Legal Symposium on Mobile Devices, Location Technologies and Shifting Values

Fifth Annual Law & Information Society Symposium: Mobile Devices, Location Technologies & Shifting Values

03.25.11 Fri
Time: 9:00 a.m. – 5:30 p.m.
Location: Lowenstein Building, 12th Floor Lounge

In celebration of CLIP’s Fifth Anniversary, this symposium will explore emerging law and policy related to mobile devices, location technologies and shifting public values. Advances in information and network technologies have placed mobile computing at the forefront of the global information economy. The popularity of devices like smart phones and of applications providing location based services have led to an increase in information collection and information accessibility. At the same time, values and societal expectations with respect to key issues such as access to networks, use of content, and privacy are shifting. This symposium will bring together thought-leaders and practitioners to address and assess policies and solutions for the cutting-edge issues that will affect the evolution of mobile computing.

8:30 – 9:00 Registration and Breakfast

9:00 – 9:10 Welcome

9:10 – 9:30 Mobile Computing 101

This introductory presentation will provide a technological primer on mobile devices and location technology. Topics covered will include: What location data is currently being collected and by whom? How is this location data being used? What are location based services (LBS)? What consumer and business LBS are on the horizon?

Speaker: Matt Blaze, Associate Professor of Computer Science, University of Pennsylvania

9:30 – 11:00 Panel 1: Evolving Values Regarding Locational Privacy

Have mobile devices and location based services changed our values regarding privacy, data collection and data use? This panel will explore the privacy concerns that arise as people begin turning over and technologies disclose more information in order to use mobile devices and LBS. What rights do individuals have in the data collected? What rights do people expect and are expectations changing as these services become more popular? What rights are granted/recognized internationally and how can compliance with local and international standards be assured? What rights should corporations ethically grant their users?

Moderator: Katherine Strandburg, Professor of Law, New York University School of Law

Cedric Burton, Associate, Hunton & Williams LLP
Lorrie Cranor, Associate Professor of Computer Science, Carnegie Mellon University
Maneesha Mithal, Director of the Division of Privacy & Identity Presentation, Federal Trade Commission
Shane O’Neill, Chief Technology Officer, Fandango, Inc.
Jules Polonetsky, Co-Chair and Director, Future of Privacy Forum
Teresa Scassa, Canada Research Chair in Information Law, University of Ottawa Faculty of Law

11:10 – 11:15 Break

11:15 – 12:45 Panel 2: Shifting Standards for Law Enforcement and Government Access to Location Data

What standards should apply to government access to, and collection of location data? This panel will consider how the “reasonable expectation of privacy” is changing as individuals hand more data over to third parties. What limits should there be on law enforcement access to this new data? What are the most significant international differences in the standards for government access to location data?

Moderator: Alexander H. Southwell, Partner, Gibson, Dunn & Crutcher LLP

Kevin Bankston, Senior Staff Attorney, Electronic Frontier Foundation
Susan Freiwald, Professor of Law, University of San Francisco School of Law
Orin Kerr, Professor of Law, George Washington University Law School

12:45 – 2:15 Lunch and Panel 3: The Judicial Panel

A panel of judges will discuss the challenges of confronting new technologies in the courtroom.

Moderator: Joel R. Reidenberg, Stanley D. & Nikki Waxberg Chair and Professor of Law and Academic Director of the Center on Law & Information Policy

The Honorable Marsha S. Berzon, U.S. Court of Appeals for the Ninth Circuit
The Honorable Denny Chin, U.S. Court of Appeals for the Second Circuit
The Honorable Marilyn Patel, U.S. District Court for the Northern District of California

2:15 – 3:45 Panel 4: Emerging Issues for Intellectual Property and Mobile Devices

How do mobile devices and location technologies impact the distribution of content? This panel will consider how mobile computing impacts intellectual property rights. What challenges do content providers face in bringing their products to mobile devices? How do these challenges vary across national borders? How does mobility impact distribution rights? How do location technologies impact territorial licensing and royalty calculations?

Moderator: Jeffrey P. Cunard, Partner, Debevoise & Plimpton LLP

James Grimmelmann, Associate Professor, New York Law School
Hayley Geftman, Vice President of Legal & Business Affairs, MTV Networks Digital
Richard Raysman, Partner, Holland & Knight LLP
Michael Simon, Senior Vice President of Business Affairs, General Counsel and Chief Strategic Officer, Harry Fox Agency, Inc.

3:45 – 4:00 Break

4:00 – 5:30 Panel 5: Emerging Considerations for Transactional Practice

What new issues do mobile devices and location technologies raise? This panel will look at what practitioners can do to advise clients engaged in mobile computing and LBS. Topics of consideration may include: How do LBS providers allocate rights to mobile communications data? What happens to the location data upon dissolution or acquisition? What types of notice should providers give to users? Should the storage of location data occur on an opt in or opt out basis?

Moderator: Barry M. Benjamin, Partner, Kilpatrick Townsend

Alan Chapell, Chapell & Associates, Chair of Privacy & Advocacy Committee, Mobile Marketing Association
Brian Chase, General Counsel, Foursquare Labs, Inc.
Fabiana Leek, Legal Director, North America, Nokia, Inc.
Christopher Wolf, Partner, Hogan Lovells LLP

5:30 – 6:00 Cocktail Reception

The conference is free and open to the public.

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