celebr ating five years of groundbreaking ......fabien gelinas, mcgill university daniel j. gervais,...

C E L E B R AT I N G F I V E Y E A R S O F

G R O U N D B R E A K I N G W O R K I N

I N F O R M AT I O N L A W

CENTER onLAW andINFORMATIONPOLICY

http://law.fordham.edu/clip

A S T H E F I E L D O F I N F O R M A T I O N T E C H N O L O G Y C O N T I N U E S T O G R O W A T B R E A K N E C K S P E E D , our society increasingly relies on its developments and innovations. Law and policy, however, often trail the technological advances.

In 2005, Fordham Law founded CLIP, the Center on Law and Information Policy, in response to these regulatory challenges. CLIP is now on the cutting edge of scholarship and legal education in the emerging field of information law.

The Center supports and conducts research, organizes workshops and confer-ences, and hosts and facilitates high-level public discourse on topics such as data privacy and security, peer-to-peer technologies and intellectual property protection of information assets, and the liability of Internet intermediaries.

CLIP’s work is disseminated widely, helping to influence the guiding principles of our knowledge-driven society and find solutions to legal issues posed by information technologies.

On the following pages, you’ll learn more about CLIP and its contributions over the past five years.

(From left) 2010 Law & Information Society Symposium keynote speaker Michael Anti, a political columnist/blogger in China and former Harvard Nieman Fellow, with Fordham University Board of Trustees Chair John Tognino and CLIP Director Joel R. Reidenberg

Learn more about what’s next and how you can get

involved at law.fordham.edu/clip.


CLIP was founded to make significant contributions to the development of law and policy for the information economy and to teach the next generation of leaders. CLIP brings together scholars, the bar, the business community, technology experts, the policy community, students, and the public to address and assess policies and solutions for cutting-edge issues that affect the evolution of the information economy.

In pursuing this mission, CLIP pursues work in five related areas:

■■ Law and policy relating to the regulation of information and public values

■■ Law and policy for innovation and knowledge creation■■ Technology, privacy, and security ■■ Technology and governance■■ The protection of intellectual property and information assets

Joel R. Reidenberg is the Founding Academic Director of the Center on Law and Information Policy and the Stanley D. Waxberg and Nikki Waxberg Chair at Fordham Law School. Reidenberg’s published books and articles explore both information privacy and information technology law and policy. He currently teaches courses in Information Privacy Law, Intellectual Property Law, and Internet Law. He has served as an expert adviser to the U.S. Congress, the Federal Trade Commission, and the European Commission on data privacy matters. He also has chaired the Section on Defamation and Privacy of the Association of American Law Schools and is a former chair of the Association’s Section on Law and Computers. Reidenberg received an A.B. degree from Dartmouth College, a J.D. from Columbia University, and both a D.E.A. droit international économique and a Ph.D. in law from the Université de Paris–Sorbonne. He is admitted to the Bars of New York and the District of Columbia.

Jamela Debelak is the Executive Director of the Center on Law and Information Policy. She also serves as an adjunct faculty member, teaching courses on Internet Law and the Law of Internet Speech. Prior to joining CLIP, Debelak was an associate in the IP Transactional Group at Dechert LLP. At Dechert, she worked with technology, media, pharmaceutical, and manufacturing companies in licensing, development, and acquisition matters involving intellectual property. She also previously worked as a law clerk at Rykodisc, Inc., which was, at the time, a stand-alone recording, publishing, and distribu-tion company. She earned her B.A., summa cum laude, from The Ohio State University and is a magna cum laude J.D. graduate of Temple Law School.

M I S S I O N

S TA F F

I N C E L E B R A T I O N O F

I T S 5 T H A N N I V E R S A R Y

during the 2010–2011 academic

year, CLIP will focus on Public

Values in Information Law. See

the inside back cover for a listing

of events and learn more at

law.fordham.edu/clip.

http://law.fordham.edu/faculty/1134.htmhttp://law.fordham.edu/clip

INFORMATION LAW & POLICY ROUNDTABLE SERIESSince its founding, CLIP has convened this monthly series, bringing together New York–area academics, lawyers, industry experts, and select Fordham students to discuss in a casual setting current events in the IP/IT field. Recent roundtables have included a featured guest commentator.

S E L E C T E D P A S T T O P I C S

Sony’s Rootkit, NSA Wiretaps, Patriot Act Renewal: Security or Surveillance?

Developments at the WIPO, featuring special guest Geoffrey Yu, Deputy Director General, WIPO

Is YouTube Legal?

Going Viral—Use and Abuse of Fashion Photos, featuring special guest Michael Keute, international fashion model

Wikileaks Meets Reputation Defender — Keeping Information Off the Net

Connect the Dots — Behavioral Marketing and the Financial Meltdown

Google Books Settlement — Good for Public Pol dicy?

Behavioral Advertising or Privacy Misbehavior, featuring special guest Joseph Turow, Robert Lewis Shayon Professor of Communication, Annenberg School for Communication, University of Pennsylvania

Tweeting Judges and Googling Juries, featuring special guest Hon. Loretta A. Preska ’73, Chief Judge of United States District Court for the Southern District of New York

Travel Security Checkpoints and Digital Strip Searches, featuring special guest Sean Walsh, Assistant General Counsel, FBI National Security Branch

Boycotts and Filters and Hacks! Oh, My! — China and the Internet, featuring special guest Adam Cohen, Mem-ber of the Editorial Board, The New York Times

“The roundtable regarding social network use by judges, lawyers, jurors, and witnesses

not only changed the way in which I approach the problems associated with jurors and

the Internet, but it sparked general discussion in our Court of these issues. CLIP has

given lie to the old adage that ‘You can’t teach an old dog new tricks.’ In this instance,

CLIP taught many of us old dogs some new tricks required and appropriate in light of

the changing technology.”

—Hon. Loretta A. Preska, Chief Judge,

U.S. District Court for the Southern District of New York

E V E N T S 2 0 0 5 – 2 0 1 0

LAW & INFORMATION SOCIETY INVITATIONAL FACULTY WORKSHOP SERIESCLIP initiated this series in 2007 to provide a unique forum for scholars to receive input on their current work from leading experts in the field. The distinctive format joins together a small number of information law scholars from across the country with Fordham Law’s information law faculty and experts from other New York area schools for an informal, high-level discussion of works-in-progress. The series explores major issues related to the role of law and technological developments in society.

2 0 0 7 – 2 0 0 8Developing Drugs for Developing NationsWilliam W. Fisher III, WilmerHale Professor of Intellectual Property Law & Director, Berkman Center for Internet and Society, Harvard Law School

Law and Virtual WorldsGreg Lastowka, Associate Professor of Law, Rutgers School of Law–Camden

2 0 0 8 – 2 0 0 9Reputation NationLior Stahilevitz, Professor of Law, University of Chicago Law School

Rethinking Free Speech LiabilityDaniel J. Solove, Professor of Law, George Washington University Law School

Neil Richards, Professor of Law, Washington University Law School

Cyber Civil RightsDanielle Keats Citron ’94, Professor of Law, University of Maryland School of Law

2 0 0 9 – 2 0 1 0Applying the Fourth Amendment to the Internet: A General ApproachOrin Kerr, Professor of Law, George Washington University Law School

iP: YouTube, MySpace, Our CultureMadhavi Sunder, Professor of Law, University of California, Davis School of Law

The Surprising Failure of Data AnonymizationPaul Ohm, Associate Professor of Law, University of Colorado Law School

P A S T O U T - O F - T O W N C O M M E N T A T O R S :

Alessandro Acquisiti, Assistant Professor of IT & Public Policy, Carnegie Mellon University

C. Edwin Baker (deceased), Nicholas F. Gallicchio Professor of Law and Communications, University of Pennsylvania

Shyamkrishna Balganesh, Assistant Professor of Law, University of Pennsylvania Law School

Jack Balkin, Knight Professor of Constitutional Law and the First Amendment & Director of The Information Society Project, Yale Law School

Kevin Bankston, Senior Staff Attorney, Electronic Frontier Foundation

Tim Burke, Professor of History, Swarthmore College

Julie E. Cohen, Professor of Law, Georgetown University Law Center

Mia Consalvo, Associate Professor of Telecommunica-tions, Ohio University

Deven Desai, Associate Professor of Law, Thomas Jef-ferson School of Law

A. Michael Froomkin, Professor of Law, University of Miami School of Law

John Golden, Assistant Professor of Law, University of Texas–Austin

Amy Kapcynzki, Assistant Professor of Law, UC–Berkeley Law School

Nancy Kim, Associate Professor of Law, California West-ern School of Law

Herb Lin, Chief Scientist, Computer Science and Telecom-munications Board, National Academies

William McGeveran, Associate Professor of Law, Univer-sity of Minnesota Law School

Deven McGraw, Director, Health Privacy Project, Center for Democracy & Technology

Helen Norton, Associate Professor of Law, University of Colorado Law School

John Palfrey, Henry Ness III Professor of Law, Harvard Law School

Arti Rai, Elvin R. Latty Professor of Law, Duke Law School

Timothy Zick, Professor of Law, William & Mary Law School

“CLIP Faculty Workshops bring together genuine experts for discussions

that proceed at the highest level. The questions are tough but fair, the

discussion is candid and collegial, and Joel Reidenberg is a virtuoso at

facilitating debate and learning.”

—Lior Strahilevitz, Professor of Law,

University of Chicago Law School

E V E N T S 2 0 0 5 – 2 0 1 0

LAW & INFORMATION SOCIETY SYMPOSIA

2 0 0 5Law and the Information SocietyThis two-day symposium, co-sponsored with the Fordham Law Review, explored the challenges posed by information technologies and the changing role of law in our information society. The symposium examined key information law and policy issues in the context of societal values across a range of related domestic and international areas such as intellectual property, trade, and privacy.

S P E A K E R S

Dan L. Burk, University of Minnesota Law School

Robert R. Bruce, Senior Research Fellow, Center for Digital Strate-gies, Tuck School of Business Administration, Dartmouth*

Julie E. Cohen, Georgetown University Law Center

Susan Crawford, Cardozo Law School

Niva Elkin-Koren, University of Haifa

Michael Geist, University of Ottawa

Fabien Gelinas, McGill University

Daniel J. Gervais, University of Ottawa

Abner S. Greene, Fordham Law School*

Hugh Hansen, Fordham Law School*

Sonia Katyal, Fordham Law School*

Orin Kerr, George Washington University Law School

Jay P. Kesan, University of Illinois College of Law

David McGowan, University of Minnesota Law School

Helen Nissenbaum, New York University

Beth Simone Noveck, New York Law School

Mark R. Patterson, Fordham Law School

Ruth Okediji, University of Minnesota Law School

Joel R. Reidenberg, Fordham Law School

Neil Richards, Washington University

Madeline Schachter, Deputy General Counsel, Time Warner Book Group, Inc.; Adjunct Professor, Fordham Law School*

Daniel J. Solove, George Washington University Law School

Lior Jacob Strahilevitz, University of Chicago Law School

Chantal Thomas, Fordham Law School*

R. Polk Wagner, University of Pennsylvania Law School

Phil Weiser, University of Colorado School of Law

Tim Wu, University of Virginia

Jonathan Zittrain, Harvard Law School

P A N E L T O P I C S :

Intellectual Property and Public Values

Information Regulation and the Freedom of Expression

Information Technology and International Trade

Market Regulation and Innovation

Responsibility and Liability on the Internet

The Coexistence of Privacy and Security

*Moderators

2 0 0 8Enforcement, Compliance and Remedies in the Information SocietyThis two-day symposium explored the enforcement of, compliance with, and remedies flowing from the law in the information society. These aspects were reviewed in four different substantive areas: international privacy, intellectual property, consumer protection, and data warehousing. These areas were selected because of their significance in the information society and because they were areas where regulation was currently evolving.

S P E A K E R S

Susan Block-Lieb, Fordham Law School*

Justin Brookman, Office of the Attorney General of New York, Internet Bureau

Jeffrey Cunard, Partner, Debevoise & Plimpton LLP

Joseph V. DeMarco, Partner, DeVore & DeMarco LLP*

Pam Dixon, Executive Director, World Privacy Forum

Franck DuMortier, Researcher in Law, CRID, University of Namur (Belgium)

David Fewer, Legal Counsel, Canadian Internet Policy and Public Interest Clinic, University of Ottawa

Robert Gellman, Privacy and Information Policy Consultant

Jane Ginsburg, Columbia Law School

Wendy Gordon, Boston University School of Law *

Thomas D. Halket, Attorney and Chartered Arbitrator, Halket Weitz LLP*

Hugh Hansen, Fordham Law School*

Evan D. Hendricks, Editor/Publisher and Founder of Privacy Times

Chris Hoofnagle, Senior Staff Attorney, Samuelson Law, Technology & Public Policy Clinic, UC Berkeley School of Law

Sonia Katyal, Fordham Law School

Jeffrey I. Klein, Partner, Goodwin Procter LLP

Clifford R. Michel, Of Counsel, Orrick, Herrington & Sutcliffe LLP

Jennifer Pariser, Senior Vice President, Associate General Counsel, Litigation & Anti-Piracy, Sony BMG Music Entertainment

Frank Pasquale, Seton Hall Law School

Jules Polonetsky, Chief Privacy Counsel, AOL LLC

Joel R. Reidenberg, Fordham Law School*

Ira Rubinstein, Information Law Institute, NYU Law School*

Wendy Seltzer, Northeastern University School of Law

Terry Smiljanich, Senior Partner, James, Hoyer, Newcomer & Smiljanich

Andrew Smith, Partner, Morrison & Foerster LLP

Alexander H. Southwell, Of Counsel, Gibson, Dunn & Crutcher LLP

Latanya Sweeney, Carnegie Mellon School of Computer Science

Peter Swire, Ohio State University

Jennifer M. Urban, USC Gould School of Law

Yael Weinman, Counsel for International Consumer Protection, Federal Trade Commission

Raphael Winick, Assistant General Counsel, ESPN

Joel Winston, Associate Director, Division of Privacy & Identity Protec-tion, Federal Trade Commission


Notice and Take Down Process — Over-Enforcement?

Secondary Liability and Remedies Post Grokster

Individual Enforcement of Rights Against a Corporate Data Warehouser

The Challenge of International Compliance for Data Storage by Search Engines

Data Security Breaches — The Prelude & Aftermath

Credit Report Cases — Effective Remedies?

Internal Investigations and Compliance with Transnational Data Flow Rules

*Moderators

E V E N T S 2 0 0 5 – 2 0 1 0

2 0 0 9Intermediaries in the Information SocietyThis symposium explored the legal issues faced by Internet intermediaries and their impact on society.

S P E A K E R S

Jack M. Balkin, Yale Law School

Ian C. Ballon, Shareholder, Greenberg Traurig

Dr. Ian Brown, Senior Research Fellow, Oxford Internet Institute

William R. Engles, Jr., Chief Financial Officer, Portero, Inc.

Frederick Felman, Chief Marketing Officer, MarkMonitor

Rob Frieden, Penn State University*

Joseph C. Gioconda, Partner, DLA Piper USA LLP

Eric Goldman, Santa Clara University School of Law

Wendy Gordon, Boston University School of Law

James Grimmelmann, New York Law School

Paul Gupta, Partner, Orrick, Herrington & Sutcliffe LLP

Thomas D. Halket, Attorney and Chartered Arbitrator, Halket & Weitz LLP*

Samir Jain, Partner, WilmerHale

Nancy Kim, California Western School of Law

Helen Nissenbaum, New York University

Dawn C. Nunziato, University Law School


Susan Scafidi, Fordham Law School*

Randi W. Singer, Partner, Weil, Gotshal & Manges LLP

Olivier Sylvain, Fordham Law School*

Rebecca Tushnet, Georgetown University Law Center

Jay Westermeier, Of Counsel, Finnegan, Henderson, Farabow, Garrett & Dunner LLP

Mike Yang, Managing Product Counsel, Google, Inc.


Content and CDA Immunity

Why is Tiffany Blue? 3rd-Party Liability and the eBay Cases

The Social Impact of Intermediaries

Intermediaries as Legal Filters

Practical Tips for Advising Intermediaries

*Moderators

E V E N T S 2 0 0 5 – 2 0 1 0

Chris Hoofnagle of UC–Berkeley Law School at the CLIP 2008 Symposium, with Joseph DeMarco of DeVore & DeMarco LLP, Justin Brookman of the Office of the Attorney General of New York, Peter Swire of Ohio State University, and Alex Southwell of Gibson, Dunn & Crutcher LLP


The Internet as a Dual Use Technology: Democracy and Extremism

Distinguishing Hate Speech from Legitimate Political Expression

Online Hate Speech and Diverse International Concerns

How to Combat Hate Speech While Promoting Democracy

*Moderators

2 0 1 0Hate Versus Democracy on the InternetFrom political blogs to the exposure of rights abuses, the Internet advances communication and the free flow of information that is at the heart of democracy. Yet, from Holocaust deniers to terrorist organizers, the Internet also serves as an enabler for extremists promoting hate, violence, and the corrosion of democratic values. This conference explored the legal and policy dimensions of the Internet’s dual impact.

K E Y N O T EMichael Anti, Political Columnist and Blogger in China & former Harvard Nieman Fellow

S P E A K E R S

Yaman Akdeniz, Istanbul Bilgi University

Ann Bartow, University of South Carolina School of Law*

Susan Benesch, Senior Fellow, World Policy Institute

David E. Bernstein, George Mason University School of Law

Danielle Keats Citron ’94, University of Maryland School of Law

Raphael Cohen-Almagor, University of Hull

Sandra Coliver, Senior Legal Officer, Open Society Justice Initiative

Philippe Dufresne, Director & Senior Counsel, Canadian Human Rights Commission

Bruce Etling, Director of the Internet & Democracy Project, Berkman Center for Internet and Society, Harvard University

Holly Hawkins, Director of Consumer Advocacy and Privacy, AOL

Steven J. Heyman, Chicago-Kent College of Law

Kenneth Lasson, University of Baltimore School of Law

Peter Molnar, Senior Research Fellow, Center for Media and Communications Studies, Central European University


Philippe A. Schmidt, Lawyer, SBKG law firm; Chairman, International Network Against Cyber Hate; Vice President for International Affairs, International League Against Racism and Anti-Semitism (LICRA)

Julie Suk, Benjamin N. Cardozo School of Law*

Zephyr Teachout, Fordham Law School*

Alexander Tsesis, Loyola University School of Law

Mark Weitzman, Director of Task Force on Hate & Terrorism, Simon Wiesenthal Center

E V E N T S 2 0 0 5 – 2 0 1 0

Danielle Keats Citron ’94 of the University of Maryland and Susan Benesch of the World Policy Institute at the CLIP 2010 Symposium

LAW & INFORMATION SOCIETY LECTURESThis series of lectures has brought leaders to Fordham Law to explore major issues related to law and technology in society.

J A N U A R Y 1 6 , 2 0 0 7Net NeutralityHon. William Barr, Former U.S. Attorney General and Executive Vice President and General Counsel of Verizon

M A R C H 1 3 , 2 0 0 8Intellectual Property and the InternetDonald B. Verrilli Jr., Partner, Jenner & Block LLP

Hon. William Barr, former U.S. Attorney General and Executive Vice President and General Counsel of Verizon, speaks at a 2007 Law & Information Society Lecture

TECH LAW CAREER SERIESThis annual series invites practitioners to the Law School to meet with students to discuss various careers in technology and information law in a casual setting.

P A S T P A R T I C I P A N T SMitch Ahlbaum, Deputy Commissioner & General Counsel, NYC Department of Information Technology & TelecommunicationsBarry Benjamin ’93, Partner, Kilpatrick Stockton LLPJustin Brookman, Assistant Attorney General, Office of the Attorney General of New York, Internet BureauElizabeth Corradino ’90, Partner, Moses & Singer LLP Gaby Darbyshire, Chief Operating Officer, Gawker MediaJohn F. Delaney, Partner, Morrison & Foerster LLPFlora Garcia ’07, Director of Privacy, Time, Inc.Nick Goldin, Assistant US Attorney, Southern District of NYSusan Greene ’93, Director, Legal & Business Affairs, EMI Music North AmericaScott J. Kamber, Attorney, KamberLaw LLCSean Kane ’98, Partner, Drakeford & Kane LLCBruce P. Keller, Partner, Debevoise & Plimpton LLPAdrienne Meisels ’96, Senior Vice President of Media Sales & Operations, MixercastWilliam Patry, Senior Copyright Counsel, Google, Inc.Jonathan Seiden, Vice President & Director of Intellectual Property, CKX, Inc.Jonathan Shapiro ’94, The Shapiro Firm LLP David Szuchman, Director of the Division of Consumer Affairs, Office of the Attorney General of New JerseyRaphael Winick, Assistant General Counsel, ESPN

PUBLIC PANELSCLIP hosts periodic panel discussions, open to the public, on current topics in information law. Past topics have included “Net Neutrality” and “Reputation in the Internet Age.”

STUDENT PANELSCLIP also works with the Fordham Law School Career Planning Center to host panel discussions for law students on various career options. The panels provide students with an overview of a specific practice area, and panel members typically represent a diverse cross section of the given area. Past career panels have focused on the following practice areas: copyright and trademark practice, careers in privacy, and information technology law.

E V E N T S 2 0 0 5 – 2 0 1 0

James Bessen and Michael J. Meurer of Boston University School of Law on their book Patent Failure: How Judges, Bureaucrats, and Lawyers Put Innovators at Risk (Princeton University Press, 2007)

Christopher Slobogin of University of Florida Levin College of Law, on his book Privacy at Risk: The New Government Surveillance and the Fourth Amendment (U. Chicago Press, 2007)

Neil W. Netanel of UCLA School of Law, on his book Copyright’s Paradox (Oxford University Press, 2008)

IP AUTHORS SERIESDuring the 2008–2009 academic year, CLIP and the IP faculty at Fordham Law School sponsored an IP Authors Series featuring authors of three recently published books in the information law field.

2 0 0 8 – 2 0 0 9When Worlds Collide: Intellectual Property at the Interface Between Systems of Knowl-edge CreationCo-Sponsored with the Fordham Law Review

Privacy Rights and Wrongs: Balancing Moral Priorities for the 21st CenturyCo-Sponsored with Fordham University’s Center for Ethics Education

FTC Workshops: Business Data Security and Red Flags Rule ComplianceCo-Sponsored with the Federal Trade Commission

2 0 0 9 – 2 0 1 0Internet Law Book Exchange: Notes from the New World and the Future of the InternetFeaturing David Post, I. Herman Stern Professor of Law, Temple Law School and Jonathan Zittrain, Professor of Law and Co-Founder of the Berkman Center for Internet & Society, Harvard Law School Co-Sponsored with the Fordham Law Review

Privacy Protection in Israel: New DevelopmentsFeaturing Yoram Hacohen, Head of the Israeli Law, Information and Technology AuthorityCo-Sponsored with The College of Management Academic Studies School of Law, and Skadden, Arps, Slate, Meagher & Flom

Of Cameras and CourtroomsFeaturing Hon. Alex Kozinski, Chief Judge of the U.S. Court of Appeals for the Ninth CircuitCo-Sponsored with the Fordham Intellectual Property, Media & Entertainment Law Journal

C O - S P O N S O R E D E V E N T S

CLIP events bring together practitioners—like Bojana Bellamy of Accenture and Joroen Terstegge of Royal Phillips Electronics (above)—and the general public for engaging discussions about current and emerging information law topics

R E S E A R C H

“Thanks to you for the excellent workshop. This is what a great university

does to improve the quality of public policy by convening a superb event.”

—Hon. William Kovacic, former FTC Commissioner

INTERNATIONAL DATA PROTECTION AND BINDING CORPORATE RULESCLIP hosted a two-day workshop on November 13-14, 2006, on international data protection and binding corpo-rate rules. The workshop explored the use of Binding Corporate Rules as a solution for the adequate protection of personal information under European Directive 95/46/EC. The workshop brought together a select group of industry leaders, technologists, academic and policy leaders, and government regulatory officials to engage in a constructive dialogue in order to clarify uncertainty surrounding the use of Binding Corporate Rules.

PRIVACY AND TRUST IN ELECTRONIC COMMUNICATIONSIn January 2007, CLIP was awarded a European Commission research grant, as part of an international consortium of research institutes, to perform a comparative study of “Privacy and Trust in Electronic Communications.” The study was submitted to the European Commission in July of that same year. CLIP Director Joel R. Reidenberg and student Project Fellows Camilla M. Abder ’08, Cedric Burton LL.M. ’07, Lisa C. Cooms ’08, and Ezra W. Kover ’08 were named as co-authors of the report.

BLOGGERS AND INTELLECTUAL PROPERTYIn September 2009, a team of student research fellows began a project to review intellectual property claims asserted against bloggers. From this review, we hope to identify the types of activities and fact patterns that typically raise legal concerns and result in legal action. This is the first project CLIP is undertaking in support of a long-term research goal aimed at identifying IP best practices for bloggers.

P O L I C Y W O R K S H O P

Hon. William Kovacic, former FTC Commisioner (center), and inde-pendent privacy and information policy consultant Robert Gellman (right) at the CLIP Workshop on International Data Protection and Binding Corporate Rules

“The Center for Law and Information Policy plays a vital function in developing policy regarding

the protection of personal information in this electronic age. The ‘hackers’ are winning, and

secure walls need to be built to prevent these predatory cyberspace moles from gaining

access to an individual’s personal data. CLIP is in the forefront of this battle, developing legal

constraints to stop this nefarious activity and thus preserve the security of our data for the

benefit of the individual as well as society as a whole.”

—Robert W. Hollweg ’67

General Counsel (retired), Weight Watchers

R E S E A R C H

CHILDREN’S EDUCATIONAL RECORDS AND PRIVACYIn spring 2008, CLIP launched a state-by-state study of children’s educational records and privacay. In October 2009, CLIP released the study and reported on the results of a survey of all 50 states finding that state edu-cational databases across the country ignore key privacy protections for the nation’s K-12 children. The study provided recommendations for best practices and legislative reform to address these privacy problems.

S T U D Y I M P A C T

■■ Congressional hearings before the House Committee on Education and Labor focused on the CLIP study in April 2010

■■ The Inspector General of the Social Security Administration relied on the CLIP study in his July 2010 audit report

■■ Media coverage included The Washington Post, Education Week, the Center for Democracy and Technology Blog, and U.S. PIRG

■■ Policymakers requested briefings, including:

■■ Assistant Secretary of Education Carmel Martin and her senior staff

■■ Staff of both the Senate and House education committees

■■ The National Conference of State Legislatures

■■ The Privacy Coalition (a coalition of organiza-tions dedicated to protecting privacy)

■■ The Data Quality Campaign

■■ The American Association of Collegiate Registrars and Admissions Officers

■■ The Association of Jesuit Colleges and Universities

■■ The National Association of Attorneys General President-Elect and Washington State Attorney General Rob McKenna put the CLIP study on the recommended reading list for the organization’s members

CLIP Director Joel R. Reidenberg (far right) testified before Congress about the privacy of children’s educational records on April 14, 2010, during a hear-ing on “How Data Can be Used to Inform Educational Outcomes.” Congress-man John Kline introduced Reidenberg as a professor “who’s been at the forefront in examining the privacy implications of longitudinal data systems.” Rep. Kline added, “No conversation about educational data systems would be complete without a discussion of student privacy. Research indicates not nearly enough is being done to safeguard our students’ records.” Congress-man George Miller, Chairman of the Education and Labor Committee, later said, “Mr. Reidenberg, absolutely you raise issues that every member on this committee shares and is passionate about … you are right, we want to know how [the data] is being used and for what purposes.”

In 2010, CLIP formed a Board of Advisors to help guide the Center’s future development and assist in programmatic planning to keep the Center’s work relevant and on the cutting edge. Board members help develop ideas for confer-ences, research projects, and other center events and activities. The inaugural Board of Advisors comprises leaders with expertise in information law who come from law firms, companies, non-profit organizations, and the judiciary.

I N A U G U R A L B O A R D M E M B E R S

Hon. Marsha S. Berzon, U.S. Court of Appeals for the Ninth Circuit

Hon. Denny Chin ’78, U.S. Court of Appeals for the Second Circuit

Jeffrey P. Cunard, Partner, Debevoise & Plimpton

Michelle Finneran Dennedy ’96, Vice President for Security & Privacy Solutions, Oracle

Flora Garcia ’07, Privacy Director, Time, Inc.

Robert W. Hollweg ’67, General Counsel (retired), Weight Watchers

Hon. Theodore T. Jones, Associate Judge, New York State Court of Appeals

Eleanor M. Lackman ’03, Associate, Hogan Lovells

James Leitner ’82, President, Falcon Management

Gerard J. Lewis, Jr., Vice President, Deputy General Counsel & Chief Privacy Officer, Comcast Cable Communications, LLC

William E. Min ’90, Senior Vice President, Global Assurance & Chief Privacy Officer, Starwood Hotels & Resorts Worldwide, Inc.

Hon. Marilyn Patel ’63, U.S. District Court for the Northern District of California

Jonathan Seiden, Vice President & Director of Intellectual Property, CKX, Inc.

Alexander Southwell, Partner, Gibson, Dunn & Crutcher LLP

Edward M. Stroz, Co-President, Stroz Friedberg LLC

B O A R D O F A D V I S O R S

Comcast Corporation

Jeffrey P. Cunard

General Electric Co.

HJ Heinz Company Foundation

Robert W. Hollweg ’67

International Association of Privacy Professionals

James Leitner ’82

LF Foundation, Inc.

Constantine N. Katsoris ’57

William E. Min ’90

Orrick, Herrington & Sutcliffe LLP

Pfizer Foundation

Roger M. Sachs, M.D. ’77

Estate of Warner S. Shelly ’24

Edward M. Stroz CBA ’79 & Sara A. Spooner

Stroz Friedberg, LLC

DeRoy C. Thomas ’52

John H. Wolff ’76 & Nancy Eppler-Wolff

D O N O R S & S P O N S O R S

CLIP is grateful to our donors and sponsors for their generous support, which has made possible our work over the past five years.*

(From left) Former Dean William Michael Treanor with Robert W. Hollweg ’67, former General Counsel of Weight Watchers, and CLIP Director Joel R. Reidenberg

*As of August 31, 2010

F U L L- T I M E F A C U L T Y ,

Jeanne C. Fromer, Associate Professor of Law, specializes in intellectual property and information law, with particular emphasis on unified theories of patent and copyright law. Her article “The Layers of Obviousness in Patent Law” (22 Harvard Journal of Law & Technology 75) was named one of the best IP law articles of 2008. A former IP attorney and law clerk to U.S. Supreme Court Justice David H. Souter, she earned a B.A., summa cum laude, at Barnard College, Columbia University; an S.M. at MIT; and a J.D., magna cum laude, at Harvard Law.

Hugh C. Hansen, Professor of Law, teaches trademark, copyright, advanced copyright,E.U. intellectual property, and U.S. constitutional law. He is Founder and Director of the Fordham Annual Conference on Intellectual Property Law and Policy, Director of the Fordham IP Institute, and Intellectual Property Editor of the ABA publication Preview. Previously, he worked as an attorney specializing in antitrust litigation and an Assistant U.S. Attorney in the Southern District of New York. He earned an A.B. at Rutgers, a J.D. at Georgetown Law, and an LL.M. at Yale Law.

Sonia Katyal, Professor of Law, specializes in IP; civil rights, including gender and sexuali-ty; and new media. She has won four awards for her scholarly work, and in 2008, she was awarded a grant from the Warhol Foundation for her book, Contrabrand: Art, Advertising and Property in the Age of Corporate Identity. Her new book, Property Outlaws: How Squat-ters, Pirates, and Protesters Improve the Law of Ownership, co-authored with Eduardo M. Penalver, was published by Yale University Press in 2010. A former IP attorney, she earned an A.B. at Brown University and a J.D. at the University of Chicago Law School.

Ron Lazebnik, Clinical Associate Professor of Law, directs the Samuelson-Glushko Intellectual Property and Information Law Clinic. Before joining Fordham Law, he worked in private practice, where he specialized in IP, trade secrets, and general commercial litigations in addition to counseling clients on U.S. and international IP-related issues. He earned a B.S., summa cum laude, and M.S.E. at Case Western Reserve University and a J.D. at Harvard Law, where he served as Research and Technology Director of the Harvard Legal Aid Bureau.

Mark R. Patterson, Professor of Law, specializes in antitrust law and patent law and has also taught seminars on law and scientific research. He writes regularly on the IP–antitrust interface, and his writings on antitrust law have focused primarily on various aspects of the antitrust treatment of informational issues. He has been a Research Fellow at Harvard Law’s Berkman Center for Internet & Society and a Visiting Fellow at the European Uni-versity Institute in Florence, Italy. Prior to practicing law, he worked as a robotics engineer for 10 years. He earned a B.S.E.E. and M.S. at Ohio State and a J.D. at Stanford Law.

Olivier Sylvain, Associate Professor of Law, specializes in public lawmaking processes, communications law and policy, Internet law, administrative law, and social theory. His doctoral studies focused on the intellectual and ideological origins of contemporary communications regulation. Previously, he was a litigation associate specializing in constitutional law and telecommunications-related matters and the Marvin Karpatkin Fellow in the National Legal Office of the American Civil Liberties Union. He earned a B.A. at Williams College, a J.D. at Georgetown Law Center, and a Ph.D. at Columbia University.

P A R T I C I P AT I N G F A C U LT Y

http://law.fordham.edu/faculty/fromer.htmhttp://law.fordham.edu/faculty/1103.htmhttp://law.fordham.edu/faculty/1112.htmhttp://law.fordham.edu/faculty/9843.htmhttp://law.fordham.edu/faculty/1127.htmhttp://law.fordham.edu/faculty/17609.htm


A D J U N C T F A C U L T YNick GoldinThomas HalketMadeleine SchachterJonathan ShapiroAlexander SouthwellMichael SweedlerRaphael Winick

V I S I T I N G F O R E I G N S C H O L A R S

Ursa Chitraker, Fulbright Scholar (Slovenia)Project: Music Licensing and Publishing

Andrej Fatur, Fulbright Scholar/King’s College, London (UK)Project: EC Competition Law and Policy in High-Tech Network Industries

Charlotte Gaist, Université de Paris-Sorbonne (France)Project: Efficacy of U.S. Copyright and French droit d’auteur on the Internet

Geraldine Guiziou, Université de Paris-Sorbonne (France)Project: Regulation of the Liability of Internet Intermediaries in a Comparative Perspective

Juri Monducci, University of Bologna (Italy)Project: IT, Bioethics, and Privacy

Shachar Natif, Oxford University (UK)Project: State Strategies for Electronic Money in the Information Age

Sophie Stalla-Bourdillon, European Univer-sity Institute (Italy)Project: Liability and Regulatory Strategies for Online Intermediaries

Adjunct Professor Thomas Halket (right) of Halket & Weitz LLP at a CLIP event with (from left) Jay Westermeier of Finnegan, Henderson, Farabow, Garrett & Dunner LLP and Ian Ballon of Greenberg Traurig

“As a project fellow, I helped organize a conference attended by privacy officers from several Fortune 500 companies, scholars, and members of the legal community from North America and Europe; attended roundtable discussions; and conducted research for a paper that was recently presented to the House Committee on Education and Labor. These experiences helped me understand the far-reaching ramifications that information technology and privacy concerns have in our ever-connected world and the growing role

CLIP plays in fostering conversations among a variety of sectors.”

—Camilla M. Abder ’08

P A S T S T U D E N T P R O J E C T F E L L O W SCamilla M. Abder ’08Stephen Abeyta ’08

Sergei Aden ’10Diego J. Arredondo ’10

Luke T. Bagley ’09Cedric Burton LL.M. ’07

Lisa C. Cooms ’08Adam S. Gross ’10Ezra W. Kover ’08

Robert A. Galantucci ’08Sharon R. Lopez ’08Lee A. Mayberry ’10

Judith Simms ’10Elizabeth C. Woodard ’09

V I S I T I N G F A C U L T YAbraham BellBrett M. FrischmannWendy J. GordonWillajeanne F. McLean ’86Susan ScafidiKatherine J. Strandburg


2 0 1 0 – 2 0 11 E V E N T SI N C E L E B R A T I O N O F I T S 5 T H A N N I V E R S A R Y,

C L I P W I L L F O C U S O N P U B L I C V A L U E S I N I N F O R M A T I O N L A W .

9.16.10 CLIP Roundtable

9.21.10 Info Law Book Talk Series: Sonia Katyal & Eduardo Peñalver on Property Outlaws

10.8.10 Law & Information Society Invitational Faculty Workshop: Telecommunications Privacy Law in the United States and Germany



12.3.10 Law & Information Society Invitational Faculty Workshop: Intellectual Property Responsibilities


1.28.11 Law & Information Society Invitational Faculty Workshop: The Internet as Design Hierarchy

3.25.11 Fifth Annual Law & Information Society Symposium: Mobile Devices, Location Technologies and Shifting Values

We invite you to join us for these and other CLIP events.

Visit law.fordham.edu/clip for a complete listing of programs.


C E N T E R O N L A W A N D I N F O R M AT I O N P O L I C Y

F O R D H A M L A W S C H O O L

1 4 0 W E S T 6 2 N D S T R E E T , N E W Y O R K N Y 1 0 0 2 3

L A W . F O R D H A M . E D U / C L I P ■ C L I P @ L A W . F O R D H A M . E D U
http://law.fordham.edu/clipmailto:clip%40law.fordham.edu?subject=Inquiry%20about%20CLIP

celebr ating five years of groundbreaking ......fabien gelinas, mcgill university daniel j. gervais,...

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