Date/Time: Thursday, March 19, 2:00 – 6:05 p.m.
Location: Arnold & Porter LLP, 601 Massachusetts Avenue, NW

Unfortunately, this CLE has been postponed.

The FCBA Privacy and Data Security Committee and the American Bar Association’s Forum on Communications Law will hold the 15th Annual Privacy & Data Security Symposium on Thursday, March 19 from 2:00 – 6:05 p.m.  This program will be held at Arnold & Porter LLP, 601 Massachusetts Avenue, NW.

Many stewards of the Internet’s most popular websites, online services, and platforms have historically funded their products and services by harnessing the value of consumer data, with varying degrees of transparency about what data they collect, how they use it, and what third parties do with it.  Consumers, public interest groups, some tech companies, regulators, and governments across the world have increasingly criticized this state of affairs – and called for reform.

This event will present an in-depth discussion of key trends in these reform efforts, including the growing role of consumer data rights, increasing platform regulation, and ongoing debates over the efficacy of enforcement efforts. We will examine the varying approaches that recently implemented laws, such as the European Union’s General Data Protection Regulation (GDPR) and the California Consumer Privacy Act (CCPA) have taken on these three topics – and what approach future laws and regulations may take in the new decade.

 If you are located outside of the Washington, DC metro area and are interested in attending via webcast, please contact elizabeth@fcba.org.

*Note that ABA Forum on Communications Law members may not register online.  Please download the registration form below.

 AGENDA

2:00 – 2:05 p.m.         Opening Remarks and Introduction

2:05 – 2:25 p.m.         Keynote Address

FCC Commissioner Geoffrey Starks

2:25 – 3:30 p.m.         Session I: Consumer Data Rights
Providing consumers with greater ability to control their personal information has been key focus of recent and proposed changes to privacy law.  Our first panel will critically evaluate the rise and future of legally actionable consumer data rights, looking to issues such as: Have new laws given consumers effective and meaningful choices with respect to personal information – or have they just created notice fatigue? What has the effect been on competition?  How do property-rights or fiduciary-based proposals, such as New York Shield, fit in?  How can organizations cope as rights-related obligations proliferate in different jurisdictions?

Moderator:
Adrienne Fowler, Partner, Harris, Wiltshire & Grannis LLP

Speakers:
Greg Anderson, Vice President and Chief Privacy Officer, The E.W. Scripps Company
Frances Henderson, Vice President and National Director, Privacy Initiatives, Better Business Bureau
Evelyn Remaley, Associate Administrator, Office of Policy Analysis and Development, National Telecommunications Information Administration

3:30 – 3:40 p.m.         Break

3:40 – 4:45 p.m.         Session II: Platform Regulation
Toward the end of the decade, lawmakers, regulators, and the public placed a renewed focus on the responsibility that platform providers have for the content and conduct of companies that use the platform, including those providers’ and their corporate clients’ privacy practices. For example, Google settled allegations by the Federal Trade Commission and New York Attorney General that its subsidiary YouTube knowingly collected information from children in violation of the Children’s Online Privacy Protection Act (COPPA) Rule. And Facebook has been subject to intense scrutiny in connection with of its sharing of Facebook users’ data with third parties. Panel II will discuss and debate the current and future states of platform providers’ evolving obligations as “privacy gatekeepers” for third-party conduct.

Moderator:
Melissa Kern, Member, Frost Brown Todd LLC

Speakers:
Laura Moy, Associate Professor of Law, Georgetown University Law Center; Director, Georgetown Law Communications & Technology Law Clinic
Amelia Vance, Director of Youth & Education Privacy and Senior Counsel, Future of Privacy Forum

4:45 – 4:50 p.m.         Break

4:50 – 6:00 p.m.         Session III: Enforcement
Though the Federal Trade Commission remains the leading federal enforcer against companies and online platforms for privacy and data security failures, questions remain over whether it is effective or whether a new data privacy and security agency is needed.  The roles of state and private enforcement also are the subject of ongoing debate.  Questions also linger over the role of other federal agencies, especially with respect to cybersecurity.  This panel will explore these items while building on the prior two by focusing on consumer control and platforms in particular.

Moderator:
John Heitmann, Partner, Kelley Drye & Warren

Speakers:
Alicia Puente Cackley, Director, Financial Markets and Community Investment, U.S. Government Accountability Office
Michelle Richardson, Director, Privacy and Data Project, Center for Democracy and Technology
Andrew Smith, Director, Bureau of Consumer Protection, Federal Trade Commission
Yael Weinman, Associate General Counsel for Privacy, Verizon

6:00 – 6:05 p.m.         Closing Remarks