LOYOLA UNIVERSITY CHICAGO SCHOOL of LAW LOYOLA UNIVERSITY CHICAGO LAW JOURNAL PRESENTS FRIDAY, APRIL 10, :00 AM 4:15 PM

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L O Y O L A U N I V E R S I T Y C H I C A G O

S C H O O L

o f

L A W

CONFERENCE AGENDA

FRIDAY, APRIL 10, 2015

12:15–1 PM • Lunch in the Courtroom 1–2 PM • Panel 2:

Drone & Cybersecurity Legislation Derek Bambauer

University of Arizona College of Law Daniel Biss

Illinois State Senate, 9th District Hillary Farber

University of Massachusetts School of Law Moderator: Lea Krivinskas Shepard

Loyola University Chicago School of Law 2–2 :15 PM • Questions

2:15–2:30 PM • Break 2: 30–4 PM • Panel 3:

The Impact of Data Collection on Privacy Jane Bambauer

University of Arizona College of Law Deven Desai

Georgia Tech College of Business Brett Frischmann

Benjamin N. Cardozo School of Law Helen Nissenbaum

New York University

Moderator: Spencer Weber Waller Loyola University Chicago School of Law 4–4 :15 PM • Questions

8–9 AM • Breakfast & Check-in 9–9:15 AM • Introductory Remarks John Breen

Loyola University Chicago School of Law Alexander Tsesis

Loyola University Chicago School of Law 9:15–10 AM • Special Address

Joel Reidenberg

Fordham University School of Law 10–10:15 AM • Questions

10:15–10:30 AM • Break 10:30 AM–12 PM • Panel 1: The Right to Be Forgotten Meg Leta (Ambrose) Jones

Georgetown University Frank Pasquale

University of Maryland School of Law Julia Powles

University of Cambridge Felix Wu

Benjamin N. Cardozo School of Law Moderator: Alexander Tsesis

Loyola University Chicago School of Law 12– 12:15 PM • Questions

ABOUT THE SYMPOSIUM • The Loyola University Chicago Law Journal proudly announces “Privacy in a Data Collection Society,” to be held on April 10, 2015.

Modern advancements in technology and Internet communication have created a data-rich society. Data collection enhances institutions’ abilities to both consolidate and analyze personal information to effectively determine individuals’ behaviors, interests, and needs. Data collection, however, also significantly intrudes upon individuals’ privacy. Our Conference will provide a forum for nationally recognized scholars to discuss the impact of data collection on privacy law. More specifically, our Conference will address the right to be forgotten, drone and cybersecurity legislation, and the various privacy concerns that arise from data collection. The Conference will begin with a special address from Joel Reidenberg of the University of Fordham School of Law and will include three panels discussing several aspects of data collection and privacy law.

CONFERENCE LOCATION • The Conference will be held on Loyola University Chicago’s Water Tower Campus in the Philip H. Corboy Law Center, Power Rogers & Smith Ceremonial Courtroom, on the 10th floor of 25 E. Pearson St.

REGISTR ATION INFORMATION • Loyola University Chicago School of Law is pleased to present this Conference at no charge for Loyola students and faculty and individuals not seeking CLE credits. For those who wish to obtain credit, registration fees are $50 or $40 for alumni. There is no charge for CLE credit for current faculty, staff, or students, and an immediate 50% fee reduction is offered for attorneys working in the areas of government or public interest. Seating is limited and registration is appreciated. Open seating will be available on a first-come basis to those who do not register.

The Illinois MCLE Board approved this program for 5.75 hours of General MCLE credit.

ABOUT THE L AW JOURNAL • The Loyola University Chicago Law Journal is the law school’s primary scholarly publication that is distributed throughout the nation’s law libraries, judges’ chambers, and other various legal organizations. Published continuously since 1970, the Law Journal is committed both to the examination and analysis of current legal issues and problems and to the development of the law. The Law Journal is edited and managed entirely by students and publishes the work of distinguished writers, including academics, practitioners, and judges. The Law Journal also publishes student-written Notes and Comments.

Philip H. Corboy Law Center 25 E. Pearson St. Chicago, IL 60611

FRIDAY, APRIL 10, 2015 • 8:00 AM – 4:15 PM

PHILIP H. CORBOY LAW CENTER

POWER ROGERS & SMITH CEREMONIAL COURTROOM, 10TH FLOOR 25 EAST PEARSON STREET, CHICAGO

Conference Coordinators:

Erica Taschler, Executive Editor of Conference Management Alexander Tsesis, Loyola University Chicago School of Law

Privacy in a

Data Collection Society

L O Y O L A U N I V E R S I T Y C H I C A G O L A W J O U R N A L

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2:15–2:30 PM • Break 2: 30–4 PM • Panel 3:

New York University

Joel Reidenberg

ABOUT THE L AW JOURNAL • The Loyola University Chicago Law Journal is the law school’s primary scholarly publication that is distributed throughout the nation’s law libraries, judges’ chambers, and other various legal organizations. Published continuously since 1970, the Law Journal is committed both to the examination and analysis of current legal issues and problems and to the development of the law. The Law Journal is edited and managed entirely by students and publishes the work of distinguished writers, including academics, practitioners, and judges. The Law Journal also publishes student-written Notes and Comments.

FRIDAY, APRIL 10, 2015 • 8:00 AM – 4:15 PM

Privacy in a

Data Collection Society

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and intellectual property. Wu received his AB,

summa cum laude, in computer science from Harvard University, and his JD from the University of California at Berkeley. Prior to teaching at Cardozo, he was an associate first at Covington & Burling in San Francisco and later at Fish & Richardson in Boston, and he clerked for Judge Sandra L. Lynch of the US Court of Appeals for the First Circuit.

Panel 2: Drone & Cybersecurity Legislation DEREK BAMBAUER is a professor of law at the University of Arizona College of Law, where he teaches Internet law and intellectual property. His research treats Internet censorship, cybersecurity, and intellectual property. A former principal systems engineer at Lotus Development Corp. (part of IBM), Bambauer spent two years as a research fellow at the Berkman Center for Internet & Society at Harvard Law School. He is one of the authors of

Info/Law, a popular blog that addresses Internet law, intellectual property, and information law. He holds an AB from Harvard College and a JD from Harvard Law School.

DANIEL BISS is a full-time legislator and former University of Chicago math professor. He received his doctorate from the Massachusetts Institute of Technology and undergraduate degree from Harvard University. Biss served one term in the House before his election to the Senate. He has passed legislation on issues including

environmental policy, economic growth, political reform, consumer protection and fiscal stabilization, and recently passed groundbreaking retirement security legislation.

HILLARY FARBER is a law professor at the University of Massachusetts School of Law. Her research focuses on the public and private use of unmanned aerial systems and the constitutional, legislative, and regulatory constraints that currently apply to this emerging technology. She is a member of the Advisory Board of the Boston Chapter of the American Constitution Society, Suffolk Lawyers for Justice, and the National Lawyers Guild. She received her undergraduate degree from the University of Michigan with high honors and her law degree from Northeastern University School of Law.

Panel 3: The Impact of Data Collection on Privacy JANE BAMBAUER is an associate professor of law at the University of Arizona College of Law. Her research assesses the social costs and benefits of data, and questions the wisdom of many well-intentioned privacy laws. Her articles have appeared in the Stanford Law Review, the Michigan Law Review, and the Journal of Empirical Legal Studies. Bambauer’s own data-driven research explores biased judgment, legal education, and legal careers. She holds a BS in mathematics from Yale College and a JD from Yale Law School. She occasionally writes for the Huffington Post and

Info/Law.

DEVEN DESAI is an associate professor at the Georgia Tech College of Business. His scholarship examines how business interests, new technology, and economic theories shape privacy and

intellectual privacy law. Prior to joining the Georgia Tech faculty, Desai was an associate professor of law at the Thomas Jefferson School of Law and was also the first academic research counsel at Google, Inc.,

and a visiting fellow at Princeton University’s Center for Information Technology Policy. He is a graduate of the University of California, Berkeley with the highest honors and Yale Law School.

BRETT FRISCHMANN is an associate professor at Benjamin N. Cardozo School of Law and is the director of the Cardozo Intellectual Property and Information Law Program. His expertise is in intellectual property and Internet law, and in particular the relationships between infrastructural resources, property rights, commons, and spillovers. He is an affiliate scholar of the Center for Internet and Society at Stanford Law School. Frischmann holds a BA in

astrophysics from Columbia University, an MS in earth resources engineering from Columbia University, and a JD from the Georgetown University Law Center.

HELEN NISSENBAUM is a professor of media, culture and communication, and computer science at New York University, where she is also director of the Information Law Institute. Her work spans social, ethical, and political dimensions of information technology and digital media. She has written and edited eight books, including Privacy, Big Data and the Public Good: Frameworks for Engagement, with J. Lane, V. Stodden and S. Bender (Cambridge, 2014). Nissenbaum holds a PhD in philosophy from Stanford University and a BA (Hons) from the University of the Witwatersrand. Before joining the faculty at NYU, she served as associate director of the Center for Human Values at Princeton University.

SPECIAL ADDRESS

JOEL REIDENBERG is the Stanley D. and Nikki Waxberg Chair in Law and Professor of Law at Fordham University where he directs the Center on Law and Information Policy. He has taught as a visiting professor at Princeton, the University of Paris-Sorbonne and Sciences Po-Paris. Reidenberg publishes regularly on both information privacy and on information technology law and policy. He is an elected member of the American Law Institute and has served as an expert adviser to the US Congress, the Federal Trade Commission, the European Commission and the World Intellectual Property Organization. At Fordham, Reidenberg previously served as the associate vice president for academic affairs of Fordham University and, prior to his academic career, he was an associate at the law firm Debevoise & Plimpton. Reidenberg is a graduate of Dartmouth College. He earned a JD from Columbia University and a PhD in law from the Université de Paris-Sorbonne.

Panel 1: The Right to Be Forgotten

MEG LETA (AMBROSE) JONES is an assistant professor in Georgetown University’s

Communication, Culture & Technology

department where she researches and teaches in the area of technology law and policy. Her research interests cover a wide range of technology policy issues including comparative censorship and privacy law, engineering design and ethics, legal history of technology, robotics law and policy, and the governance of emerging technologies. She received her BA in sociology and JD from the University of Illinois and her PhD from the University of Colorado, Engineering & Applied Science (Technology, Media & Society).

FRANK PASQUALE is a professor of law at the University of Maryland School of Law. His research addresses the challenges posed in information law by rapidly changing technology, particularly in the health care, Internet and finance industries. Pasquale is a member of the NSF-funded Council for Big Data, Ethics, and Society and an affiliate fellow of Yale Law School’s Information Society Project. He has also been a visiting fellow at Princeton’s Center for

Information Technology and a visiting professor at Yale Law School and Cardozo Law School. Pasquale is a graduate of Harvard University. He earned his JD from Yale Law School and his MPhil from Oxford University.

JULIA POWLES is a researcher at the Centre for Intellectual Property and Information Law, University of Cambridge, and a contributing editor and policy fellow at the Guardian. Her research focuses on the law and politics of information-based assets, from data privacy to patent law. Powles received a BSc (biophysics, genetics) from the Australian National University, LLB from the University of Western Australia, BCL from Oxford, and is currently finalizing a PhD at Cambridge. She has worked in private practice, as a judicial clerk in the Federal Court of Australia and Commonwealth Administrative Appeals Tribunal, and in the Office of the Director General of the World Intellectual Property Organization.

FELIX WU is an associate professor at the Benjamin N. Cardozo School of Law. He brings his background in computer science, including a PhD from the University of California at Berkeley, to his research and teaching at the intersection of information law, data privacy, freedom of speech,

CONFERENCE COST

NO CHARGE for Loyola students and faculty,

and individuals who do not wish to obtain CLE credit

$50 • Individuals seeking CLE credit $40 • Loyola alumni seeking CLE credit

50% FEE REDUCTION for attorneys working in the areas of government or public interest

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DEREK BAMBAUER is a professor of law at the University of Arizona College of Law, where he teaches Internet law and intellectual property. His research treats Internet censorship, cybersecurity, and intellectual property. A former principal systems engineer at Lotus Development Corp. (part of IBM), Bambauer spent two years as a research fellow at the Berkman Center for Internet & Society at Harvard Law School. He is one of the authors of

University School of Law.

Info/Law.

commons, and spillovers. He is an affiliate scholar of the Center for Internet and Society at Stanford Law School. Frischmann holds a BA in

Property Organization. At Fordham, Reidenberg previously served as the associate vice president for academic affairs of Fordham University and, prior to his academic career, he was an associate at the law firm Debevoise & Plimpton. Reidenberg is a graduate of Dartmouth College. He earned a JD from Columbia University and a PhD in law from the Université de Paris-Sorbonne.

Pasquale is a graduate of Harvard University. He earned his JD from Yale Law School and his MPhil from Oxford University.

CONFERENCE COST

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and intellectual property. Wu received his AB,

summa cum laude, in computer science from Harvard University, and his JD from the University of California at Berkeley. Prior to teaching at Cardozo, he was an associate first at Covington & Burling in San Francisco and later at Fish & Richardson in Boston, and he clerked for Judge Sandra L. Lynch of the US Court of Appeals for the First Circuit.

Panel 2: Drone & Cybersecurity Legislation DEREK BAMBAUER is a professor of law at the University of Arizona College of Law, where he teaches Internet law and intellectual property. His research treats Internet censorship, cybersecurity, and intellectual property. A former principal systems engineer at Lotus Development Corp. (part of IBM), Bambauer spent two years as a research fellow at the Berkman Center for Internet & Society at Harvard Law School. He is one of the authors of

HILLARY FARBER is a law professor at the University of Massachusetts School of Law. Her research focuses on the public and private use of unmanned aerial systems and the constitutional, legislative, and regulatory constraints that currently apply to this emerging technology. She is a member of the Advisory Board of the Boston Chapter of the American Constitution Society, Suffolk Lawyers for Justice, and the National Lawyers Guild. She received her undergraduate degree from the University of Michigan with high honors and her law degree from Northeastern University School of Law.

Info/Law.

and a visiting fellow at Princeton University’s Center for Information Technology Policy. He is a graduate of the University of California, Berkeley with the highest honors and Yale Law School.

BRETT FRISCHMANN is an associate professor at Benjamin N. Cardozo School of Law and is the director of the Cardozo Intellectual Property and Information Law Program. His expertise is in intellectual property and Internet law, and in particular the relationships between infrastructural resources, property rights, commons, and spillovers. He is an affiliate scholar of the Center for Internet and Society at Stanford Law School. Frischmann holds a BA in

SPECIAL ADDRESS

JOEL REIDENBERG is the Stanley D. and Nikki Waxberg Chair in Law and Professor of Law at Fordham University where he directs the Center on Law and Information Policy. He has taught as a visiting professor at Princeton, the University of Paris-Sorbonne and Sciences Po-Paris. Reidenberg publishes regularly on both information privacy and on information technology law and policy. He is an elected member of the American Law Institute and has served as an expert adviser to the US Congress, the Federal Trade Commission, the European Commission and the World Intellectual Property Organization. At Fordham, Reidenberg previously served as the associate vice president for academic affairs of Fordham University and, prior to his academic career, he was an associate at the law firm Debevoise & Plimpton. Reidenberg is a graduate of Dartmouth College. He earned a JD from Columbia University and a PhD in law from the Université de Paris-Sorbonne.

FRANK PASQUALE is a professor of law at the University of Maryland School of Law. His research addresses the challenges posed in information law by rapidly changing technology, particularly in the health care, Internet and finance industries. Pasquale is a member of the NSF-funded Council for Big Data, Ethics, and Society and an affiliate fellow of Yale Law School’s Information Society Project. He has also been a visiting fellow at Princeton’s Center for

Information Technology and a visiting professor at Yale Law School and Cardozo Law School. Pasquale is a graduate of Harvard University. He earned his JD from Yale Law School and his MPhil from Oxford University.

CONFERENCE COST

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2:15–2:30 PM • Break 2: 30–4 PM • Panel 3:

New York University

Joel Reidenberg

ABOUT THE L AW JOURNAL • The Loyola University Chicago Law Journal is the law school’s primary scholarly publication that is distributed throughout the nation’s law libraries, judges’ chambers, and other various legal organizations. Published continuously since 1970, the Law Journal is committed both to the examination and analysis of current legal issues and problems and to the development of the law. The Law Journal is edited and managed entirely by students and publishes the work of distinguished writers, including academics, practitioners, and judges. The Law Journal also publishes student-written Notes and Comments.