4th Annual BTLJ-BCLT Fall Symposium – California Constitutional Privacy at 50: Power of State Law and Promoting Racial Justice in the Digital Age

4th Annual BTLJ-BCLT Fall Symposium – California Constitutional Privacy at 50: Power of State Law and Promoting Racial Justice in the Digital Age

Program occurred on October 27, 2023

Event Information | Agenda | Resources

Opening Remarks

Speaker:

• Savala Nolan, Executive Director, Thelton E. Henderson Center for Social Justice at Berkeley Law

4th Annual BTLJ-BCLT Fall Symposium – California Constitutional Privacy at 50: Power of State Law and Promoting Racial Justice in the Digital Age

Program occurred on October 27, 2023

Event Information | Agenda | Resources

Panel 1: California Constitutional Privacy – What, How, and Why

The “moving force” behind this new constitutional provision was to protect against the “modern threat” related to the “encroachment on personal freedom and security caused by increased surveillance and data collection activity in contemporary society.”   

This panel will lay the historical background for what, how, and why the Constitutional right to Privacy exists in California law. Panelists will draw parallels between the surveillance harms that initially motivated the right and the challenges present today.

Speakers:

• Dorothy M. Ehrlich, Former Deputy Executive Director, ACLU
• Rodolfo E. Rivera Aquino, Litigation Associate, Farella Braun + Martel LLP
• Jonathan Simon, Lance Robbins Professor of Criminal Justice Law, Berkeley Law
• Lee Tien, Legislative Director and Adams Chair for Internet Rights, Electronic Frontier Foundation

Moderator:

• Nicole A. Ozer, Technology and Civil Liberties Director, ACLU of Northern California 

4th Annual BTLJ-BCLT Fall Symposium – California Constitutional Privacy at 50: Power of State Law and Promoting Racial Justice in the Digital Age

Program occurred on October 27, 2023

Event Information | Agenda | Resources

Panel 2: Fundamental Privacy Rights – Intersectional Justice

“The right of privacy is the right to be left alone. It is a fundamental and compelling interest. It protects our homes, our families, our thoughts, our emotions, our expressions, our personalities, our freedom of communion and our freedom to associate with the people we choose…The right of privacy is an important American heritage and essential to the fundamental rights guaranteed by the First, Third, Fourth, Fifth and Ninth Amendments to the U.S. Constitution.” 

This panel will explore the intersectional nature of this fundamental privacy right and how it can better support rights and power social change for diverse Californians.

Speakers:

• Anita Allen, Henry R. Silverman Professor of Law and Professor of Philosophy, Penn Carey Law
• Matt Cagle, Senior Staff Attorney, Technology and Civil Liberties Program, ACLU of Northern California
• Ángel Díaz, Visiting Assistant Professor of Law, USC Gould School of Law
• Scott Skinner-Thompson, Associate Professor of Law, University of Colorado Law School

Moderator:

• Melissa Goodman, Executive Director, Center on Reproductive Health, Law, and Policy, UCLA School of Law

4th Annual BTLJ-BCLT Fall Symposium – California Constitutional Privacy at 50: Power of State Law and Promoting Racial Justice in the Digital Age

Program occurred on October 27, 2023

Event Information | Agenda | Resources

Panel 3: Fighting the Public/Private Surveillance Partnership – Privacy Sword Against Both Government and Corporations

“It prevents government and business interests from collecting and stockpiling unnecessary information about us and from misusing information gathered for one purpose in order to serve other purposes or to embarrass us… “

This panel will focus on use of the California Right to Privacy to protect against privacy intrusions by both government and private actors – and public and private surveillance partnership.

Speakers:

• Chris Conley, Assistant Director of the Technology Law Clinic and Clinical Associate Professor of Law, Boston University School of Law
• Nicole A. Ozer, Technology and Civil Liberties Director, ACLU of Northern California
• Steven Renderos, Executive Director, MediaJustice

Moderator:

• Cindy Cohn, Executive Director, Electronic Frontier Foundation 

4th Annual BTLJ-BCLT Fall Symposium – California Constitutional Privacy at 50: Power of State Law and Promoting Racial Justice in the Digital Age

Program occurred on October 27, 2023

Event Information | Agenda | Resources

Keynote Address with Dean Erwin Chemerinsky

Speakers:

• Erwin Chemerinsky, Dean, Berkeley Law

4th Annual BTLJ-BCLT Fall Symposium – California Constitutional Privacy at 50: Power of State Law and Promoting Racial Justice in the Digital Age

Program occurred on October 27, 2023

Event Information | Agenda | Resources

Panel 4: Power to the People – An Inalienable and Positive Privacy Right 

“Fundamental to our privacy is the ability to control circulation of personal information. This is essential to social relationships and personal freedom. The proliferation of government and business records over which we have no control limits our ability to control our personal lives.”

This panel will explore the California Right to Privacy as an affirmative right designed to help Californians lead more powerful, empowering, and free lives.

Speakers:

• Veena Dubal, Professor of Law, UC Irvine School of Law
• Stacy-Ann Elvy, Professor of Law, UC Davis School of Law
• Tiffany Li, Associate Professor of Law, University of San Francisco School of Law
• Ari Waldman, Professor of Law, UC Irvine School of Law

Moderator:

• Jennifer Urban, Clinical Professor of Law, Berkeley Law

4th Annual BTLJ-BCLT Fall Symposium – California Constitutional Privacy at 50: Power of State Law and Promoting Racial Justice in the Digital Age

Program occurred on October 27, 2023

Event Information | Agenda | Resources

Panel 5: Rights in Practice, not Words on Paper – Legal & Enforceable

“The constitutional provision, in itself, creates a legal and enforceable right of privacy for every Californian.” 

This panel will explore the California Right to Privacy in action in courts and communities.

Speakers:

• Catherine Crump, Robert Glushko Clinical Professor of Practice in Technology Law, Berkeley Law
• Jake Snow,  Senior Staff Attorney, Technology and Civil Liberties Program, ACLU of Northern California
• Vasudha Talla, Of Counsel, Emery Celli Brinckerhoff Abady Ward & Maazel LLP
• Tracy O. Zinsou, Partner, BraunHagey & Borden LLP

Moderator:

• Paul Schwartz, Jefferson E. Peyser Professor of Law, Berkeley Law