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26th Annual Media & the Law Seminar

"What's Yours Is Theirs"

InterContinental Hotel at the Plaza - Kansas City, Missouri

Friday, April 19, 2013
8 a.m. - 4:15 p.m.

Digital technology increases our freedom to express ourselves but, at the same time, the technology has given government and business unprecedented opportunity to monitor, record and analyze our expressive activities. Technological advances in data mining, computing power, networking and data storage capacity have created a treasure trove of "Big Data." As the taking of personal information and the use of third-party content has become commonplace on the Internet, the legal and ethical implications have grown in proportion.

This seminar will explore how the Internet's liberating effects as a medium for First Amendment-protected expression are in conflict with its potential for privacy invasion and chilling of free speech. The program panels will analyze: Who owns personal information and how can it be used? Who is ultimately responsible for maintaining and protecting it? What are the privacy issues and obligations? Is the First Amendment complicit in the erosion of Internet privacy and the inability to protect third-party content, including right of publicity and copyright interests? Should users, including attorneys, modify their online behavior and expectations? Industry experts will discus these important issues and more at the seminar.

A Marketer Under Every Bed: Behavior Targeting and the First Amendment

ModeratorJeffrey Greenbaum, Partner, Frankfurt Kurnit Klein & Selz, New York, NY
C. Steven Baker, Director, Federal Trade Commission, Chicago, IL
Genie Barton, VP and Director, Council of Better Business Bureaus, Washington, DC
Tracy Stanton, Corporate Counsel, Evidon, Inc., New York, NY
Brian Yamada, Executive Director of Channel Activation, VML, Kansas City, MO

Materials:
Self-Regulatory Principles for Multi-Site Data (PDF)
Self-Regulatory Principles for Online Behavioral Advertising (PDF)
Mobile Privacy Disclosures (PDF)
Protecting Consumer Privacy in an Era of Rapid Change (PDF)
Online Interest-Based Advertising Decisions - U.S. BBB

Even Big Brother is Paranoid: The Security and Privacy Paradox

Moderator: Nancy Libin, Partner, Wilkinson Barker Knauer, LLP, Washington, DC
Branden Bell, Partner, Sandage Bell, Kansas City, MO
Richard W. Downing, Principal Deputy Chief, Computer Crime and Intellectual Property Section, United States Department of Justice, Washington, DC
Caleb Stegall, Chief Counsel for Kansas Gov. Sam Brownback, Topeka, KS

Materials:
Searching and Seizing Computers and Obtaining Electronic Evidence in Criminal Investigations (PDF)
United States v. Warshak (PDF)
United States v. Jones (PDF)
United States v. Skinner (PDF)
Five Myths Regarding Privacy and Law Enforcement (PDF)
Integration of Drones into Domestic Airspace: Selected Legal Issues (PDF)
License Plate Readers Spark Debate (PDF)

Who Needs Enemies? Ethical Pitfalls for Lawyers Who "Friend" and Use Social Networks

Moderator: Theodore D. Frank, Chair, District of Columbia Board of Professional Responsibility, and Retired Partner, Arnold & Porter, Washington, DC
Hon. Steve Leben, Kansas Court of Appeals, Topeka, KS
Dan Nelson, Assistant US Attorney, Kansas City, MO
Advocates: Jim Holmes, Partner, Sedgwick, Los Angeles, CA, and Leita Walker, Associate, Faegre Baker Daniels, Minneapolis, MN

Materials:
Readings Related to Ethics Panel Media Law Seminar 2013 (PDF)
Thinking Ethics 7-11 (PDF)
SDCBA Legal Ethics Opinion 2011 (PDF)
Ramirez v. Trans Union (PDF)

Pirates in the Basement: Does the DMCA Adequately Deal with Piracy?

Moderator: Chuck Tobin, Partner, Holland & Knight, Washington, DC
Chris Bavitz, Assistant Director, Cyberlaw Clinic, Berkman Center for Internet & Society, Cambridge, MA
J. Caleb Donaldson, Associate Copyright Counsel, Google, Mountain View, CA
Paul Smith, Partner, Jenner & Block, Washington, DC
Mitch Stoltz, Staff Attorney, Electronic Frontier Foundation, San Francisco, CA
Elizabeth Valentina, Vice President, Content Protection Litigation, Fox Entertainment Group, Inc., Los Angeles, CA

Materials:
UMG Recordings v. Shelter Capital Partners (PDF)
Viacom International Inc., Football Association Premier League Ltd. v. YouTube, Inc. (PDF)
YouTube Wins Summary Judgment in Viacom DMCA Lawsuit (PDF)
Viacom v. Google: A Decision At Last, And It's Mostly Good For the Internet and Innovations (PDF)
Judge Rules That Content Owners Must Consider Fair Use Before Sending (PDF)
Viacom International Inc., v. YouTube, Inc. (PDF)

No One's Dead Forever: Technology and the Evolving Right of Publicity

Moderator: Lee Levine, Partner, Levine Sullivan Koch & Schulz, Washington, DC
Doug Mirell, Partner, Harder Mirell & Abrams LLP, Los Angeles, CA
Kelli Sager, Partner, Davis Wright Tremaine, Los Angeles, CA
Paul Smith, Partner, Jenner & Block, Washington, DC

Materials:
Summary of Right of Publicity Issues (PDF)
Appellant's Opening Brief in Keller v. Electronic Arts, Inc. (9th Cir. 2010) (PDF)
Brief Amicus Curiae in Keller v. Electronic Arts, Inc. (PDF)
Comedy III Productions, Inc. v. Gary Saderup, Inc. (PDF)*
Rogers v. Grimaldi (PDF)*
No Doubt v. Activision Inc. (PDF)*
Postmortem Publicity Statute (PDF)*
Memorandum of Agreement: Theatrical Television (PDF)
Producer-Screen Actors Guild Codified Basic Agreement of 2005 (PDF)
2007-2010 AFTRA National Code of Fair Practice for Network Television Broadcasting (PDF)

*Materials reprinted from Westlaw with permission of Thomas Reuters

Luncheon Speaker

John Perry Barlow is an American poet and essayist, retired Wyoming cattle rancher, and a cyberlibertarian political activist who has been associated with both the Democratic and Republican parties.  He is also a former lyricist for the Grateful dead and a founding member of the Electronic Frontier Foundation.  Since May 1998, he has been a Fellow at Harvard University's Berkman Center for Internet and Society.  He has been identified by Time magazine as one of the "School of Rock: 10 Supersmart Musicians."

Bonus Session

A Joint Presentation by the
ABA TIPS Media and Defamation Torts Committee and
KCMBA Media Law Committee

Thursday, April 18, 2013
4 p.m. - 5:30 p.m.

Join us for a discussion about new journalism business models, including collaborative reporting and outsourcing of investigative reporting, and the attendant legal and insurance issues that arise.

The New Media Economy: Legal and Insurance Perspectives on New Business Models and Evolving Exposure

Moderator: Joe Larsen, Special Counsel, Sedgwick, Houston, TX
Eric Brass, Corporate Counsel, WGBH, Boston, MA
Kevin Davis, CEO, Investigative News Network, Encino, CA
Blake Keating, Vice President, Media Claims, OneBeacon Professional Insurance, Raleigh, NC
Laura Prather, Partner, Haynes & Boone, Austin, TX

Materials coming soon

Past Seminars

20142013 | 2012 | 2011 | 2010 | 2009
2008 | 2007 | 2006 | 2005 | 2004 | 2003

Return to 2015 seminar page

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