26th Annual Seminar

MediaLAW

and the What’s Yours is Theirs:

Privacy, Piracy and the Big Data Debate

Friday April 19, 20138:00 a.m.–4:15 p.m.

InterContinental Kansas City at the PlazaKansas City, Missouri

http://law.ku.edu/media-law-seminar

Schedule Includes:u A Marketer Under Every Bed Behavioral Targeting and the First Amendment

u Even Big Brother Is Paranoid The Security and Privacy Paradox

u Who Needs Enemies? Ethical Pitfalls for Lawyers Who “Friend” and Use Social Networks

u Pirates in the Basement Does the DMCA Adequately Deal with Piracy?

u No One’s Dead Forever Technology and the Evolving Right of Publicity

Luncheon Speakeru John Perry Barlow Founding member of the Electronic Frontier Foundation and former lyricist

for the Grateful Dead

Bonus Program on April 18u The New Media Economy Legal and Insurance Perspectives on New Business Models and Evolving

Exposure

Sponsors: The Kansas City Metropolitan Bar Association Media Law Committee and University of Kansas School of Law

Contributors: AXIS PRO; CNA; Larry Worrall; Michelle Worrall Tilton, Media Risk Consultants LLC; Landon Rowland, Lead Bank; Lathrop & Gage; OneBeacon Professional Insurance; Shook, Hardy & Bacon LLP; and the Media, Privacy and Defamation Law Committee of the Tort, Trial and Insurance Practice Section of the ABA

Coordinated by: University of Kansas Continuing Education

Join us Thursday for a free CLE

THE NEW MEDIA ECONOMYLegal and Insurance Perspectives on New Business Models and Evolving Exposure (A Joint ABA TIPS/KCMBA Media Law Committee Presentation)

The KCMBA Media Law Committee and the ABA TIPS Media, Privacy and Defamation Law Committee are teaming up again to present free CLE on Thursday, April 18, from 4–5:30 p.m. Join us for a discussion about new journalism business models, including collaborative reporting and outsourcing of investigative reporting, and the attendant legal and insurance issues that arise.

Moderator: Joe Larsen, Special Counsel, Sedgwick, Houston, Tex.

Eric Brass, Corporate Counsel, WGBH, Boston, Mass.Kevin Davis, CEO, Investigative News Network,

Encino, Calif.Blake Keating, Vice President, Media Claims, OneBeacon Professional Insurance, Raleigh, N.C. Laura Prather, Partner, Haynes & Boone, Austin, Tex.

Luncheon Speaker: JOHN PERRY BARLOWJohn Perry Barlow is an American poet and essayist, retired Wyoming cattle

rancher, and a cyberlibertarian political activist who has been associated with both the Democratic and Republican parties. He is also a former lyricist for the Grateful Dead and a founding member of the Electronic Frontier Foundation. Since May 1998, he has been a Fellow at Harvard University’s Berkman Center for Internet and Society. He has been identified by Time magazine as one of the “School of Rock: 10 Supersmart Musicians.”

CLE Credit. A total of 8.5 CLE credit hours, including one hour of ethics, has been approved by the Kansas CLE Commission, as well as in Missouri, New York and California.The seminar support staff will provide on-site assistance to attendees who plan to apply for CLE credit from other jurisdictions.

Lodging. A block of rooms has been reserved at the InterContinental Kansas City at the Plaza, 401 Ward Parkway, Kansas City, Mo., until 5 p.m., 3/22/2013. After that date, room availability and rate cannot be guaranteed. Make reservations by calling 866-856-9717, or register online at www.kansascityic.com. To receive the special seminar rate of $179, mention that you will be attending the University of Kansas Media and the Law Seminar or use the group code M13 when registering online.

Location & Parking. InterContinental Kansas City at the Plaza, 401 Ward Parkway, Kansas City, MissouriHotel guest valet parking is $18 a day or self-park for $15 a day. Participants commuting to the seminar can park during the day at the InterContinental at no cost.

Visiting Kansas City. Thinking of enjoying the weekend in Kansas City after the seminar? Attractions include the Country Club Plaza across the street from the InterContinental Kansas City at the Plaza. The 15-block district is one of Kansas City’s popular retail, dining and entertainment destinations. Visit www.countryclubplaza.com for more information. www.kansascity.com

PROGRAM OVERVIEW Digital technology increases our freedom to express ourselves but, at the same time, the technology has given government and business unprecedented opportunity to monitor, record and analyze our expressive activities. Technological advances in data mining, computing power, networking and data storage capacity have created a treasure trove of “Big Data.” As the taking of personal information and the use of third-party content has become commonplace on the Internet, the legal and ethical implications have grown in proportion.

This seminar will explore how the Internet’s liberating effects as a medium for First Amendment-protected expression are in conflict with its potential for privacy invasion and chilling of free speech. Program panels will analyze: Who owns personal information and how can it be used? Who is ultimately responsible for maintaining and protecting it? What are the privacy issues and obligations? Is the First Amendment complicit in the erosion of Internet privacy and the inability to protect third-party content, including right of publicity and copyright interests? Should users, including attorneys, modify their online behavior and expectations? Industry experts will discuss these important issues and more at the seminar.

Privacy Policy: KU Continuing Education does not share, sell or rent its mailing lists. You have our assurance that any information you provide will be held in confidence by KU Continuing Education. We occasionally use mailing lists that we have leased. If you receive unwanted communication from KUCE, it is because your name appears on a list we have acquired from another source. In this case, please accept our apologies.

Nondiscrimination Policy: The University of Kansas prohibits discrimination on the basis of race, color, ethnicity, religion, sex, national origin, age, ancestry, disability, status as a

veteran, sexual orientation, marital status, parental status, gender identity, gender expression and genetic information in the University’s programs and activities. The following person has been designated to handle inquiries regarding the non-discrimination policies: Director of the Office of Institutional Opportunity and Access, IOA@ku.edu, 1246 W. Campus Road, Room 153A, Lawrence, KS, 66045, (785)864-6414, 711 TTY.

Program Accessibility: We accommodate persons with disabilities. Please call 785-864-5823 or mark the space on the registration form, and a KU Continuing Education representative will contact

you to discuss your needs. To ensure accommodation, please register at least two weeks before the start of the seminar. The University of Kansas is committed to providing programs and activities to all persons, regardless of race, religion, color, national origin, ancestry, sex, age, disability, and veteran status. In addition, university policies prohibit discrimination on the basis of sexual orientation, marital status, and parental status.

Refund and Cancellation Policy: A full refund of registration fees, less a $50 administrative fee, will be available if requested in writing and received by

April 12, 2013. No refunds will be made after that date. A $30 fee also will be charged for returned checks. (Please note that if you fail to cancel by the deadline and do not attend, you are still responsible for payment.) KU Continuing Education reserves the right to cancel the 26th Annual Media and the Law Seminar and return all fees in the event of insufficient registration. The liability of the University of Kansas is limited to the registration fee. The University of Kansas will not be responsible for any losses incurred by registrants, including but not limited to airline cancellation charges or hotel deposits.

Thursday, April 184–5:30 p.m. BONUS PROGRAM– FREE CLE The New Media Economy Legal and Insurance Perspectives on New Business

Models and Evolving Exposure

Friday, April 197:00 a.m. Registration & Continental Breakfast8:00 a.m. WELCOME Russell Hickey, Chair, Media & the Law Committee,

AXIS PRO, Kansas City, Mo. Seminar Moderator: Mike Kautsch, Professor, Media,

Law & Technology, University of Kansas School of Law, Lawrence, Kan.

8:10 a.m. PANEL 1

A Marketer Under Every Bed Behavioral Targeting and the First Amendment

Moderator: Jeffrey Greenbaum, Partner, Frankfurt Kurnit Klein & Selz, New York, N.Y.

C. Steven Baker, Director, Federal Trade Commission, Chicago, Ill.

Genie Barton, Vice President and Director, Council of Better Business Bureaus, Washington, D.C.

Scott Meyer, Evidon, Inc., CEO, New York, N.Y. Brian Yamada, VML, Executive Director of Channel

Activation, Kansas City, Mo. 9:10 a.m.: Q & A

9:25 a.m. PANEL 2

Even Big Brother is Paranoid The Security and Privacy Paradox

Moderator: Nancy Libin, Partner, Wilkinson Barker Knauer, LLP, Washington, D.C.

Branden Bell, Partner, Sandage Bell, Kansas City, Mo. Caleb Stegall, Chief Counsel for Kansas Governor Sam

Brownback, Topeka, Kan. 10:25 a.m.: Q & A

10:35 a.m. Break

10:50 a.m. PANEL 3

Who Needs Enemies? Ethical Pitfalls for Lawyers Who “Friend” and Use Social Networks

Moderator: Theodore D. Frank, Chair, District of Columbia Board of Professional Responsibility, and Retired Partner, Arnold & Porter, Washington, D.C.

Hon. Steve Leben, Kansas Court of Appeals, Topeka, Kan.

Dan Nelson, Assistant U.S. Attorney, Kansas City, Mo. Advocates: Jim Holmes, Partner, Sedgwick, Los Angeles,

Calif., and Leita Walker, Associate, Faegre Baker Daniels, Minneapolis, Minn.

11:50 a.m.: Q & A

AGENDA

4:30 p.m Cocktails & Hors d’Oeuvres Reception

InterContinental Rooftop Lounge Sponsored by

AXIS PRO CNA Larry Worrall Michelle Worrall Tilton, Media Risk Consultants LLC, and OneBeacon Professional Insurance

http://law.ku.edu/media-law-seminar

Noon LUNCHEON ADDRESS John Perry Barlow, founding member of the

Electronic Frontier Foundation

1:30 p.m. PANEL 4

Pirates in the Basement Does the DMCA Adequately Deal with Piracy?

Moderator: Chuck Tobin, Partner, Holland & Knight, Washington, D.C.

Chris Bavitz, Assistant Director, Cyberlaw Clinic, Berkman Center for Internet & Society, Cambridge, Mass.

J. Caleb Donaldson, Associate Copyright Counsel, Google, Mountain View, Calif.

Mitch Stoltz, Staff Attorney, Electric Frontier Foundation, San Francisco, Calif.

2:30 p.m.: Q & A

2:40 p.m. Break

3:00 p.m. PANEL 5

No One’s Dead Forever Technology and the Evolving Right of Publicity

Moderator: Lee Levine, Partner, Levine Sullivan Koch & Schulz, Washington, D.C.

Doug Mirell, Partner, Harder Mirell & Abrams LLP, Los Angeles, Calif.

Kelli Sager, Partner, Davis Wright Tremaine, Los Angeles, Calif.

Paul Smith, Partner, Jenner & Block, Washington, D.C.

4:00 p.m.: Q & A

4:10 p.m. Adjourn

The University of KansasContinuing Education1515 Saint Andrews DriveLawrence, KS 66047-1619

REGISTER NOW!“Media and the Law has always been timely, interesting and packed full of relevant information and this year’s program was no exception. No wonder so many people travel to Kansas City for this annual event. Well done! See you next year!”

— Melanie McMullen, Chicago, Ill.

Fees include panel instruction, materials, luncheon and refreshmentsApril 18—Pre-Conference CLE “The New Media Economy” ...................................................................................................... No charge

April 19 KCMBA lawyer .....................................................................................................................................$325 Non-KCMBA lawyer registered by March 22, 2013 ....................................................................... $350 Non-KCMBA lawyer registered after March 22, 2013 ................................................................... $400 Journalist/media ...................................................................................................................................$60 Educator ................................................................................................................................................$60 Member of the public .........................................................................................................................$110 Full-time student ...................................................................................................................................$55 Thursday Pre-Conference without seminar ............................................................................ No charge Thursday Pre-Conference CLE with seminar registration ..................................................... No charge Luncheon only (available after March 22; preference will be given to seminar registrants) ...........$50 Seminar notebook ...............................................................................................................................$25

Vegetarian lunch

Total due $ _________

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Special AccommodationIf you will need special accommodation, please mark the box above, and a member of the Continuing Education staff will contact you. AA136001/JCN130747

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MEDIA and the LAW 2013 April 19, 2013

In an effort to go green, we are posting this year’s seminar materials online about a week before the seminar begins. If you wish to purchase a hard copy of the notebook, the cost is $25.

26th Annual Seminar

MediaLAW

and the What’s Yours is Theirs: Privacy, Piracy and the Big Data DebateFriday April 19, 2013 • InterContinental Kansas City at the Plaza, Kansas City, Mo.

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http://law.ku.edu/media-law-seminar