The European Union’s General Data Protection Regulation has been in effect for nearly a year, and California’s expansive Consumer Privacy Act is set to go into effect in 2020. This panel of regulators, in-house and outside counsel will review enforcement trends that have the greatest impact on online platforms, and actions that platforms have taken…

This session will take an in-depth look at legal strategies for protecting anonymous speech online from the perspective of the platforms that provide the channels of communication, as well as from users seeking to maintain their online anonymity. A panel of expert inside and outside counsel will consider: • What are the legal standards for maintain…

Practioners from Europe will bring us the latest developments on global takedown cases working their way through the European courts (e.g., CNIL v. Google; Glawischnig v. Facebook); and controversial provisions of the EU Copyright Directive that threaten to impose a so-called “link tax” on platforms that aggregate news content and to require platfo…

In its landmark decision in Carpenter v. United States, the Supreme Court held that the Fourth Amendment requires that law enforcement obtain a warrant before gathering historic cell site location data about a suspect from cellular service providers, calling into question the validity of the “third-party doctrine” in the online context. The decisio…

Many decisions that affect public discourse on online platforms are made before the first user logs on. Speech on the internet is shaped by platforms’ structural choices including: the length of permitted submissions; whether posts are permanent or disappear over time; how the content that users see is selected; the control granted to users over wh…

Does one infringe a copyright by in-line linking? If so, how much will our internet be shrinking? Just how pervasive are in-line linking, embedding and framing in today’s digital media? A content development and distribution pro first explains the present state before envisioning a hypothetical internet without these tools. Then counsel who won the…

New machine-learning technology is allowing even amateur video editors to conjure videos that convincingly replace people’s faces with those of others – frequently unwitting celebrities – to both creative and destructive ends. This digital face-swapping tech has been used for satirical internet videos and perhaps most famously to recreate a younger…

Kara Swisher, influential technology journalist and co-founder of Recode, speaks with fellow journalist, Sarah Jeong, on the state of the tech world in a climate where Silicon Valley is facing growing scrutiny from public officials and the public at-large. http://www.medialaw.org/images/events/2018podcast/Kara_Swisher.mp3…

The Computer Fraud & Abuse Act was enacted by Congress in 1986, primarily as a tool to criminally prosecute hackers, in an era before the web and online publishing, when the internet was mostly used by a small universe of academics, government and military staff. Although the CFAA has been updated by Congress several times, its meaning in the moder…

It has been approximately a year since the Uber scandal uncovered a culture of sexual harassment and gender bias in the tech community. Silicon Valley still faces a dearth of female founders and women are still underrepresented at executive levels in tech companies and law firms. But is the outlook showing signs of improvement? What steps are tech …

This session will begin with a tutorial on how algorithms and machine learning work in order to provide lawyers with a better understanding of how these technologies apply to solving real world problems. For example: how does machine learning help a review site spot fake reviews, a social media platform identify misinformation campaigns, or sites i…

Whether by foreign governments like Russia, or by fraudsters and other individuals wishing to influence opinion and actions on the internet for their own ends, disinformation campaigns have become an acute problem that social media sites are facing calls to address. Beginning with a tech tutorial on how fake news and other misinformation is created…

Increasingly, platforms have been under pressure on a number of fronts to take down, moderate and/or stop hosting objectionable groups and content, such as content originating from white supremacists, alleged sex traffickers, terrorist groups and the like. The pressure is coming from political forces seeking legal reforms, such as the recently pass…

Copyrights are granted globally and digital content on platforms is distributed globally. Therefore, publishers and digital platforms must consider a global approach to content management and copyright. In the U.S., the notice and takedown provisions of the Digital Millennium Copyright Act give platforms breathing room to avoid liability for the di…

Europe’s War on U.S. Platforms Many government entities in the EU appear to be gunning for U.S.-based digital companies. This is reflected in the new copyright law discussed in the earlier panel, but is also seen in a variety of data protection & privacy regulations: GDPR, Privacy Shield, right to be forgotten (including possibility of requiring gl…

The new FCC Chairman, Ajit Pai, has announced his intention to repeal the FCC’s 2015 Open Internet Order that had brought the internet under Title II common carrier regulation and to reclassify ISPs as Title I information services. There is sure to be a contentious battle over these new rules and a fierce debate about the prospects for net neutrali…

During the past year or so, a number of court decisions have chipped away at the protection of Section 230. Recently, courts have appeared receptive to claims that fall outside the usual ambit of publishing torts, where, e.g., a duty to warn was alleged (Doe v. Internet Brands), or where an online marketplace site takes a share of an unlawful trans…

This session will bring together government agents and in-house counsel, who often must call upon one another to investigate and stop cyber threats from hackers, terrorist organizations and violent extremist groups. What issues arise when digital companies seek the aid of government in response to hacking and other online threats, including those f…

This panel will explore increasingly common (and sometimes controversial) situations where digital companies must balance free speech, liberty, security and other interests of their users (along with the platform’s own right to speak and create an atmosphere that is representative of its corporate values) where the law doesn’t demand a particular a…

Remarkable advances in technology now allow every person with a smartphone, tablet or GoPro the ability to produce and distribute their own video content, immediately and globally. The recording of events from all angles presents challenges to content developers, who struggle to balance perspectives both literally and figuratively. What opportuniti…

Our lightning round panel will discuss the key takeaways from new developments in topics critical to clients publishing, monetizing, and utilizing digital content, including: (1) the Lanham Act (including commercialization of online content), (2) the Computer Fraud and Abuse Act (including delegation and authorization to access on behalf others), (…

By role-playing a series of take-down and user data request scenarios involving the EU, South America and elsewhere–even the US–a panel of experienced digital media counsel/insiders will provide both legal and practical guidance on facing the crazy quilt of challenges posed by national and cross-national demands and conceptions of privacy, security…

While the legal battle between Apple and the FBI created a firestorm of controversy, this session will aim to take our audience beyond the sensational headlines and political rhetoric, and delve into the technology, legal issues and public policy concerns at stake. The discussion among these distinguished panelists will be geared to educate confere…

Copyright law is increasingly being used – contrary to its intended purpose of incentivizing works of creation by authors and artists — by aggrieved persons wishing to remove negative or embarrassing content about them from the internet. While Section 230 and strong First Amendment protections obviate many avenues available to plaintiffs, copyright…

With Ad Blocker software reaching critical mass, both on desktop and on mobile platforms, what will be the impact on a digital media that is so largely driven by advertising revenue? This session will cover the differences between the different ad-blocking apps, the reasons for their emergence, and how platforms, publishers, advertisers, and consum…

http://www.medialaw.org/images/events/PreparingForTheNext_May2015_ki.mp3By medialawmlrc

This session will begin with a technical tutorial on the architecture of the Internet to provide a solid basis for a discussion about net neutrality — how edge providers send traffic to ISPs, how “peering,” “throttling,” and “fast lanes” work in the real world, and how the Internet can support services such as high-definition video streaming at sca…

Counsel will discuss their experiences coping with the demands of a cross-border legal environment as a practical matter: evaluating international needs, finding and working with counsel, dealing with foreign governments and crisis management. When do you worry that your company’s activities will trigger international scrutiny or liability? Do you …

Content bundles are fraying as one content producer after another announces that it is going “over the top” – streaming content that is accessible online without the need for a traditional cable television subscription. Format distinctions driven by traditional commercial models are breaking down as network shows rub shoulders with feature films, o…

Some companies are hoping the CDA will protect them even as they engage in activities in the physical world, while at the same time, courts are pushing back in certain areas, even where the claim involves publisher activities. Our expert panel will discuss: • The real-world impact of Roomates.com‘s “material contribution” standard for participating…

Fair use and the bounds of the transformational use have been front and center in a range of copyright cases this past year. A panel of experts from all sides of the fair use landscape will discuss fair use as it applies to search, digitization and accessibility. Are mass digitization projects simply mass infringement? Is fair use leaving room for …

As information increasingly moves to the cloud, as systems become ever more interconnected, and as remote access to data becomes the norm, issues concerning digital privacy and data security have come to the fore. The aggregation and sharing of information in digital environments have led to significant innovations and improvements in commerce, ser…

Digital Media Venture Capital 2014 This session will continue our tradition of closing the conference with a discussion among venture capital professionals, who will offer their views and forecasts on what to expect in the digital media landscape in the near term. Panelists: Stephanie Zeppa, Partner, Sheppard Mullin (Moderator); Stephen Bernardez, …

Online Advertising Mashup This session will explore the biggest issues in online advertising today, including: Interest-Based Advertising: the latest on Do Not Track, the implications of platform-based opt outs such as Apple’s IDFA and Android’s Advertising ID, and how recent technological changes affect how companies engage users and how publisher…

Is Mobile Different? The evolution of mobile platforms and content: As mobile usage and content explodes, and wireless devices proliferate into every aspect of our lives, how is mobile different from the wired internet? This panel will explore the differing business models and legal issues, including FCC and regulatory, privacy and consumer protect…

Digital Media in the Age of NSA Surveillance This panel will cover the implications of US spying and data-collection on American digital media domestically and around the world, and explore how digital companies should respond in the wake of government demands for user information. Should digital companies be standing up for their users’ privacy an…

Scraping Content: the CFAA, DMCA, and Terms of Use The Computer Fraud and Abuse Act—created in response to fears of cybercriminal attacks—has morphed into a potential tool for policing third-party scraping and access to websites. How and why are content hosting websites, such as LinkedIn, craigslist, and Facebook using the CFAA to police third-part…

Digital Video Convergence With all of the various video distribution platforms now in wide use: Web, iTunes, TiVo, Consoles, Slingbox-type forwarding, over-the-top (Netflix, Amazon, Hulu), Cable, and Broadcast, this panel will address the business environment, business models and legal challenges of putting together video content deals in the digit…