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Legal Frontiers in Digital Media 2020


The thirteenth annual conference on emerging legal issues at the intersection of digital media, freedom of speech, and law

Mission Bay Conference Center

 1675 Owen Street
San Francisco, CA
Thursday, May 14th & Friday, May 15th, 2020

The Media Law Resource Center and the Berkeley Center for Law & Technology are proud to present the next in this series of conferences that explores emerging legal issues surrounding digital content in today's multi-platform world. The Conference will feature sessions running from 1:00 p.m. on Thursday, May 14, with an evening reception, through approximately 1:00 p.m. on Friday, May 15.





This year's conference will include:

  • Online Political Advertising and More with FEC Commissioner Ellen Weintraub
    The outspoken Commissioner, and former Chair, of the Federal Election Commission will share her views on the micro-targeting of online political ads, section 230 reform, and state-level political ad regulation.  Her talk will be followed by a panel discussion and Q&A.  More details TBA.
  • Tough Issues and Hot Topics in CCPA Compliance
    This session will explore some of the complex and challenging issues that digital media and digital platforms are facing in the wake of the newly enacted California Consumer Privacy Act.  The session will begin with an overview led by Stacey Schesser, Supervising Deputy Attorney General at the California Department of Justice, who will provide the current state of enforcement priorities for the Attorney General's office.  Our panel will then consider CCPA litigation to date, including whether cases disclose major or surprising areas of risk, and/or enforcement challenges.  Compliance challenges to be considered will include approaches for the adtech, analytics and marketing ecosystem, and the panel will also explore the interaction between the CCPA, CDA Section 230 and the First Amendment, particularly in regard to third-party content.
  • Managing Global Takedown Demands
    When it comes to orders for removal of online content, governments are with increasing frequency attempting to extend their reach across national borders. Authorities around the globe are claiming that their citizens' rights – whether they sound in privacy, reputation, intellectual property, or other theories -- cannot be adequately protected by geographically limited measures. While platform compliance with local law is often seen as a condition of doing business overseas, adherence to orders purporting to demand global takedowns and delistings can conflict with the law of other countries, compromise free speech, and lead to a global censorship regime. In a world where the very meaning of freedom of expression varies widely and respect for that principle cannot be presumed, how can platforms manage such orders without sacrificing their own standards and community guidelines?
  • The Next Generation of Children's Privacy
    Join in-house, government and private practitioners as they discuss the future of children's privacy laws, including what the FTC may change in COPPA in its current rule review, how state AGs and private litigation are re-shaping children's privacy requirements, and how state privacy laws like the CCPA can affect your children's privacy program (or require you to develop one that you didn't have before).
  • Webscraping and Computer Fraud and Abuse Act Claims After Hi-Q and the CCPA
    On September 9, 2019, the U.S. Court of Appeals for the Ninth Circuit affirmed a lower court's order granting a preliminary injunction barring LinkedIn from blocking hiQ, a data analytics company, from accessing and scraping publicly available LinkedIn member profiles. Our panel will discuss on the impact of this decision with a focus on the following questions: (1) is this decision essentially a greenlight for the scraping of public-facing websites, (2) how do you differentiate between "information presumptively accessible to the general public" and "information for which authorization is generally required; (3) are common law claims still viable following these decisions; (4) what do sites who want to avoid scraping have to do in the aftermath of this decision; and (5) does the recent passage of the CCPA change the demand and desirability of scraped data, at least in the context of social media? Marc Zwillinger will moderate a discussion that will include Professor Orin Kerr and others TBA.


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