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Intermediary Businesses, Consumer Technologies, and Online Platforms 2016: Law & Regulation

Speaker(s): Abigail Slater, Andrew P. Bridges, Andy Missan, Annemarie Bridy, Catherine R. Gellis, Daphne Keller, Jennifer S Granick, Justin Olsson, Kenneth Carter, Laurent Crenshaw, Tyler G. Newby
Recorded on: Nov. 1, 2016
PLI Program #: 149327

The Daily Journal describes Kenneth Carter as “an infinitely inquisitive and enthusiastically intellectual telecommunications wonk who wants to change the way the Internet works.”  Mr. Carter is Head of Legal and Policy at CloudFlare in San Francisco, CA. CloudFlare has an ambitious goal – build a better Internet. Its services protect and accelerate more than 4 million websites by automatically optimizing the delivery of web pages so visitors get the best performance possible. On any given day, CloudFlare serves more web traffic than Twitter, Bing, Wikipedia, Amazon, Apple, Tumblr, Reddit, and Instagram combined. He was hired as CloudFlare’s first in-house lawyer to lead legal affairs, public policy, government relations, and trust & safety.   Mr. Carter was recently selected as Bay Area Corporate Counsel of the Year 2016.  The award recognizes corporate counsel who “steer their companies through uncharted territory.” 

Before joining CloudFlare, Mr. Carter was Policy Counsel for Advanced Networks and Access Services at Google in Mountain View, CA.  At Google, he was responsible for developing the company’s global telecommunications policy strategy.  Mr. Carter also served as policy counsel for two of Google's most important products: Android and Fiber.  He was previously a Senior Consultant in the NGN and Internet Economics Department at WIK Consult GmbH, in Bad Honnef, Germany.  At WIK, he advised both private- and public-sector clients on matters relating to Next Generation Networks, particularly emerging issues or issues of first impression which cross traditionally-defined industries and classifications.  Mr. Carter also proposed a new mechanism for spectrum trading and assignment which can be as much as 80% more efficient than conventional auctions.  Mr. Carter was Senior Counsel for Business and Economics in the Office of Strategic Planning and Policy Analysis (OSP) at the Federal Communications Commission (FCC).  At the FCC, he provided the Chairman, Commissioners, and other senior staff with financial, business, and market analysis regarding emerging trends and their implications for strategic policy objectives.  He co-authored OSP Working Paper #39, "Unlicensed and Unshackled", widely-cited as an authority on the FCC's Part 15 Rules.  In addition, the Chairman recognized Mr. Carter and two other colleagues with the Commission's Excellence in Economic Analysis Award for their cutting-edge experimental economics work on market-informed radio spectrum policies.

Before the FCC, he served as the Deputy Director of the Columbia Institute for Tele-Information (CITI) at Columbia University, the leading academic research institute focusing on strategy, management, and policy issues in telecommunications, computing, and mass media.   Mr. Carter remains a Senior Research Fellow at the Institute.  He is also a GLOCOM Fellow at the Center for Global Communications at International University of Japan.  Mr. Carter has served on several advisory boards and committees, including the Technology Advisory Board of the International Criminal Court, the Board of Directors, Cardozo Law School Tech Startup Law Clinic, the Telecommunications Policy Research Conference (TPRC), and the Policy Program Committee of IEEE DySPAN.  In 2008, he served on an International Advisory Forum on Next Generation Broadband Networks to Minister Eamon Ryan of the Department of Communications, Energy and Natural Resources in the Republic of Ireland.

Mr. Carter holds United States Patents number 8,869,261: Securing access to touch-screen devices and number 9,030,293:  Secure passcode entry. He received an Executive MBA from Columbia Business School, a JD from the Benjamin N. Cardozo School of Law, and a BA from Colgate University.

Andrew Bridges defends innovators and their companies in important battles typically involving new technologies or business models, often when a company’s or an entire industry’s future is at stake.  His practice includes complex litigation, high-stakes counseling, and policy advice in Internet, copyright, trademark, advertising, unfair competition, consumer protection, trade secret, and commercial law matters.

Among his major litigation successes are:

  • Defending Diamond Multimedia in RIAA v. Diamond Multimedia (challenge to MP3 players)
  • Defending Google in Perfect 10 v. Google ( to search engine)
  • Defending MasterCard in Perfect 10 v. VISA and MasterCard (challenge to payment processing for alleged infringers)
  • Defending ClearPlay in Huntsman v. Soderbergh (challenge to DVD replay filtering software)
  • Enforcing Bare Escentuals’ rights against Intelligent Beauty (trademark and false advertising)
  • Representing Richard O’Dwyer (UK university student) in avoiding extradition from UK and prosecution in US for operating linking site
  • Representing owner of in recovering domain after seizure by Homeland Security in Operation In Our Sites
  • Defending Fitbit in Fitbug v. Fitbit (challenge to company name and brand)
  • Defending Giganews in Perfect 10 v. Giganews (challenge to Usenet service provider; obtained award of $6.5 million in attorneys’ fees for prevailing defendants)
  • Defending SoundCloud in Average Joe’s Ent’t v. SoundCloud (claims against sound recording platform by music label and publisher)
He received the California State Bar Intellectual Property Section Vanguard Award (private practice category) 2014, and National Law Journal honored him as an IP Trailblazer in 2017.  He received his law degree from Harvard; an M.A and B.A. from University of Oxford (Merton College) in philosophy and ancient history; and a B.A. from Stanford in Greek and Latin.

Cathy Gellis is a lawyer in the San Francisco Bay Area with a practice focused on intellectual property, free speech, intermediary liability, privacy, and other innovation policy matters affecting technology use and development. She regularly writes, speaks, counsels, and litigates on these and other related topics, particularly with respect to how these issues relate to Internet platforms. Examples of her work include defending the free speech rights of anonymous bloggers, representing an organization of college webcasters before the Copyright Royalty Board, and authoring numerous amicus briefs, including in litigation regarding the scope of CDA Section 230 and cases challenging NSA Internet surveillance. Her writing on the policy implications of technology regulation has appeared in various widely-read publications, including the Daily Beast,, and the technology news site, where she is a regular contributor. Prior to becoming a lawyer she was an aspiring journalist-turned-Internet professional who developed and managed websites for enterprises in Silicon Valley and Europe. She has a B.A. from the University of California at Berkeley in Mass Communications and Sociology, where she studied information technology and user adoption trends, and a J.D. from Boston University.

Daphne Keller's work focuses on platform regulation and Internet users' rights. She has testified before legislatures, courts, and regulatory bodies around the world, and published both academically and in popular press on topics including platform content moderation practices, constitutional and human rights law, copyright, data protection, and national courts' global takedown orders. Her recent work focuses on legal protections for users’ free expression rights when state and private power intersect, particularly through platforms’ enforcement of Terms of Service or use of algorithmic ranking and recommendations. Until 2020, Daphne was the Director of Intermediary Liability at Stanford's Center for Internet and Society. She also served until 2015 as Associate General Counsel for Google, where she had primary responsibility for the company’s search products. Daphne has taught Internet law at Stanford, Berkeley, and Duke law schools. She is a graduate of Yale Law School, Brown University, and Head Start.

Justin Olsson is Databricks' second lawyer (Associate General Counsel) and is based out of its San Francisco, California headquarters.  His work for Databricks focuses on a mix of product and privacy counseling and commercial negotiation.  Prior to joining Databricks, Mr. Olsson was Product Counsel at AVG Technologies and an associate at Goodwin Procter where he worked on a range of issues for technology companies, including intellectual property licensing, mergers and acquisitions, and general start-up law.  Mr. Olsson graduated from Harvard Law School in 2010 and with a degree in Chemical Engineering from Johns Hopkins University in 2007.

Tyler G. Newby is a partner in the Litigation Group at Fenwick & West LLP, where he chairs the firm’s IP and Commercial Litigation group and co-chairs the firm’s Privacy and Data Security practice.  His practice focuses on privacy and data security litigation, federal and state regulatory investigations and counseling for high technology clients ranging from early-stage startups to mature public companies. 

Prior to rejoining Fenwick & West in 2011, Mr. Newby was a federal prosecutor with the U.S. Department of Justice in Washington, D.C. where he was a Trial Attorney in the Criminal Division's Computer Crime and Intellectual Property Section, and a Special Assistant United States Attorney in the Cyber Division of the U.S. Attorney's Office for the Eastern District of Virginia.  The California Daily Journal named Mr. Newby a Top Cyber Attorney for 2019.  In 2014, Mr. Newby was named among the top attorneys in the United States under the age of 40 by Law360.

Mr. Newby graduated from Stanford Law School in 1999, where he was a Notes Editor of the Stanford Law Review.

Professor Bridy specializes in Internet and intellectual property law, with specific attention to the impact of disruptive technologies on existing frameworks for the protection of intellectual property and the enforcement of intellectual property rights. She has been interviewed on intellectual property topics for national media outlets including The Wall Street Journal, The Miami Herald, and National Public Radio’s Marketplace Tech Report. She is active in the leadership of the Association of American Law Schools (AALS) Internet and Computer Law Section and has held visiting appointments at the University of Pittsburgh School of Law and the Princeton University Center for Information Technology Policy (CITP). She is an occasional contributor to CITP’s Freedom to Tinker blog.

Professor Bridy teaches courses in the College’s Intellectual Property and Technology Law Program in addition to the first-year Contracts course. She is a past recipient of the College of Law’s William F. and Joan L. Boyd Award for Teaching Excellence and a four-time past recipient of the University of Idaho’s Alumni Award for Faculty Excellence.

Before joining the faculty, Professor Bridy was an associate in the litigation group at the law firm of Montgomery, McCracken, Walker & Rhoads in Philadelphia. She served as a judicial clerk for the Honorable William H. Yohn, Jr. of the United States District Court for the Eastern District of Pennsylvania and the Honorable Dolores K. Sloviter of the United States Court of Appeals for the Third Circuit.

Professor Bridy holds a J.D., magna cum laude, from the Temple University James E. Beasley School of Law, where she was a member of the Temple Law Review. Having graduated with the highest cumulative average in her class, she received the Israel Packel Memorial Award for Distinguished Scholastic Achievement. In addition to her J.D., Professor Bridy holds M.A. and Ph.D. degrees in English literature from the University of California at Irvine, where she taught undergraduate courses in expository writing and the English novel. At Irvine, she was a University Predoctoral Humanities Fellow and an Andrew W. Mellon Foundation Research Fellow in the Humanities. Professor Bridy earned her B.A. in English, summa cum laude with distinction, from Boston University. She is a member of the Phi Beta Kappa honor society.

Abigail Slater is Special Assistant to the President for Technology, Telecom, and Cyber policy on the National Economic Council.  Prior to her current role, she served for over three years as the General Counsel at the Internet Association and worked for a decade at the Federal Trade Commission.  She trained as a lawyer in the London and Brussels offices of Freshfields law firm.  She holds degrees from University College, Dublin and Oxford University and is an IAPP/US/EU certified privacy professional.

Andy Missan has served as Fitbit’s VP and General Counsel since March 2013. From 2009 to 2012, Andy served as VP and General Counsel at Bytemobile, Inc., a mobile video optimization company. Prior to Bytemobile, he served as VP and General Counsel of MobiTV (a provider of mobile video solutions), VP and General Counsel of Danger (a mobile devices and services company), and VP and General Counsel of Replay TV (a DVR technology company). He also held senior legal and business affairs positions at RCA Records Label/BMG Entertainment and Sony Music Entertainment. Andy earned a B.A. in Government from Oberlin College and a J.D. from Northwestern University School of Law.

Jennifer Granick is the Director of Civil Liberties at the Stanford Center for Internet and Society. Jennifer returns to Stanford after working with the internet boutique firm of Zwillgen PLLC. Before that, she was the Civil Liberties Director at the Electronic Frontier Foundation. Jennifer practices, speaks and writes about computer crime and security, electronic surveillance, consumer privacy, data protection, copyright, trademark and the Digital Millennium Copyright Act. From 2001 to 2007, Jennifer was Executive Director of CIS and taught Cyberlaw, Computer Crime Law, Internet intermediary liability, and Internet law and policy. Before teaching at Stanford, Jennifer spent almost a decade practicing criminal defense law in California. She was selected by Information Security magazine in 2003 as one of 20 “Women of Vision” in the computer security field. She earned her law degree from University of California, Hastings College of the Law and her undergraduate degree from the New College of the University of South Florida.

Laurent Crenshaw is the Head of Policy for Patreon. He is leading the company’s policy development, strategy, planning, and advocacy globally in the Content, Payments, Benefits, Merchandise, Community, and Public categories. Before joining Patreon, Laurent served in senior public policy roles at Eaze and Yelp. Prior to shifting to the private sector, Laurent worked in the House of Representatives for over 11 years focusing on technology policy issues, particularly in the areas of intellectual property, telecommunications, and internet law.