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Regulating Internet Content in the United States and Europe: A Comparative Approach

Loyola University Chicago 
International Law Review

Friday, February 8, 2019

Loyola University Chicago School of Law 
Philip H. Corboy Law Center
Power Rogers & Smith Ceremonial Courtroom, 10th Floor
25 E. Pearson Street, Chicago

Conference Coordinator: Molly Hunsinger

ABOUT THE CONFERENCE

The Loyola University Chicago International Law Review is pleased to present its 2019 Symposium, “Regulating Internet Content in the United States and Europe: A Comparative Approach.”

Although regulation of internet content has been problematic since early internet days, recent events with Facebook and Google have brought data privacy and data protection closer to the public’s mind. In particular, the United States and Europe have drastically different approaches to internet regulation, which has resulted in a variety of complications. One challenge that comes with different internet regulation schemes includes the impact of data privacy regulation, or lack thereof, on low-income and marginalized people in both the United States and Europe. This conference will examine how internet content is regulated in the U.S. and in the E.U. and how it impacts the privacy of its users.

CONFERENCE LOCATION

The conference will be held in the Philip H. Corboy Law Center, Power Rogers & Smith Ceremonial Courtroom, on the 10th floor of 25 E. Pearson St. on Loyola University Chicago’s Water Tower Campus. Validated parking is available in a number of locations adjacent to the School of Law.

REGISTRATION

Loyola University Chicago School of Law is pleased to present this Conference at no charge to 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 percent 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 4.25 hours of general MCLE credit.

RSVP: mhunsinger@luc.edu

ABOUT THE LOYOLA UNIVERSITY CHICAGO INTERNATIONAL LAW REVIEW

The Loyola University Chicago International Law Review is a student-managed, semi-annual journal that focuses on topical issues in both international and comparative law. The journal contributes to the general body of legal knowledge through the publication of articles on important legal and societal developments related to the field.

Conference Agenda

8:30­–9:00 a.m. | Welcome and Continental Breakfast

9:00–9:15 a.m. | Opening Remarks

9:15–10:30 a.m. | Panel #1

  • Deven Desai, Georgia Institute of Technology
  • Annemarie Bridy, University of Idaho
  • Hannah Bloch-Wehba, Drexel University
  • Moderator: Spencer Waller, Loyola University Chicago School of Law

10:30­–10:45 a.m. | Break

10:45 a.m.–12:00 p.m. | Panel #2

  • Jennifer Woods, Data Privacy Counsel at the Kraft Heinz Company
  • Graeme Dinwoodie, Chicago-Kent College of Law
  • Kimberly Houser, Oklahoma State University
  • Moderator: Barry Sullivan, Loyola University Chicago School of Law

12:00­–12:15 a.m. | Break

12:15–1:15 p.m. | Lunch and Afternoon Address

  • Scott Shackelford, Indiana University

1:15­–2:30 p.m. | Panel #3

  • Priscilla Regan, George Mason University
  • Michele Gilman, University of Baltimore
  • Alfred Saikali, Shook, Hardy & Bacon, LLP
  • Moderator: Margaret Moses, Loyola University Chicago School of Law

2:30–2:45 p.m. | Closing Remarks

Panelists

FEATURED SPEAKERS

Scott Shackelford serves on the faculty of Indiana University where he is Cybersecurity Program Chair along with being Director of the Ostrom Workshop Program on Cybersecurity and Internet Governance. He is also an affiliated scholar at both the Harvard Kennedy School’s Belfer Center for Science and International Affairs and Stanford’s Center for Internet and Society. He is a senior fellow at the Center for Applied Cybersecurity Research, and a Term Member at the Council on Foreign Relations. Professor Shackelford has written more than 100 articles, book chapters, essays, and op-eds for diverse outlets He is also the author of Managing Cyber Attacks in International Law, Business, and Relations: In Search of Cyber Peace (Cambridge University Press, 2014). Both Professor Shackelford’s academic work and teaching have been recognized with numerous awards and fellowships at Harvard, Stanford, and Notre Dame.

Panel 1: The Internet Regulation Problem

Deven Desai is an associate professor at Georgia Tech, Scheller College of Business. Prior to joining Scheller, Professor Desai was an associate professor of law at the Thomas Jefferson School of Law. He was also the first, and to date, only Academic Research Counsel at Google, Inc., and a visiting fellow at Princeton University's Center for Information Technology Policy. Professor Desai's scholarship examines how business, new technology, and economic theories shape privacy and intellectual property law. His work has appeared in leading law reviews across the country. Prior to becoming a professor, Professor Desai was a litigator handing intellectual property and technology matters with Quinn, Emanuel, Urquhart, & Sullivan, LLP. He is a graduate of the University of California, Berkeley, and the Yale Law School, where he was co-editor-in-chief of the Yale Journal of Law & the Humanities.

Annemarie Bridy is the Allan G. Shepard Professor of Law at the University of Idaho. She is also an affiliated scholar at the Stanford Center for Internet and Society and the Yale Law School Information Society Project. Professor Bridy specializes in intellectual property and information law, with specific attention to the impact of new technologies on existing legal frameworks for the protection and enforcement of intellectual property rights. She has testified before Congress on the safe harbor provisions of the Digital Millennium Copyright Act and is widely published on the shifting landscape of intermediary copyright liability and online anti-piracy/anti-counterfeiting enforcement. She has also published on the copyright implications of streaming video’s disruption of the television programming market, and AI’s incipient disruption of markets for artistic and cultural goods. Professor Bridy holds a BA from Boston University; an MA and a PhD from the University of California, Irvine; and a JD from the Temple University James E. Beasley School of Law.

Hannah Bloch-Wehba is an assistant professor of Law at Drexel University’s Thomas R. Kline School of Law and an Affiliated Fellow at Yale Law School’s Information Society Project. She teaches and writes on law and technology. Her scholarship explores the intersection of civil liberties and cyber issues in the law, focusing on free expression, privacy and government accountability. Her interests include transparency and accountability for law enforcement, public access to information, and the use of new technologies in government decision making.

Spencer Waller served as a staff law clerk for the U.S. Court of Appeals for the Seventh Circuit. He also worked for the U.S. Department of Justice, first as a trial attorney in the Foreign Commerce Section of the Antitrust Division and later as a special attorney in the Chicago Strike Force of the Criminal Division. He then practiced at the Chicago firm of Freeborn & Peters. He was a full-time faculty member at Brooklyn Law School for ten years until joining Loyola University Chicago School of Law in 2000. Professor Waller also serves as the faculty director of Loyola’s nationally recognized Institute for Consumer Antitrust Studies.

Panel 2: What is Europe Doing and Why do We Care

Jennifer Woods is global Data Privacy Counsel at The Kraft Heinz Company where she serves as the primary legal resource for the company’s global privacy program, including its GDPR compliance team. She also supports the company’s e-commerce, digital innovation, and global digital and online growth initiatives. Prior to joining Kraft Heinz, Ms. Woods was an associate in the intellectual property and technology group of Clark Hill PLC where she advised clients on a variety of intellectual property, advertising, technology, and privacy-related issues. She is a Certified Information Privacy Professional, and an adjunct professor of privacy law and intellectual property legal writing at Loyola University Chicago School of Law.

Graeme Dinwoodie is a Global Professor of Intellectual Property Law at Chicago-Kent College of Law. He returned full-time to Chicago in 2018 after nine years as the professor of intellectual property and information technology law at the University of Oxford, where he was also director of the Oxford Intellectual Property Research Centre, and a professorial fellow of St. Peter’s College. Professor Dinwoodie has held a number of visiting or honorary positions. He is a member of the American Law Institute, and served as president of  the International Association for the Advancement of Teaching and Research in Intellectual Property. In 2008, the International Trademark Association awarded Professor Dinwoodie the Pattishall Medal for Teaching Excellence in Trademark Law. In addition to his book A Neofederalist Vision of TRIPS: The Resilience of the International Intellectual Property Regime (Oxford Univ. Press 2012), he is the author of five casebooks. His scholarship has appeared in several leading law journals and is widely cited by scholars in Europe and the United States. He holds a LLB from the University of Glasgow, an LLM from Harvard Law School, and a JSD from Columbia Law School where he was a Burton Fellow.

Kimberly Houser is an award-winning legal educator, thought-provoking scholar, and long-time tech attorney, with over two decades of legal experience. Her research focuses on privacy, big data, marijuana legalization and tax issues, and unconscious bias/gender diversity issues. Professor Houser made national headlines last fall for her paper that examined ways that the IRS is breaking privacy and data security laws by data mining citizens' information from social media as well as commercial and public data pools. She is the author of The Legal Guide to Social Media, one of the first commercial books addressing the risks of posting and hosting online.

Barry Sullivan is Loyola’s inaugural Cooney & Conway Chair in Advocacy. He has had a varied career in the private practice of law, government legal practice, the teaching of law and public policy, and university administration. Professor Sullivan began his legal career as a law clerk to Judge John Minor Wisdom of the U.S. Court of Appeals for the Fifth Circuit in New Orleans, and later served as an Assistant to the Solicitor General of the United States. He served as dean of the School of Law at Washington and Lee University, and vice-president of the University. He was also a long-time litigation partner at Jenner & Block, where he focused on appellate practice. His scholarly work has appeared in leading journals in the U.S. and Europe, including the Supreme Court Review, Yale Law Journal, Northwestern Law Review, Notre Dame Law Review, and Dublin University Law Journal. Professor Sullivan is a graduate of Middlebury College and the University of Chicago Law School. He is a member of the Fellows of Phi Beta Kappa, and the Fellows of the American Bar Foundation, and a life member of the American Law Institute.

Panel 3: What should the United States do about Data Privacy?

Priscilla Regan is a professor in the Schar School of Policy and Government at George Mason University. She served as a senior analyst in the Congressional Office of Technology Assessment and an assistant professor of politics and government at the University of Puget Sound, and a program officer for the Science, Technology and Society Program at the National Science Foundation. Dr. Regan’s primary research interests have focused on both the analysis of the social, policy, and legal implications of organizational use of new information and communications technologies, and also on the emergence and implementation of electronic government initiatives by federal agencies. She is currently a co-investigator on a social sciences and humanities research council of Canada’s eQuality grant exploring big data, discrimination, and youth. Dr. Regan has published over fifty articles or book chapters, as well as Legislating Privacy: Technology, Social Values, and Public Policy (University of North Carolina Press, 1995) and two co-edited books. Dr. Regan earned a PhD from Cornell University, and a BA from Mount Holyoke College.

Michele Gillman is the Venable Professor of Law at the University of Baltimore School of Law and the director of the Civil Advocacy Clinic, where she supervises students representing low-income individuals and community groups in a wide range of litigation, legislation, and law reform matters. She also teaches evidence, federal administrative law, and poverty law. Professor Gilman writes extensively about privacy law and poverty, and her articles have appeared in numerous journals across the country. She is a co-director of the Center on Applied Feminism, which works to apply the insights of feminist legal theory to legal practice and policy. She received her BA from Duke University, and her JD from the University of Michigan Law School.

Alfred Saikal is a chambers-ranked lawyer specializing in privacy and data security law.  He represents companies in minimizing the risks associated with the collection, use, storage, and security of personal information.  In addition to chairing Shook, Hardy & Bacon’s Privacy and Data Security practice, he founded and chairs the Sedona Conference’s Working Group on Privacy and Data Security, and co-chairs the American Bar Association’s Cybersecurity Law Institute.  He has won the Lexology Client Choice award in technology law the last two years in a row and was named a “Trailblazer in Cybersecurity” by the National Law Journal in 2015.  In his spare time, Mr. Saikali is an adjunct professor of Cybersecurity Law at Saint Thomas University, and he maintains a blog (Data Security Law Journal) where he writes about emerging trends and issues in privacy and data security law. 

Professor Moses is the Mary Ann G. McMorrow Professor of Law and Director of the Institute for International Law and Practice, Loyola University Chicago. A scholar in the field of international commercial arbitration, the third edition of her treatise on international commercial arbitration was published in 2017 by Cambridge University Press. In addition to teaching courses on international arbitration and international business transactions, she has participated as an arbitrator under the auspices of the ICC Court of Arbitration and the American Arbitration Association’s International Centre for Dispute Resolution, as well as in ad hoc arbitrations.

Conference Cost

No charge Loyola students and faculty, and individuals who do not wish to obtain MCLE credits

$50 Individuals seeking CLE credits

$40 Loyola graduates seeking CLE credits

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

The Illinois MCLE Board approved this program for 4.25 hours of general MCLE credit.