Wednesday, March 21, 2:00 – 6:00 p.m.
7th Annual Privacy & Data Security Symposium
“Privacy Dangers, Dilemmas & Solutions for a Digital Age”

The FCBA Privacy and Data Security Committee and the ABA Communications Law Forum will hold the 7^th Annual Privacy & Data Security Symposium on Wednesday, March 21, 2012 from 2:00 – 6:00 p.m.  Speakers will include government regulators, in-house counsel, practitioners in private practice, trade associations, and consumer/public interest organizations.  This CLE will be held at Arnold & Porter LLP, 555 12^th Street, NW, Paul Porter Room, Washington, DC.

Registrations and cancellations due by 5:00 p.m., Friday, March 16, 2012.

AGENDA

2:00 – 2:15 p.m.         Welcome & Introductions

S. Jenell Trigg, Co-Chair of Symposium; Member of Governing Committee, ABA Forum on Communications Law; Founding Co-Chair, FCBA Privacy and Data Security Committee
Charles Tobin, President, ABA Forum on Communications Law
Yaron Dori, President, FCBA
John Heitmann, Co-Chair of Symposium; Member ABA Forum on Communications Law and Co-Chair, FCBA Privacy and Data Security Committee

2:15 – 2:30 p.m.         Consumer Data Privacy in a Networked World: A Framework for Protecting Privacy and Promoting Innovation in the Global Digital Economy

Speaker:
Alexander D. Hoehn-Saric, Deputy General Counsel for Strategic Initiatives, Office of the General Counsel, U.S. Department of Commerce

2:30 – 3:30 p.m.         Session I - Can Social Networking be Private? – Privacy Issues Related to Advertising and Marketing on Social Network Platforms

Facebook, Twitter, Foursquare and other social network platforms are the fastest growing media vehicles for commercial use, including marketing and advertising a company’s goods and services.  We will explore social network platforms’ own privacy requirements and limitations for their users regarding how personal information is collected, used and disclosed, as well as rules and guidelines for conducting promotions and marketing using the social network.  Social network platforms are often integrated into a company’s own website and online presence and we will discuss the potential privacy issues with the management of merged databases and compliance with various federal and state laws, such as the Children’s Online Privacy Protection Act and California Online Privacy Protection Act.

Moderator:
Yaron Dori, Partner, Covington & Burling

Speakers:
Katherine Race Brin, Attorney, Division of Privacy and Identity Protection, Bureau of Consumer Protection, Federal Trade Commission
Steve DelBianco, Executive Director, NetChoice
Christopher M. Loeffler, Associate, Kelley Drye & Warren
Stephen Ruckman, Assistant Attorney General, Executive Division, Maryland Office of the Attorney General

3:30 – 3:45 p.m.        Break

3:45 – 4:45 p.m.         Session II - The Buck Stops Here! – Managing the Liability and Risks of Engaging Third Party Vendors and Service Providers

Most businesses use a third party to manage their websites and/or databases, develop mobile applications,  send promotional and marketing tweets, text messages or emails, process online payment transactions, provide software and services for cloud computing, or administer social networking platforms and contests and sweepstakes.  We will identify the risks and liabilities for such relationships, and discuss the due diligence, contracting, and post-engagement responsibilities required under state and federal statutes, regulations or guidelines, and industry best practices for engaging support for various digital-based services and products.

Moderator:
S. Jenell Trigg, Member, Lerman Senter

Speakers:
Robert Anguizola, Assistant Director, Division of Marketing Practices, Bureau of Consumer Protection, Federal Trade Commission
J. Beckwith Burr, Partner, WilmerHale
C. Tokë Vandervoort, Vice President & Assistant General Counsel, Technology & Privacy, XO Communications

4:45 – 4:55 p.m.         Break

4:55 – 5:55 p.m.         Session III - Smart Privacy Choices for Mobile Apps

Mobile apps are breaking new ground not only in terms of what they can make your mobile device do, but also in terms of the data privacy and security debate.  From games to location-based services, these apps do new and (sometimes) surprising things with your data.  While the collection of personal information through mobile apps creates significant opportunities, it also raises privacy risks for carriers, handset and operating system manufacturers, and apps developers, particularly when the application of laws and regulations written before these services existed is unclear.  We will explore how apps-related privacy concerns have been and are being addressed under current statutes, regulations, class action lawsuits and self-regulatory frameworks and will offer practical guidance for navigating the road ahead.

Moderator:
John Heitmann, Partner, Kelley Drye & Warren

Speakers:
Maneesha Mithal, Associate Director, Division of Privacy and Identity Protection, Bureau of Consumer Protection, Federal Trade Commission
Jules Polonetsky, Director and Co-Chair, Future of Privacy Forum
Morgan Reed, Executive Director, Association for Competitive Technology
Karen Zacharia, Chief Privacy Officer, Verizon

5:55 – 6:00p.m.          Closing

For more information, contact S. Jenell Trigg, Co-Chair, strigg@lermansenter.com or 202-416-1090.

Sponsors: Arnold & Porter; Covington & Burling, Davis Wright Tremaine, Faegre Baker Daniels, Fletcher Heald & Hildreth, Hiscox Insurance Company, Jackson Walker, Kelley Drye & Warren, Kelley Drye/White O'Connor, Lerman Senter, Levine Sullivan Koch & Schulz, Sheppard Mullin Richter & Hampton, Thomas & LoCicero, Vinson & Elkins, and Wilkinson Barker Knauer.

*Please join us for the Post-Symposium Reception hosted by the FCBA Young Lawyers and Privacy & Data Security Committees sponsored by Hogan Lovells US LLP.