Date/Time: Wednesday, November 16, 2:00 – 6:00 p.m. ET
Location: Virtual via Zoom

The FCBA Privacy and Data Security Committee and the American Bar Association’s Forum on Communications Law will hold the 17th Annual Privacy & Data Security Symposium on Wednesday, November 16 from 2:00 – 6:00 p.m. ET.  This program will be held virtually via the Zoom platform.

This year has seen major developments across the federal privacy landscape.  At the agency level, in the continued absence of comprehensive federal privacy legislation, the Federal Trade Commission (FTC) recently launched a federal privacy rulemaking, which—if it results in federal privacy rules—will mark a sea-change in the U.S. approach to consumer privacy.  There have been major developments in the courts as well, including the Supreme Court’s recent decisions that implicate personal privacy issues and agency rulemaking authority, as well as growing privacy litigation stemming from both state and federal privacy laws.  This event will take a deeper dive into this evolving landscape, examining these and other developments at the federal level, and discussing how these developments relate to parallel activity at the international and state level.

If you are an ABA Forum on Communications Law member or have any issues with registration, please contact Elizabeth Hagerty at elizabeth@fcba.org.

Online registration has closed.  Please contact Elizabeth Hagerty if you would like to register.

Click here to sponsor.  Sponsorship of the event is available for $1,000 and includes one complimentary registration for the symposium.  Sponsors cannot register online.

The FCBA will apply for 3.5 hours of MCLE credit from the VA Bar.  This program has not yet been approved.

AGENDA

2:00 – 2:05 p.m.         Welcome and Introduction

2:05 – 2:30 p.m.         A Congressional Perspective on Privacy

Speakers: 

Collin Anderson, Privacy and Cybersecurity Policy Advisor, U.S. Senator Richard Blumenthal

Jamie Susskind, Tech Policy Advisor, U.S. Senator Marsha Blackburn

Moderator:

Kat Scott, Partner, Wiley Rein LLP

2:30 – 3:40 p.m.         Session I: Privacy at the Federal Trade Commission

Whether they know it or not, most Americans today surrender their personal information to engage in the most basic aspects of modern life.”  With these words, the FTC launched its much anticipated rulemaking process on federal privacy regulation, or “Commercial Surveillance and Data Security.”  What are the bounds of the FTC’s authority in this space?  Should the FTC move forward with a rulemaking and if so, what will be included in the FTC’s privacy rules?  What will the process look like and how will it be different from traditional APA rulemaking?  And given the timing of the rulemaking, how will it affect (or be affected by) Congressional efforts at a new federal privacy framework?  This panel will attempt to answer these questions and provide an overview of what may be in store for the future of U.S. privacy regulation.

Speakers:

Jon Leibowitz, Senior Counsel, Office of the Attorney General, Maryland, and Former FTC Chairman

John Miller, Senior Vice President of Policy and General Counsel, ITI

Tatiana Rice, Policy Counsel for U.S. Legislation and Biometrics, Future of Privacy Forum

Maureen Ohlhausen, Partner, Baker Botts, and Former FTC Acting Chairman

Moderator:

James Park, Security and Technology Counsel, Appian

3:40 – 3:45 p.m.         Break

3:45 – 4:45 p.m.         Session II:  Privacy at the Supreme Court

In one of the most controversial opinions of the term, Dobbs v. Jackson Women’s Health Organization, the Court overturned Roe v. Wade, which held that abortion was part of a right to privacy.  In his concurrence, Justice Thomas even questioned what he deemed the “facial absurdity” of Griswold v. Connecticut, which declared a right of privacy being implicit in the Constitution, leaving privacy advocates concerned about privacy-based precedent beyond Roe and Casey.  Along with Dobbs, the powers of federal agencies to enact potential privacy-based regulation has been called into question this past term.  In West Virginia v. EPA, the Court limited the Environmental Protection Agency’s authority to regulate gas emissions in the power sector.  Applying the major questions doctrine, the Court required Congress to provide clear direction in its delegation of authority to agencies.  Analysts suggest this decision may have ripple effects that may apply to any policymaking efforts, including privacy, by federal agencies.  This session will examine the impacts that Dobbs and West Virginia will have on consumer and employee privacy issues, and explore where the Court may turn next.

Speakers:

Diane Soubly, Professor Chicago-Kent Law School

Cody Venzke, Senior Counsel, Center for Democracy and Technology

Megan Iorio, Senior Counsel, EPIC

Florian Schaum, Assistant Professor, University of Michigan School of Information

Moderator:

Jennifer Dukarski, Shareholder, Butzel Long

4:45 – 4:50 p.m.         Break

4:50 – 5:55 p.m.         Session III: Privacy Trends in Litigation

The convergence of privacy rules in some areas and the divergence in others continue to reshape the privacy rights of action in the U.S. Federal Telephone Consumer Protection Act claims have shifted in 2022 since the Supreme Court’s Facebook, Inc. v. Duguid, and litigation has grown to test the bounds of state laws.  As organizations seek to retune their risk-based approach to privacy compliance, this panel will share valuable insight on the “standing” of many state laws that afford private rights of action, including the Illinois Biometric Information Privacy Act, the California Consumer Privacy Act (and the looming effective date of its much-anticipated amendments), the fifty shades of data security and breach notification laws, and many flavors of state telemarketing laws.

Panelists:

Michael Jaeger, Counsel, Mayer Brown

Amy Keller, Partner, DiCello Levitt

James Locke, Director, Legislative Affair, U.S. Chamber Institute for Legal Reform

Moderator:

Qiusi Y. Newcom, Associate, Faegre Drinker Biddle & Reath LLP

5:55 – 6:00 p.m.         Closing Remarks and Thank You

 

Thanks to the FCBA and ABA Forum Symposium Sponsors!

Audacy

Lerman Senter PLLC

Thompson Coburn

Wilkinson Barker Knauer, LLP

Thanks to the ABA Passport Sponsors!

Arnold and Porter

Baker & Hostetler LLP

Ballard Spahr LLP

Bryan Cave Leighton Paisner LLP

Cooley LLP

Davis Wright Tremaine LLP

Greenberg Traurig

Haynes & Boone LLP

Holland and Knight

Honigman LLP

Jackson Walker

Katten Muchin Rosenman

Scripps

Sheppard, Mullin, Richter & Hampton

Thomas & LoCicero PL

Venable LLP

Waller Lansden Dortch & Davis

Wiley

Williams & Connolly

Wilmer Cutler Pickering Hale