Wednesday, March 20, 2:00 – 6:00 p.m.
8th Annual Privacy & Data Security Symposium
“Somebody’s Watching You: Surviving in a Surveillance Society”

The FCBA Privacy and Data Security Committee and the ABA Forum on Communications Law will hold the 8^th Annual Privacy & Data Security Symposium on Wednesday, March 20, 2013 from 2:00 – 6:00 p.m.  This CLE will be held at Hogan Lovells US LLP, 555 13^th Street, NW, Fulbright Conference Center, Washington, DC.

It’s no secret.  We live and operate in a world where an individual’s online and offline behavior is monitored 24-7.  Our behavior is monitored via the internet, email, wireless devices, social networking platforms, street cameras, and GPS by the government, advertisers, employees and family and friends. How does this all happen?  Carefully.  And not without a fair amount of ambiguity and non-transparency.   Please join us for a special program devoted to state of the law with respect to government and business access to and use of individuals’ personal information via monitoring or tracking.

AGENDA

Introduction of Keynote Speaker

S. Jenell Trigg, Member, Lerman Senter PLLC

Keynote Speaker
The Honorable Douglas F. Gansler, Attorney General, State of Maryland, and President, National Association of Attorneys General

Session 1: The Government and Your Personal Information – Balancing Privacy, National Security and the Public Interest (1 hour and 30 minutes)

There are good reasons for government to have access to an individual’s personal information.  And there are good reasons for government not to have such access.  Some argue that the standards for government’s ability to access personal information are outdated given the changes in technology, as well as confusing, too lenient, and subject to a process that is shrouded in secrecy and ambiguity.  Others argue that the government’s ability to access personal information is essential to law enforcement, preserving our national security, and should be expanded in certain situations.  The issues are how much government access, protection or due process is too much?  Our panel of experts will explore the issue of government access to and use of personal information from various perspectives under the alphabet soup of relevant statutes such as FISA, ECPA, CALEA, and any limitations imposed by the 4^th Amendment.  Panelists also will discuss the proposals to reform the law and best practices for responding to government requests.

Moderator:
Mary Ellen Callahan, Partner, Jenner & Block

Panelists:
Dr. Edward Balkovich, Senior Scientist, The Rand Corporation
Peter Roman, Trial Attorney, Criminal Division, Computer Crime & Intellectual Property Section, U.S. Department of Justice
Amie Stepanovich, Associate Litigation Counsel, Electronic Privacy Information Center
Marc J. Zwillinger, Partner, ZwillGen PLLC

Session II: Business Access to Information – What Bargains Have Employees and Consumers Struck? (1 hour and 30 minutes)
There are many reasons why a business would monitor consumer or employee behavior – and access and use personal information in the process.  Employers wish to protect corporate confidential information, other employees, its reputation or to limit liability.  Advertisers and marketers wish to sell goods and services and maximize marketing opportunities.  Whether it’s for the purpose of managing a company’s “Bring Your Own Device” initiative or for behavioral targeting based on the use of apps, websites or social networking, business access to information remains a hotly debated and ever evolving area of the law.  Our panel of experts will explore the latest developments with respect to what personal information employers, advertisers, marketers, and third party service providers can access without running afoul of privacy laws or crossing the line with regard to the “creep” factor.  Our panelists also will offer best practices and practical guidance designed to help your clients keep clear of trouble when accessing information for corporate “defense” or for corporate “offense.”

Moderator:
John J. Heitmann, Partner, Kelley Drye & Warren LLP

Panelists:
Christopher G. Cwalina, Partner, Holland & Knight LLP
James Halpert, Partner, DLA Piper US LLP
Laura M. Moy, Graduate Teaching Fellow in First Amendment & Media Law, Institute for Public Representation, Georgetown University Law Center
Rob Sherman, Facebook, Inc.

For more information, contact John Heitmann, Co-Chair, JHeitmann@KelleyDrye.com or 202-342-8544.

Sponsors: Covington & Burling LLP, Davis Wright Tremaine LLP, Facebook, Hiscox Insurance Company, Inc., Holland & Knight LLP, Jackson Walker L.L.P., Kelley Drye/White O’Connor, Lathrop & Gage LLP, Lerman Senter PLLC, Levine Sullivan Koch & Schultz LLP, Sheppard Mullin Richter & Hampton LLP, Thomas & LoCicero PL, Vinson & Elkins LLP, and Wilkinson Barker Knauer, LLP.

*Please join us for the Post-Symposium Happy Hour presented by the FCBA Young Lawyers and Privacy & Data Security Committees to be held at Aria Pizzeria & Bar, 1300 Pennsylvania Avenue, NW.