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Online Platforms and Popular Technologies 2019: Legal and Regulatory Responses to Technology Challenges


Speaker(s): Amna Latif, Andrew P. Bridges, Brittan Heller, Catherine R. Gellis, Corynne McSherry, Daphne Keller, Doug Hudson, Douglas Kramer, Erin Simon, Graham Smith, Prof. Nathaniel Persily, Prof. Sonia Katyal, Tony Sebro, Tyler G. Newby
Recorded on: Oct. 28, 2019
PLI Program #: 252831

Experience

  • Product Counsel, Knowledge

    Google

    Dec 2013 – Present

    San Francisco

     

  • Litigation Associate

    Fenwick and West

    Jan 2010 – Dec 2013

    San Francisco

     

  • Student Researcher

    The Center on Law and Security

    Oct 2008 – May 2009

     

  • Civil Rights Clinic Student

    New York Civil Liberties Union

    Sep 2008 – May 2009

     

  • Summer Associate

    Fenwick and West

    2008 – 2008

     

  • Legal Intern

    Electronic Frontier Foundation

    May 2007 – Aug 2007

     

  • PC Magazine

Production Artist

Jun 2005 – Sep 2006

Photo Intern

Sep 2004 – Jun 2005


Experience

  • Product Counsel

    Google

    Apr 2018 – Present

    San Francisco Bay Area

    Product and privacy counseling for Nest products.

  • Lead Product and Privacy Counsel

    WhatsApp Inc.

    Jan 2015 – Apr 2018

    San Francisco Bay Area

    Privacy and regulatory counseling.

  • Senior Corporate Associate

    Fenwick and West

    Sep 2010 – Jan 2015

    San Francisco Bay Area

    Significant representations: 
    - WhatsApp’s sale to Facebook 
    - M&A for Cisco, Symantec, Sony, Synopsys, and Intuit
    - lead counsel for over 50 venture capital financings
    - lead corporate counsel for over 20 startups

  • Corporate Associate

    Vinson and Elkins

    2008 – 2010

    Dallas/Fort Worth Area

    M&A, restructuring and reorgs.M&A, restructuring and reorgs.

  • Software Engineer

    Techlogix

    2001 – 2001

    Lahore, Pakistan

    Computer programming in C, C++, and SQL.
    Platforms and algorithms dev work.

  • Computer Science Teaching Assistant

Lahore University of Management Sciences

Sep 2000 – Dec 2000

Teaching assistant for senior year Computer Science courses.


Andrew Bridges represents innovators and their companies on 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, 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 (Amazon.com)(challenge 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 dajaz1.com 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.


Brittan Heller has structured her practice at Foley Hoag around the areas of law, technology and human rights. She specializes in advising companies on privacy, freedom of expression, content moderation, online harassment, disinformation, civic engagement, cyberhate and hate speech, and online extremism.

As the founding director of the Center on Technology and Society for the Anti-Defamation League, Brittan proposed new policies and implemented programs to prevent bias, racism, discrimination, and the spread of disinformation, with a focus on protecting minority populations. She also collaborated with major online platforms and gaming companies to combat cyberhate, and produced and launched new technology for good, in mediums like AI, VR/AR/XR and data visualization.

Brittan previously worked for the International Criminal Court on its first cases and the U.S. Department of Justice - Criminal Division, prosecuting grave human rights violations for the Human Rights and Special Prosecutions Section. Brittan prosecuted genocide and war crimes, and managed multinational investigations of human trafficking, smuggling, immigration fraud and transnational violent crime.

Brittan is frequently featured in or quoted by numerous national and international media outlets, including The New York Times, Washington Post, The Guardian, USA Today, Los Angeles Times, The Mercury News, CNN, NPR, Jezebel, TechCrunch, CNET, Fast Company, Mic, WIRED, and Inside Philanthropy.


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, Law.com, and the technology news site Techdirt.com, 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.


Corynne McSherry is the Legal Director at EFF, specializing in intellectual property, open access, and free speech issues. Her favorite cases involve defending online fair use, political expression, and the public domain against the assault of copyright maximalists. As a litigator, she has represented Professor Lawrence Lessig, Public.Resource.Org, the Yes Men, and a dancing baby, among others, and one of her first cases at EFF was In re Sony BMG CD Technologies Litigation (aka the "rootkit" case). In 2015 she was named one of California's Top Entertainment Lawyers.  She was also named AmLaw's "Litigator of the Week" for her work on Lenz v. Universal. Her policy work includes leading EFF’s effort to fix copyright (including the successful effort to shut down the Stop Online Piracy Act, or SOPA), promote net neutrality, and promote best practices for online expression. In 2014, she testified before Congress about problems with the Digital Millennium Copyright Act.  Corynne comments regularly on digital rights issues and has been quoted in a variety of outlets, including NPR, CBS News, Fox News, the New York Times, Billboard, the Wall Street Journal, and Rolling Stone. Prior to joining EFF, Corynne was a civil litigator at the law firm of Bingham McCutchen, LLP. Corynne has a B.A. from the University of California at Santa Cruz, a Ph.D from the University of California at San Diego, and a J.D. from Stanford Law School. While in law school, Corynne published Who Owns Academic Work?: Battling for Control of Intellectual Property (Harvard University Press, 2001).


Daphne Keller is the Director of Intermediary Liability at Stanford's Center for Internet and Society. Her work focuses on platform regulation and Internet users' rights. She has published both academically and in popular press; testified and participated in legislative processes; and taught and lectured extensively. 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 2015 Daphne was Associate General Counsel for Google, where she had primary responsibility for the company’s search products. She worked on groundbreaking Intermediary Liability litigation and legislation around the world and counseled both overall product development and individual content takedown decisions.


Doug Hudson is Assistant General Counsel & Senior Director at Etsy, where he manages litigation, IP and privacy matters for Etsy's worldwide marketplace.  He previously served as Senior Product Counsel at Twitter, and Senior Patent Counsel at Google from 2007-2015. 


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. (www.cloudflare.com / @cloudflare) is on a mission to help build a better Internet. Trusted by over 20 million Internet properties, Cloudflare is one of the world's largest cloud network platforms. Cloudflare’s network sees more than 1 billion unique IP addresses each day protecting and accelerating 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.


Graham Smith is Of Counsel at Bird & Bird LLP, based in London, UK. He is one of the UK’s leading cyberlaw experts, with a practice encompassing advisory and contentious work in the internet, IT and intellectual property fields. He has handled a variety of disputes in the IT sector, ranging from IT project litigation to software copyright disputes.

He has advised all kinds of internet actors on topics including copyright, intermediary liability and cross-border issues. His internet work includes lawful access to communications, data retention and related privacy issues. His submissions and evidence on the Investigatory Powers Bill were quoted in A Question of Trust, in the Joint Parliamentary Committee Report on the draft Bill, in the Commons Science and Technology Report on the draft Bill, in the Bulk Powers Review and in House of Lords debates on the Bill.

He edits and co-authors the textbook Internet Law and Regulation (Sweet & Maxwell, 5th edition forthcoming). His section of the Encyclopedia of Information Technology Law (Sweet & Maxwell) addresses non-contractual liability in the IT field, including negligence liability of suppliers and consultants. He contributed a chapter 'Cyberborders and the Right to Travel in Cyberspace' to the book 'The Net and the Nation State' (CUP 2017, ed U. Kohl).  He is a member of a Law Commission Advisory Panel for its project on Electronic Execution of Documents.

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 and a member of the Editorial Board of the International Journal of Law and Information Technology. He is rated by Chambers UK Directory as a Senior Statesperson for Information Technology.


Nate Persily is the James B. McClatchy Professor of Law at Stanford Law School, with appointments in the departments of Political Science, Communication, and FSI.  He is co-director of the Stanford Project on Democracy and the Internet, the Stanford Cyber Policy Center, and Social Science One, an initiative to facilitate greater sharing of privacy-protected Facebook data to social scientists. Professor Persily’s scholarship focuses on voting rights, political parties, campaign finance, redistricting, and election administration.  His current work, for which he has been honored as an Andrew Carnegie and CASBS Fellow, examines the impact of changing technology on political communication, campaigns, and election administration. He has served as a special master or court-appointed expert to craft legislative districting plans for numerous states and as the Senior Research Director for the Presidential Commission on Election Administration. He is coauthor of the leading election law casebook, The Law of Democracy (2016) and a member of the American Academy of Arts and Sciences. He also serves as a commissioner on the Kofi Annan Commission on Elections and Democracy in the Digital Age. www.persily.com and @persily.


Professor Sonia Katyal’s award winning scholarly work focuses on the intersection of technology, intellectual property, and civil rights (including antidiscrimination, privacy, and freedom of speech). Prof. Katyal’s current projects focus on the intersection between internet access and civil/human rights, with a special emphasis on the right to information; artificial intelligence and discrimination; trademarks and advertising; source code and the impact of trade secrecy; and a variety of projects on the intersection between gender and the commons. As a member of the university-wide Haas LGBT Cluster, Professor Katyal also works on matters regarding law, gender and sexuality. 

Professor Katyal’s recent publications include The Numerus Clausus of Sex, in the University of Chicago Law Review; Technoheritage, in the California Law Review; Rethinking Private Accountability in the Age of Artificial Intelligence, in the UCLA Law Review; The Paradox of Source Code Secrecy, in the Cornell Law Review (forthcoming); Transparenthood in the Michigan Law Review (with Ilona Turner) (forthcoming); and Platform Law and the Brand Enterprise in the Berkeley Journal of Law and Technology (with Leah Chan Grinvald). Katyal’s past projects have studied the relationship between informational privacy and copyright enforcement; the impact of advertising, branding and trademarks on freedom of expression; and issues relating to art and cultural property, focusing on new technologies and the role of museums in the United States and abroad.

Professor Katyal is the co-author of Property Outlaws (Yale University Press, 2010) (with Eduardo M. Peñalver), which studies the intersection between civil disobedience and innovation in property and intellectual property frameworks. Professor Katyal has won several awards for her work, including an honorable mention in the American Association of Law Schools Scholarly Papers Competition, a Yale Cybercrime Award, and twice received a Dukeminier Award from the Williams Project at UCLA for her writing on gender and sexuality. She has previously published with a variety of law reviews, including the Yale Law Journal, the University of Pennsylvania Law Review, Washington Law Review, Texas Law Review, and the UCLA Law Review, in addition to a variety of other publications, including the New York Times, the Brooklyn Rail, Washington Post, CNN, Boston Globe’s Ideas section, Los Angeles Times, Slate, Findlaw, and the National Law Journal.  Katyal is also the first law professor to receive a grant through The Creative Capital/ Warhol Foundation for her forthcoming book, Contrabrand, which studies the relationship between art, advertising and trademark and copyright law.

In March of 2016, Katyal was selected by U.S. Commerce Secretary Penny Pritzker to be part of the inaugural U.S. Commerce Department’s Digital Economy Board of Advisors. Katyal also serves as an Affiliate Scholar at Stanford Law’s Center for Internet and Society, and is a founding advisor to the Women in Technology Law organization. She also serves on the Executive Committee for the Berkeley Center for New Media (BCNM), on the Advisory Board for Media Studies at UC Berkeley, and on the Advisory Board of the CITRIS Policy Lab.

Before entering academia, Professor Katyal was an associate specializing in intellectual property litigation in the San Francisco office of Covington & Burling. Professor Katyal also clerked for the Honorable Carlos Moreno (later a California Supreme Court Justice) in the Central District of California and the Honorable Dorothy Nelson in the U.S. Court of Appeals for the Ninth Circuit.


Tony Sebro is the Deputy General Counsel for the Wikimedia Foundation, the nonprofit that supports Wikipedia and its related projects. A seasoned professional, Tony helps manage the day-to-day operations of the Foundation's legal department and provides specific expertise relating to technology, intellectual property, open source licensing, non-profit law, privacy and strategy.

Tony joined the Foundation after serving as General Counsel for Software Freedom Conservancy — a public charity that acts as the home for more than 40 free and open source software projects, including Git, Selenium and Samba. Prior to joining Software Freedom Conservancy, he spent time in the private sector with PCT Law Group and Kenyon & Kenyon and as an intellectual property licensing and business development professional with IBM.

Tony earned his Bachelor of Science degree in Mechanical Engineering from the Massachusetts Institute of Technology; an MBA from the University of Michigan - Stephen M. Ross School of Business; and his Juris Doctor degree from the University of Michigan Law School.

Tony is a member of the New York bar and registered to practice before the U.S. Patent and Trademark Office. Tony also is an active participant in and supporter of the non-profit community, and has served on the boards of multiple non-profit organizations.


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.