February 2013 The 6th Annual Privacy Lecture

February 28, 2013
Bancroft Hotel
Berkeley, CA

Presented by Professor Joel Reidenberg with responses by Kurt Wimmer and Professor Anu Bradford. Moderated by Professor Paul Schwartz.

Government data surveillance law in Europe and the United States has reached a turning point for the future of information privacy online.   The democracies on both sides of the Atlantic are trying to balance the legitimate needs of the law enforcement and intelligence communities to access online transactional data with the basic rights of citizens to be free from state intrusions on their privacy.    However, the US and EU regimes offer an impossible dilemma for the existence of effective information privacy protection.   American law generally focuses on access restraints for government to obtain privately held information and ignores the collection and storage of data.   By contrast, Europe emphasizes rules related to the collection and retention of data and focuses less on due process obstacles for government access.   In each system, proportionality and the privatization of state surveillance activity become keys to the transparency of citizen’s data .   But the reliance on proportionality is untenable and the imposition on private actors to resolve the balance between state and individual interests creates a fundamental undermining of online privacy.


Registration 3:00 – 3:30 pm
Presentation 3:30 – 5:30 pm
Reception 5:30 – 6:30 pm

2.0 hours of CLE credit
will be available to attendees.

Presentation Slides by Joel Reidenberg

Audio from the Lecture

Past BCLT Privacy Lectures

Joel Reidenberg

Joel R. Reidenberg

Joel R. Reidenberg holds the
Stanley D. and Nikki Waxberg Chair and is the Founding
Academic Director of the Center on Law and Information
Policy at Fordham Law School. He is an expert on information technology law
and policy. His scholarship has appeared in leading
law journals including the Emory Law Journal, Hastings
Law Journal, Houston Law Review, Stanford Law Review,
Texas Law Review and the University of Pennsylvania Law
Review. Outside
the United States, he has published widely in Europe and
is a co-author of three leading books and monographs on
international data privacy law.

Professor Reidenberg has testified
before the U.S. Congress on data privacy issues, served
as a consultant to both the Federal Trade Commission and
the European Commission, and served as a Special
Assistant Attorney General for the State of Washington
in connection with privacy litigation.  He has also
chaired the Section on Defamation and Privacy of the
Association of American Law Schools and is a former
chair of the association’s Section on Law and Computers.

Prior to joining the Fordham law
faculty, Reidenberg practiced law in Washington, DC with
the international telecommunications group of the firm
Debevoise & Plimpton and has also served as a member
of several Advisory Panels for the U.S. Congress Office
of Technology Assessment. He is
admitted to the Bars of New York and the District of

Anu Bradford

Anu Bradford

Anu Bradford is Professor of Law at
Columbia Law School. She is also a co-director of Columbia’s Center for
European Legal Studies. Her research focuses on international economic
law, EU law and comparative and international antitrust law. From 2008
to 2012, she was an assistant professor at the University of Chicago
School. Professor Bradford earned her S.J.D. (2007) and LL.M. (2002)
from Harvard Law School and also holds a law degree from the University
of Helsinki. After completing her LL.M. studies as a Fulbright Scholar
at Harvard Law School, Bradford practiced antitrust law and European
law at Cleary Gottlieb Steen & Hamilton in Brussels for two years
returning to Harvard for her doctoral studies. She has also served as
adviser on economic policy in the Parliament of Finland and as an
assistant to a member of the European Parliament. In 2010, Professor
was named a Young Global Leader by the World Economic Forum.

Prof. Paul Schwartz

Paul Schwartz

Paul Schwartz, Professor of Law at UC Berkeley School of Law, is a leading international expert on information privacy, copyright, telecommunications and information law. He has published widely on these topics. In the US, his articles and essays have appeared in periodicals such as the Harvard Law Review, Yale Law Journal, Stanford Law Review, Columbia Law Review, Michigan Law Review, and N.Y.U. Law Review. His books include Privacy Law Fundamentals (2011)(co-author Daniel Solove) and Information Privacy Law (4th ed., 2011)(co-author Daniel Solove).  Professor Schwartz has provided expert opinions, advice, and testimony to numerous governmental bodies in the United States, Canada, and Europe. He has also served as an organizer of the Privacy Law Salon, which is held annually in Miami.

Kurt Wimmer

Kurt Wimmer

Kurt Wimmer is the US chair
of Covington & Burling LLP’s Global Privacy and Data
Security practice and a partner concentrating in privacy
and technology law, as well as intellectual property and
media. He advises national and multinational companies on
privacy, data security, content and digital technology
issues. He is vice-chair of the Privacy and Information
Security Committee of the American Bar Association’s
Antitrust Section, and co-chair of the Privacy and Data
Security Committee of the Federal Communications Bar
Association. Mr. Wimmer represents clients on privacy and
public policy matters before the Federal Trade Commission,
the Federal Communications Commission, Congress, the
European Commission and state attorneys general, as well
as in privacy assessments and policies, copyright
protection and strategy, content liability advice, and
international matters. 

The 6th Annual Privacy Lecture is
sponsored by Google, Inc. and made possible by all BCLT sponsors.