels. He is on the Advisory Board of the Electronic Privacy Information Center and Microsoft's Trusted Computing Academic Advisory Board. Professor Schwartz is a graduate of Yale Law School, where he served as a senior editor of the Yale Law Journal. He received his undergraduate education at Brown University.
Homepage: http://www.paulschwartz.net

Christine Varney rejoined Hogan & Hartson in 1997, after five years in government service, to head the firm's Internet practice group. During her U.S. government tenure, Christine served as a federal trade commissioner from 1994 to 1997. At the Federal Trade Commission, she was the Clinton administration's leading official on a wide variety of Internet issues. She also pioneered the application of innovation market theory analysis to transactions in both electronic high technology and biotechnology. She led the government's effort to examine privacy issues in the information age, resulting in Congressional and agency hearings, proposed industry standards, and increased government enforcement of laws protecting privacy. Prior to becoming a federal trade commissioner, Christine was an assistant to the president and secretary to the Cabinet. She was the primary point of contact for the 20-member Cabinet. She was responsible for the overall coordination of several major issues and initiatives between the White House and various agencies. Christine lextures extensively, both in the United States and abroad, on various legal issues in American politics. She is also involved in an ongoing international dialogue on comparative political processes and competition policy with foreign government officials through the Organization for Economic Cooperation and Development (OECD). She regularly contributes to a variety of publications, including Newsweek , Antitrust Magazine , and Wired .
Homepage: http://www.hhlaw.com/site/showbio.aspx?Show=226

Jane Winn joined the faculty of the University of Washington School of Law in 2002 to teach commercial and technology law courses, and to join the Shidler Center for Law, Commerce & Technology. From 1989 to 2001, she taught commercial law and comparative law at Southern Methodist University School of Law in Dallas, Texas. In Spring 2002, she was a visiting professor at the University of California - Berkeley School of Law, and since 2001 has been a Visiting Fellow of the University of Melbourne School of Law, teaching in the e-Law program there. Professor Winn is a member of the American Law Institute and a board member of CALI - Computer Assisted Legal Instruction. From 1987 to 1989, she practiced law at the New York office of Shearman & Sterling. She is coauthor of the treatise Law of Electronic Commerce (4th ed. 2001) and the casebook Electronic Commerce (2002). Her current research interests include electronic commerce law developments in the US, EU and Greater China.
Homepage: http://www.law.washington.edu/Faculty/Winn/