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Online Platforms 2017: Hot Topics in Liability & Social Responsibility

Speaker(s): Aaron Perzanowski, Andrew P. Bridges, Brittan Heller, Catherine R. Gellis, Daphne Keller, Douglas Kramer, Eileen Donahoe, Graham Smith, Justin Olsson, Laura H. Covington, Laurent Crenshaw, Stephen LaPorte, Tyler G. Newby
Recorded on: Oct. 30, 2017
PLI Program #: 180878

Aaron Perzanowski teaches courses in intellectual property, telecommunications and innovation. Previously, he taught at Wayne State University Law School, as a lecturer at the University of California Berkeley School of Information, and as a visitor at the University of Notre Dame Law School. Prior to his teaching career, he served as the Microsoft Research Fellow at the Berkeley Center for Law & Technology and practiced law at Fenwick & West in Silicon Valley.

His research addresses topics ranging from digital copyright to deceptive advertising to creative norms within the tattoo industry. With Jason Schultz, he is the author of The End of Ownership: Personal Property in the Digital Economy (MIT Press 2016), which argues for retaining consumer property rights in a marketplace that increasingly threatens them. His book with Kate Darling, Creativity Without Law: Challenging the Assumptions of Intellectual Property (NYU Press 2017), explores the ways communities of creators operate outside of formal intellectual property law.

Brittan Heller head ADL’s Center for Technology and Society, based in Silicon Valley, to bring civil rights into the digital age. Brittan formerly served in the Department of Justice, Human Rights and Special Prosecutions section, where she specialized in the intersection of human rights and technology. Before government service, Brittan practiced international human rights law overseas, where she built a law school in Kabul, Afghanistan, assisted North Korean refugees throughout Asia, and prosecuted the first cases at the International Criminal Court. During law school, Brittan spearheaded groundbreaking impact litigation to combat cyber-harassment and advocated for cyber civil rights. She is a graduate of Stanford University and Yale Law School.

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 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 studies the ways that Internet content platforms – and the laws governing them -- shape information access and other rights of ordinary Internet users. As the Director of Intermediary Liability at the Stanford Center for Internet and Society, she has written and spoken widely about the Right to Be Forgotten, copyright notice-and-takedown systems, cross-border content removal orders, platforms’ own discretionary content-removal decisions, and more. She has testified on these topics before legislatures, courts, and regulatory bodies around the world. In her previous role as Associate General Counsel at Google, Daphne worked on cases including Viacom, Perfect 10, Equustek, Mosley, and Metropolitan Schools; and was the primary counsel for products ranging from Web Search to the Chrome browser. Daphne has taught Internet law at Stanford, Berkeley, and Duke law schools. She is a graduate of Yale Law School and Brown University, and mother to some awesome kids in San Francisco.

Doug Kramer is General Counsel of Cloudflare, where he is responsible for managing the legal, policy, and trust and safety teams. In this role, Doug helps address the broad range of issues that touch the company's operations around the world. Prior to joining Cloudflare, Doug worked for seven years in senior positions in the Obama Administration, including as Deputy Assistant to the President and White House Staff Secretary, as the Deputy Administrator of the US Small Business Administration, and General Counsel at USAID. He previously worked in private practice in Washington, DC and Kansas City. He received Bachelor’s degrees in Philosophy and English from Georgetown University and his J.D. from University of Chicago Law School. 

Cloudflare, Inc. ( / @cloudflare) is on a mission to help build a better Internet. Today the company runs one of the world’s largest networks that powers more than 10 trillion requests per month, which is nearly 10 percent of all Internet requests for more than 2.5 billion people worldwide. Cloudflare protects and accelerates any Internet application online without adding hardware, installing software, or changing a line of code. Internet properties powered by Cloudflare have all traffic routed through its intelligent global network, which gets smarter with each new site added. As a result, they see significant improvement in performance and a decrease in spam and other attacks. Cloudflare was recognized by the World Economic Forum as a Technology Pioneer, named the Most Innovative Network & Internet Technology Company for two years running by the Wall Street Journal, and ranked among the world's 50 most innovative companies by Fast Company. Headquartered in San Francisco, CA, Cloudflare has offices in Austin, TX, Champaign, IL, Boston, MA, Washington, DC, London, and Singapore.

Eileen Donahoe is Executive Director of the Global Digital Policy Incubator at Stanford University’s Center for Democracy, Development and the Rule of Law. Eileen served as the first US Ambassador to the United Nations Human Rights Council in Geneva during the Obama Administration. She also served as Director of Global Affairs at Human Rights Watch where she represented the organization worldwide on human rights foreign policy.

Eileen is a Distinguished Fellow at the Center for International Governance Innovation; a member of the World Economic Forum Council on the Future of Human Rights; the University of Essex Advisory Board on Human Rights, Big Data and Technology; the Benetech Advisory Board. She is an Affiliate at the Center for International Security & Cooperation at Stanford University.  Previously, she was a technology litigator at Fenwick & West in Silicon Valley.

She holds a BA from Dartmouth, an M.T.S. from Harvard, a J.D. from Stanford Law School, an MA in East Asian Studies from Stanford, and a Ph.D. in Ethics and Social Theory from GTU at UC Berkeley.  She is a member of the Council on Foreign Relations.

Graham Smith is a partner in the London office of Bird & Bird LLP. London.

His practice encompassing advisory and contentious work in the internet, IT and intellectual property fields.  He advises on topics including copyright, intermediary liability and cross-border issues and has handled a variety of disputes in the IT sector, ranging from IT project litigation to software copyright disputes.  His recent internet work includes lawful access to communications, data retention and related privacy aspects.

He edits and co-authors the textbook Internet Law and Regulation (Sweet & Maxwell), which first appeared in 1996 and is now in its 4th edition. He has contributed a chapter on 'Cyberborders and the Right to Travel in Cyberspace' to the book The Net and the Nation State (Cambridge University Press, 2017). His Cyberleagle blog is a respected source of analysis on IT and internet law topics.

He is a member of the Advisory Board of the Information Law & Policy Centre. He is also a member of the Editorial Board of the International Journal of Law and Information Technology. He is rated by Chambers UK Directory as a Leading Individual for Information Technology.

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.

Laurent Crenshaw is the Director of Public Policy for Yelp. While at Yelp he has championed technology and fair competition issues. Additionally, he has spearheaded the company's efforts to protect consumer freedom of speech online, successfully advocating for passage of legislation at the federal and state levels.

Prior to joining Yelp in 2013, Laurent worked in the House of Representatives for over 11 years. During his tenure he served as the Legislative Director for Representative Darrell Issa focusing on technology policy issues, particularly in the areas of intellectual property, telecommunications and internet law. He also worked in the offices of the House Majority Whip and House Republican Conference.

Laurent also serves on the board of directors for Public Knowledge, the OpenGov Foundation and as a member of the American Library Association's Public Policy Advisory Council. He received his undergraduate degree at Stanford University and his juris doctor from American University.

Tyler G. Newby is a partner in the Litigation Group at Fenwick & West LLP, 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.  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.

Andrew Bridges represents innovators and their companies in a wide variety of important matters 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, and commercial law matters.  He advises entrepreneurs and companies that develop or promote new products, technologies, or business models in the face of potential legal challenges.  In addition, he has advised many important Internet and technology companies on their branding and trademark portfolios as well as litigating their rights.

Laura Covington has over two decades' experience as a leader and expert on cutting-edge legal, public policy and regulatory issues facing technology and media companies. She was the first intellectual property lawyer at Yahoo.  In addition to building the company’s IP team, she also served in public policy and government relations, and most recently was General Counsel for Yahoo EMEA (Europe/Middle East/Africa).  Her expertise spans all of IP, with particular emphasis on trademark, copyright, and patent litigation and reform, as well as online content regulation, advertising, intermediary liability, ICANN, internet governance,  and international trade. Laura has also managed complex privacy, data protection and cybersecurity issues, especially in Europe.

Stephen is Legal Director at the Wikimedia Foundation, where he advises on governance, fundraising, copyright, and other internet law and policy topics. Stephen is co-creator of CollabMark, a trademark guide for open source software. He is also an active contributor to open source software projects, including a series of interactive visualizations on Wikipedia. Stephen’s main areas of interest are open source licensing and online platforms. Stephen graduated from the University of Nebraska-Lincoln and the University of California, Hastings College of the Law.