Date/Time: Tuesday, March 21, 2:00 – 6:00 p.m.
Location: Arnold & Porter Kaye Scholer, 601 Massachusetts Avenue, NW

The FCBA Privacy and Data Security Committee and the ABA Forum on Communications Law will hold the 12th Annual Privacy & Data Security Symposium on Tuesday, March 21 from 2:00 – 6:00 p.m.  This CLE will be held at Arnold & Porter LLP, 601 Massachusetts Avenue, NW.

The tumultuous and widely unexpected outcome of the 2016 election creates a good deal of uncertainty about what is in store for privacy and security under a Trump administration.  After one of the most contentious periods at the Federal Communications Commission in recent-memory, with a high number of party-line votes, broadband privacy is among many items likely to be reconsidered with Republican commissioners in the majority at the Commission.  While the Federal Trade Commission has appeared to conduct its business with a priority on bipartisan consensus, the direction of this agency also could shift under Republican leadership.  Actions of both agencies and the courts could solidify jurisdictional gaps while levelling regulatory frameworks (or eliminating one altogether).  With both houses of Congress and the White House in control of the same party for the first time in six years, the potential for legislation on a wide array of privacy and security issues is newly elevated. This year’s Symposium will explore what we can expect from the FCC, the FTC, the courts, the States and Congress in the year ahead.


2:00 – 2:15 p.m.                     Opening Remarks and Introduction of Opening Address Speaker
S. Jenell Trigg, Co-Chair, Annual Symposium; Founding Co-Chair Emeritus, FCBA Privacy & Data Security Committee; and Member and Chair, IP and New Media & Technology Practice Group, Lerman Senter
Carolyn Y. Forrest, Chair, ABA Forum on Communications Law; and Vice President Legal Affairs, Fox Television Stations, LLC
Robert Branson, FCBA President; Assistant General Counsel, Verizon

2:15 – 2:40 p.m.                     An Opening Address:  Policy Priorities for the Trump Administration
A change in administration between parties always brings with it a change in policies and priorities. Two months into the Trump administration, Acting Chief of the Bureau of Consumer Protection will provide an overview of what the FTC’s priorities are with respect to privacy and security matters.

Tom Pahl, Acting Chief, Bureau of Consumer Protection, Federal Trade Commission
(Acting Chairman Maureen K. Ohlhausen is scheduled to testify at a Senate Hearing on 3/21 and Bureau Chief Pahl will provide the keynote in the event the Senate Hearing is not rescheduled.)

2:40 – 4:15 p.m.                     Session I: The FCC’s Broadband Privacy Rules, the FTC’s Common Carrier Exemption and Other Hot Topics in 2017
With a Republican controlled FCC, the odds are high that petitions to reconsider the agency’s Broadband Privacy Order will get careful consideration alongside a potential undoing of the classification of broadband as a telecommunications service.  Looming in the background however is the Ninth Circuit decision in FTC v. AT&T Mobility LLC, which found the FTC does not have jurisdiction over an entity with common carrier status.  The FCC is also very involved in cybersecurity matters.  In light of the Trump Administration’s doubts regarding claims of foreign actors’ unauthorized access to the nation’s computer infrastructure, will cybersecurity continue to be a top priority at the FCC and other agencies?  Our panel of experts will explore how these developments are likely to unfold in the early days of the Trump administration and the impact such events are likely to have on businesses and consumers for broadband, the Internet of Things, and new technology.

Sherrese Smith, Member, Telecommunications, Media, and Technology and Privacy and Cybersecurity practices, Paul Hastings LLP

Kathleen Benway, Chief of Staff, Bureau of Consumer Protection, Federal Trade Commission
Gaurav Laroia, Policy Counsel, Free Press
Gigi Sohn, Open Society Foundations Leadership in Government Fellow
FCC Representative (invited) 

4:15 – 4:25 p.m.                     Break 

4:25 – 6:00 p.m.                     Session II: Congress’s Privacy and Data Security Priorities for 2017
With both the legislative branch and the executive branch under a single party’s control again after six years, the table is set for consideration of a broad Communications Act re-write and for consideration of a wide array of legislation that could impact the Internet, broadband, the Internet of Things and related privacy and data security issues domestically and internationally.  Court cases and broader issues such as the battle over Net Neutrality and cross-border data transfers with the European Union, and the increasing involvement of the States in privacy and data security matters, are likely to color the debate.  This panel of experts will explore Congress’s expected priorities and aspirations with respect to legislation and oversight of privacy and data security issues. 

John Heitmann, Co-Chair, Annual Symposium; Chair, FCBA Privacy & Data Security Committee; and Partner and Chair, Communications Group, Kelley Drye & Warren LLP

Cort Bush, Senior Policy Advisor, Senator Jerry Moran (R-KS)
Melika Carroll, Policy Advisory, Senator Brian Schatz (D-HI)
David Goldman, Counsel, House Committee on Energy and Commerce, Minority Staff
Dr. Nicol Turner Lee, The Brookings Institute


Arnold & Porter Kaye Scholer LLP

Ballard Spahr LLP

Covington & Burling, LLP

Davis Wright Tremaine LLP

Duane Morris LLP

Jackson Walker LLP

Katten Muchin Rosenman LLP

Kelley Drye & Warren, LLP

Lerman Senter PLLC

Levine Sullivan Koch & Schulz, LLP

Paul Hastings LLP

Pepper & Hamilton LLP

Sheppard Mullin Richter & Hampton LLP

Vinson & Elkins LLP

Wiley Rein LLP

Womble Carlyle Sandridge & Rice, LLP


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