Friday, March 11, 2016

8:30 AM

Breakfast and Registration

9:00 AM

Welcome [AUDIO]

James Dempsey, UC Berkeley School of Law, BCLT

9:10 AM

Consent, Contracts and Other Issues in EU-US Privacy Law – The Future of Trans-Atlantic Transfers [AUDIO]

The law in the United States has long approved of and relied on individual authorization, explicit or implicit, as a legal basis for agreement. In contrast, the European Union has sought to limit the unbridled use of consent and contract. Building on this tradition, the EU has demonstrated profound skepticism towards contract in its data protection law. This session explores the differing views in the U.S. and EU towards the use of contract law and consent in consumer-oriented contracts. It also explores other challenges to trans-Atlantic data processing and discusses how global companies can best structure their data flows. Prof. Paul Schwartz and a panel of experts will offer their recommendations.

Lead Presenter: Prof. Paul Schwartz, UC Berkeley School of Law, BCLT


10:30 AM


11:00 AM

Privacy By Design [AUDIO]

Privacy by Design, long discussed as a key element of responsible data governance, is now attaining regulatory significance. Europe’s new General Data Protection Regulation mandates that companies adopt PbD, and the Federal Trade Commission has signaled its interest in seeing the concept made part of corporate practices. But what exactly does Privacy by Design mean? Prof. Deirdre Mulligan will offer insights from a series of workshops she is convening, and privacy officers and technologists from leading companies will explain what they are doing to put PbD into practice.

Lead Presenter: Prof. Deirdre Mulligan, UC Berkeley School of Information, BCLT


12:15 PM


12:45 PM

Luncheon Keynote [AUDIO]

CA State Senator Jerry Hill: Privacy, Technology and the Role of State Legislators

California has long led on privacy innovation, and State Senator Jerry Hill has recently emerged in Sacramento as a dynamic privacy advocate and effective legislator on technology-related issues. Last session, he shepherded into law two bills regulating government use of surveillance technology, one on automated license plate readers and one on the use of Stingray cellphone interception equipment.

Introduced by Prof. Catherine Crump, UC Berkeley School of Law, BCLT

1:15 PM

Presentation: First Annual BCLT Privacy Award to Chris Wolf, Hogan Lovells [AUDIO]

Chris Wolf is a pioneer in the development of privacy law and the “Dean of Privacy Lawyers.” Having recognized early the power of information to drive economic success as well as its potential to harm individuals, Chris has played key roles in shaping robust data policies within corporations and in leading the international privacy dialogue. Through co-founding the Future of Privacy Forum and his broad personal connections, he has supported the growth of privacy research and academic-practitioner dialogue. BCLT is honored to award Chris Wolf the inaugural BCLT Privacy Award. 

1:30 PM


1:45 PM

Practitioners’ Panel: Practical Lessons [AUDIO]

Top privacy lawyers will offer their perspective on recent trends and future developments.

Moderator: Timothy P. Tobin, Hogan Lovells LLP


3:15 PM


3:45 PM

False Ads, Tracking Ads, and Privacy [AUDIO]

Marketers have long faced challenges in delivering advertising to the right potential customers. But the spread of ad and tracking blockers, first in desktop and now in mobile devices, poses a difficult problem for ad-supported media. Companies have tried a number of approaches, including technological fixes to circumvent blocking, appeals to moral responsibility, and even the redesign of advertising so that it appears to be a news article–so called “native advertising.” These techniques all seek to create audience engagement, but are under increasing scrutiny by regulators and consumer advocates. This panel will explore the legal contours of evolving advertising techniques and the implications of these developments for privacy.

Lead Presenter: Prof. Chris Hoofnagle, UC Berkeley School of Information, BCLT


5:00 PM