Schedule 2015

The information below is an archive from our 2015 event. The 2016 Forum will be held October 24-26, 2016 in Washington, DC.

Pre-Conference Workshops

Wednesday, October 21, 2015

Participants choose one concurrent session during each time slot.

8:00am – 9:00am Breakfast and Introductory Remarks
9:00am – 10:30am Concurrent Workshop 1 (Part 1 of 2)
10:30am – 11:00am Break
11:00am – 12:30pm Concurrent Workshop 1 (Part 2 of 2)
12:30pm – 1:30pm Lunch
1:30pm – 3:00pm Concurrent Workshop 2 (Part 1 of 2)
3:00pm – 3:30pm Break
3:30pm – 5:00pm Concurrent Workshop 2 (Part 2 of 2)

Day 1

Thursday, October 22, 2015

8:00am – 9:00am Breakfast and Introductory Remarks
9:00am – 10:30am Concurrent Session 1
10:30am – 11:00am Break
11:00am – 12:30pm Concurrent Session 2
12:30pm – 1:30pm Lunch
1:30pm – 3:00pm Concurrent Session 3
3:00pm – 3:30pm Break
3:30pm – 5:00pm Concurrent Session 4

Day 2

Friday, October 23, 2015

8:00am – 9:00am Breakfast and Introductory Remarks
9:00am – 10:30am Concurrent Session 5
10:30am – 11:00am Break
11:00am – 12:30pm Concurrent Session 6
12:30pm – 1:30pm Lunch
1:30pm – 3:00pm Concurrent Session 7
3:00pm – 3:30pm Break
3:30pm – 5:00pm Concurrent Session 8

General Readings

Brochure

Conference guide listing sessions and session descriptions.

Workshops

Workshops provide a broad overview or a more intensive background on a topic. Workshops are 3 hours long, with a 30-minute break.

Instructional Sessions

These sessions instruct participants about particular areas of law or technology. Instructors will provide practical takeaways.

Policy Sessions

These sessions involve policy discussions about how privacy and security should be regulated.

Culture & Media Sessions

These sessions involve experts providing information about interesting resources and sharing their insights and perspectives.

Level 1

This level is for foundational knowledge about a topic.  However, sessions at the 101-level are not simplistic, as our goal is to have all sessions be substantive and rigorous.

Level 2

This is the intermediate level. Foundational knowledge is presumed and is not covered. The focus of Level 201 sessions is to go more into depth about a topic.

Level 3

This level is for advanced exploration of issues. A deep knowledge is presumed.

Workshops

California Privacy Law

In our California Privacy Law workshop, we will cover case studies and concrete compliance tasks and enforcement scenarios under California privacy laws, including (1) a jurisdictional overview (national and international applicability and preemption), (2) a selection of key California Privacy Laws, (3) how to establish or update a company’s compliance program, (4) how to draft a Privacy Policy to comply with California law, (5) what other compliance documentation is needed or recommended, (6) enforcement, and (7) risk mitigation steps for companies within and outside California.

Lothar Determann, Partner, Baker & McKenzie

Room 308

Data Security Law: Foundations

An overview of data security law – from HIPAA to GLBA to the FTC to Massachusetts to data breach notification. Learn about the different approaches that laws and regulations take to data security and the similarities and differences in each approach.

Lisa Sotto, Partner, Hunton & Williams LLP,
Daniel Solove, Professor at George Washington University Law School and President/CEO of TeachPrivacy
David A. Stampley, Partner, KamberLaw
Susan Shook, Associate General Counsel, Procter & Gamble

Room 309

Data Security: Foundations

This workshop could also be titled: “Everything Privacy Professionals Should Know About Security But Were Afraid to Ask.”  It will cover common terms, various security standards, and key things that privacy professionals should know about technology.

David Rusting, CISO at U.C. Office of the President
Ronise Zenon, Mgr, Postmaster & IT Policy at U.C. San Diego

Room 301

EU Privacy Law: Foundations

This workshop will provide an overview of EU privacy law, with a focus on the EU Data Protection Directive, US-EU Safe Harbor, BCRs, and the implications of the coming EU Privacy Legislation.  For privacy professionals, this workshop will provide the foundation to understand what is going on in the EU.  For security professionals, this workshop can be useful if they work at a global organization and want background on the EU.

Paul Schwartz, Professor at UC Berkeley School of Law
John Bowman, Senior Principal, Promontory
Dennis Hirsch, Professor, Capital University Law School

Room 307

Information Privacy Law: Foundations

This workshop will provide a short overview of information privacy law, demonstrating how various areas such as health privacy, consumer privacy, communications privacy, financial privacy, and data security are related.  For privacy professionals, this is a great way to understand the whole field and fill gaps in your knowledge.  For security professionals, this is a great introduction to information privacy law.

Daniel Solove, Professor at George Washington University Law School and President/CEO of TeachPrivacy
Randy Sabett, Special Counsel at Cooley, LLP

Room 307

PCI: The Essentials and Handling Data Breaches Involving Credit Card Data

This workshop will explore what you need to know about complying with the Payment Card Industry Data Security Standard (PCI) and how to handle data breaches involving credit card data.  During this workshop we will discuss: (1) how to apply PCI and integrate compliance into an overall privacy and data security program;  (2) how to minimize the scope of PCI through systems architecture and business process changes; (3) the unique aspects of handling data breaches involving credit card data. We will use real life case studies to demonstrate effective (and not so effective) breach response and negotiating fines and penalties with your card processor. We will share observations and lessons learned that no one in the credit card processing ecosystem will tell you.

Donna Fickett, Managing Director, Navigate LLC
Chris Zoladz, Founder, Navigate LLC

Room 301

Sessions

General Privacy and Security

Are Good Security Measures Always Good for Privacy? A Discussion of NIST Frameworks

While implementing security measures is important for privacy, they can also create risks which can undermine individuals’ privacy. Panelists will discuss the Framework for Improving Critical Infrastructure Cybersecurity and how it balances the potential conflict. Session attendees will also hear about the latest NIST privacy risk management tools that can be used in concert with cybersecurity risk management processes.

Adam Sedgewick, Senior Information Technology Policy Advisor at NIST
Naomi Lefkovitz, Senior Privacy Policy Advisor at NIST
Jeff Brueggeman, VP Global Public Policy & Deputy CPO at AT&T

Room 309

Breaking Glass Ceilings: Executive Women in Privacy and Security

In this panel, seasoned CPOs and CISOs will share their experiences as women in the privacy, security, technology, and legal fields. Which field was easiest and hardest for them to enter? How was it different 15, 10, 5 years ago compared to how it is today? What were their most difficult challenges as women in these fields? How did they handle those challenges? Is privacy really an equal playing for women? If so, why do they think this is the case? What do they wish they did differently in their careers? What have they had to do differently today to keep up with the evolving intersection of privacy, security, law, and technology? Where do they see this field going and do they see a place for women there?

Sharon Anolik, Founder and President, Privacy Panacea
Debbie Bromson, Head of Global Privacy and Senior Compliance Counsel, Jazz Pharmaceuticals
Ruby Zefo, VP & Chief Privacy & Security Counsel, Intel
K Royal, VP, AGC Privacy & Compliance at CellTrust Corporation
Lourdes TurrechaConsultant on Law and Policy to TeachPrivacy

Room 403

Congruence and Tension: Where Privacy and Security Align and Where They Don’t

A session that will map out where privacy can help further security goals and vice versa. The session will proceed systematically, issue-by-issue.

Dennis Devlin, CISO, CPO and SVP of Privacy Practice for SAVANTURE
Stacey Halota, Vice President, Information Security and Privacy, Graham Holdings

Room 405

Do CPOs Need to Learn How to Code? The Skills Needed to Bridge the Law/Technology Divide

In this session, a law professor who previously worked as a computer programmer and the chief technologist of a consumer privacy organization will discuss what privacy professionals would benefit from knowing about technology.

Paul Ohm, Professor at Georgetown University Law Center
Joseph Lorenzo Hall, Chief Technologist, Center for Democracy & Technology

Room 302

From the Economics to the Behavioral Economics of Privacy

In this session, Professor Acquisti will discuss his extensive empirical research in the behavioral economics of privacy and security. He will synthesize his wide body of work and highlight his most surprising and important findings, which reveal that many of our common assumptions about people’s attitudes and behavior regarding privacy and security are wrong — and these assumptions undergird many common practices and policies. Acquisti will explore the implications of his work and provide concrete and practical takeaways.

Alessandro Acquisti, Professor of Economics at Carnegie Mellon University

Room 302

Future Trends in Privacy and Security

Our invited experts will bring along their crystal balls and peer into the future.  What will be the top five privacy and security trends of the near future?  What steps should organizations take now to prepare themselves?

Mike Hintze, Chief Privacy Counsel, Microsoft
Lance Cottrell, Chief Scientist, Ntrepid Corporation
Kirk Nahra, Partner, Wiley Rein LLP

Room 308

Getting to Accountability: Effective Privacy and Security Management

This session provides you with the knowledge, resources and a plan to maximize the level of accountability. Accountability is the most important component of effective privacy and security management, yet it is often insufficiently developed in many programs. We will discuss privacy and security management activities throughout the organization not typically considered as part of a privacy program. What resources throughout your organization can you leverage for a privacy and security management program? How do you create a pragmatic plan to maximize the level of accountability?

Constantine Karbaliotis, Vice President, Privacy Office Solutions, NYMITY
Antonis Patrikios, Partner at Field Fisher

Room 308

Legislating Privacy and Security: Lessons from the Legislative Process

This session will discuss lessons learned from inside and outside the legislative process. Why have many recent privacy and security laws failed to pass? What are the characteristics of successful privacy and security legislation? How can industry and legislators work together to find workable solutions? Is it conceivable for the US to break away from a sectoral approach and pass omnibus privacy legislation? What can privacy and security professionals learn about the legislative process that can make them more effective in their roles?

Heather West, Senior Policy Manager, Americas Principal, Mozilla
Harley Geiger, Senior Counsel & Advocacy Director, Center for Democracy & Technology
Slade Bond, Democratic Counsel, House Judiciary Committee
Lara Flint, Chief Counsel for National Security at U.S. Senate Judiciary Committee

Room 307

Privacy and Data Security Harms and Standing

This session will discuss the various approaches for defining privacy harms and how courts are reacting to them. The issue of standing will be covered extensively. What is the future of privacy and data security litigation for incidents?   Is there a way to recognize harm, provide appropriate remedies to individuals who are harmed significantly, and avoid out-of-control costs?

Daniel Solove, Professor at George Washington University Law School and President/CEO of TeachPrivacy
Danielle Citron, Professor at University of Maryland Law School
Aaron Burstein, Attorney Advisor to FTC Commissioner Julie Brill

Grand Ballroom

Privacy and Security at the Board Level: How to Interact with the Board of Directors

A company’s board of directors has a unique and vital role to play in security and privacy.  These issues will need to be on the board’s agenda on a recurring basis.  Boards operate in ways that may be foreign to the CISO or CPO who is asked for the first time to present at the board level.  This session will focus on the essential elements of the Board’s responsibilities for cybersecurity and data privacy. What keeps board members up at night? What do they expect from CISOs and CPOs?  What is the most effective way to communicate with the board about privacy and security issues?

Harriet Pearson, Partner at Hogan Lovells and Former CPO and Cybersecurity Counsel at IBM Corp
Jane Storero, Vice President, Corporate Governance, Corporate Secretary and Deputy General Counsel, Pepco Holdings, Inc.
Fran Maier, Founder, TRUSTe and Board Member, GE Capital Bank
Jenny Menna, Cybersecurity Partnership Executive, US Bank

Room 307

Privacy and Security in the Public vs. Private Sector: A Comparison

In this session, privacy officers with experience in both government privacy programs and corporate privacy programs will compare and contrast their experiences.  What are the similarities and differences?  What can each sector learn from the other?

Peter E. Sand, Executive Director of Privacy, MGM Resorts Int’l
John Kropf, Corporate Privacy Executive, Northrop Grumman Corp.
Yael Weinman, VP, Assistant General Counsel – Privacy, Verizon
D. Reed Freeman, Partner, WilmerHale

Room 403

Switch Hitters: Learning from Professionals Who Do Both Privacy and Security

In this session, professionals who serve in roles in both privacy and security or who have served in each of these roles in prior positions, will discuss what they have learned from their experiences.
Al Raymond, Head of U.S. Privacy & Social Media Compliance, TD Bank
Ruby Zefo, VP & Chief Privacy & Security Counsel, Intel
David Cass, VP & CISO, Cloud and SaaS Operational Services, IBM

Room 403

When Lawyers Talk With Engineers: Avoiding the Lost In Translation Problem

In this session, a software engineering professor and a law professor will demonstrate how engineers and lawyers can better communicate. Why does communication between lawyers and engineers often break down? Where is each side coming from? How does each side think? Through concrete exercises, this session will teach participants how to build a multi-disciplinary team and improve communication and understanding.

Aaron Massey, Professor of Software Engineering at University Maryland Baltimore County
Peter Swire, Professor at Scheller College of Business Georgia Institute of Technology
Justin Hemmings, Research Associate at the Georgia Tech Scheller College of Business

Room 308

Security

Authentication and Control Frameworks: Operationalizing a Safeguard

Authentication is one of the bedrocks of a secure environment. It is also explicitly required by nearly every standard, framework and regulation dealing with protecting data. But while authentication may appear to be a discreet control mechanism, it is most successfully deployed as part of a control framework. Without focusing on one particular standard, the speakers in this session will take a close look at how “proving you are who you say you are” sits in those overall frameworks.

David Sheidlower, Global Head of Information Security (CISO), BBDO
Stuart Shapiro, Principal Information Privacy and Security Engineer, MITRE Corporation
Ian Glazer, IDESG Management Council Vice Chair and At Large Delegate; Senior Director for Identity, Salesforce

Room 402-404

Cybersecurity Policy: The Role of the Government

Cybersecurity is a shared challenge between the private sector and government — neither community has all the tools, but both bring necessary resources. What is the government’s role? What information or resources does it provide that the private sector can’t access? What risks does government engagement bring? What should the government do to protect private networks?

Paul Rosenzweig, Senior Advisor, The Chertoff Group, Principal, Red Branch Consulting
Edward McNicholas, Partner, Sidley & Austin

Room 405

Human Security Risks: How to Detect and Deal with Malicious Insiders, Chinese Espionage, and Other Threats

Trusted Insiders can pose a significant threat to the intellectual property of an organization. Security professionals must not only look outward when securing a system, they must become spy hunters, looking for internal exploits and penetrations that may not be easy to detect. This session will be led by Eric O’Neill, the former FBI Counterintelligence Operative who helped capture spy Robert Phillip Hanssen. O’Neill’s story is depicted in the movie Breach, starring Ryan Philippe as O’Neill. The session includes an analysis of the Chinese intelligence collection goals and other recent internal penetrations. It sets out key ways that an organization can address the insider threat.

Eric O’Neill, Former FBI Operative and Founding Partner, The Georgetown Group

Grand Ballroom

What We Can Learn from DefCon – Hacking Comes in All Varieties

DEF CON is one of the oldest and largest hacker conventions around, and this year had demos and presentations of hacking into a new Tesla and stopping it while running; hacking cell phones through vulnerable apps and reaching employer networks; cracking access codes to medical devices which can then compromise hospital systems; and accessing GPS coordinates with the possibility of diverting drones while in flight. This session will explore how hackers and forensic hacking research at DefCon can teach privacy and security professionals what threats are coming next and how better to address next generation compromises.

Mark E. Schreiber, Privacy and Cyber Security Group, Locke Lord
Scott Erven, Associate Director at Protiviti
Nico Sell, Founder of Wickr

Room 309

Privacy and Security Engineering and Design

Engineering for Privacy: What Is Easy? What Is Difficult?

Privacy lawyers will ask engineers for seemingly easy things to do, such as “Please delete the data!” or “Let’s access the audit logs.”  For engineers, such requests are often made without an understanding of how easy or difficult certain things are to do.  In this session, engineers explain why some things are easy and other things are hard.  This session will provide practical examples of how lawyers and privacy professionals can rethink their requests to get the desired outcome without major technical headaches.

John Grant, Civil Liberties Engineer, Palantir,
Daniel Weitzner, Director, MIT Decentralized Information Group

Room 308

Privacy and Security by Design

Despite the enthusiasm of privacy regulators, privacy by design (PbD) has only achieved mixed acceptance in the marketplace. This session will analyze the activities of industry leaders, who rely on engineering approaches and related tools to implement privacy principles throughout the product development and the data management lifecycles. It will explore how companies can develop best practices in PbD and how this approach can assist in the dialogue with regulators. This session will also introduce the concept of security by design, explore how it may convey different meanings to technologists, to privacy advocates, and to governments, and discuss the legal underpinnings of security by design. The session will conclude by comparing the competing visions of privacy by design and security by design and the challenges that these competing visions pose for industry, government, and civil society.

Ira Rubinstein, Research Fellow, Adjunct Professor of Law at New York University School of Law
Ronald Lee, Partner at Arnold & Porter

Room 307

Privacy Engineering

This session will explore privacy engineering, exploring in detail how to build privacy and security into products, processes, applications, and systems.  How can principles and standards be practically leveraged to create a common methodology to address privacy and security challenges?  This session is designed for both technologists as well as non-technologists.  Participants should have a good foundation in privacy and have some basic security knowledge, but the session will be accessible to professionals in both privacy and security.

Michelle Dennedy, VP and Chief Privacy Officer at Cisco
Thomas Finneran, Principal Consultant for the IDennedy Project
Jonathan Fox, Director of Data Privacy, McAfee
Stuart Tyler, Senior Privacy Engineer at Intel

Room 307

Privacy Impact Assessment Scenario Exercise

The privacy impact assessment is the heart of the privacy professional’s job.  Conducting a PIA well is critical in managing privacy risks and ensuring successful outcomes.  In this audience participatory session, you will be given an initial set of facts and help guide an interview of an engineer.  Through the exercise, you will learn how to build positive working relationships, elicit key information, and develop solutions that satisfy the business, engineering, and legal teams.

Scott Goss, Senior Privacy Counsel, Qualcomm
Kam Golpariani, CIPT, Qualcomm

Room 307

Privacy, Security, and Fairness by Design: What the FTC Does (and Doesn’t Do)

Important privacy and security considerations are implicated in the design of various products and services.  How do regulators approach such issues?  In this session, FTC Commissioner Julie Brill and privacy attorney Kurt Wimmer will explore how the FTC has dealt with these issues by discussing the relevant FTC cases and writings.

Maneesha Mithal, Bureau of Consumer Protection, FTC
Kurt Wimmer, Partner, Covington

Grand Ballroom

Communications Privacy and Security

Communications Privacy and Security and FCC Enforcement

This session will involve a detailed discussion about FCC privacy and security enforcement and the current goals and direction of the FCC on these issues.

Travis LeBlanc, Chief of the Bureau of Enforcement at the Federal Communications Commission
Sherrese Smith, Partner, Paul Hastings LLC
Christopher Yoo, Professor at University of Pennsylvania Law School

Room 405

Education Privacy and Security

Student and Children’s Data: FERPA, COPPA, and Beyond

This session will help organizations that handle student data and children’s data identify priority areas for compliance, with a focus on new technologies in schools and advertising and marketing practices for children’s data in general. We will discuss updates to the FTC COPPA rule FAQs, FERPA, new state laws, new self-regulatory measures, and efforts to pass a national student privacy law.

Jules Polonetsky, Executive Director, Future of Privacy Forum
Katie Ratte, Assistant General Counsel, Privacy and Global Public Policy, The Walt Disney Company
Joel Reidenberg, Professor, Fordham Law School

Room 301

Health Privacy and Security

Current and Future HHS Initiatives in Health Privacy

This session will focus on current and future initiatives at HHS: access guidance, the new portal, the upcoming audit, and cloud guidance.

Deven McGraw, Deputy Director for Health Information Privacy at HHS Office for Civil Rights
Adam Greene, Partner, Davis Wright Tremaine LLP
Kim GreenChief Information Security & Privacy Officer at Zephyr Health

Room 407

Health Data Breaches and OCR Investigations

This session will explore complex data breaches involving PHI and the OCR investigations and negotiations that take place in the aftermath. How do breaches involving PHI differ from breaches involving other data? How should OCR investigations be navigated? How should the negotiations be handled? What role should privacy officers and security officers play in the process and how should they work together?

Jennifer Archie, Partner, Latham & Watkins
Tim WestChief Risk Officer, Atredis Partners
Paul Luehr, Managing Director, Stroz Friedberg

Room 403

New Health Information Technologies: Privacy and Security Risks

Medical information technology is rapidly evolving, including through innovative medical mobile applications, electronic health records, patient/physician online portals, and a variety of health monitoring devices.  The emerging technologies offer great promise for preventive health care, medical treatment, data analytics, and research.  But collecting, storing, and sharing personal health data through such technologies poses new privacy and security risks, and government, industry, and data protection experts are only beginning to appreciate, analyze and tackle these risks.  This session will explore the range of risks involved and potential means of containing them through a discussion of various technologies, data use and sharing objectives and methodologies, and options for data protection solutions.

Nancy Perkins, Counsel, Arnold & Porter
Lucia Savage, Chief Privacy Officer, ONC at HHS
Ivelisse Clausell, Senior Compliance Counsel/Privacy Officer Otsuka Pharmaceutical Development & Commercialization, Inc.
Hilary Wandall, AVP, Compliance & Global Privacy at Merck

Room 407

The FTC and Cross-Sector Enforcement in Health, Education, and Other Domains

The U.S. has a sectoral approach to privacy and security, with specific laws governing each sector.  However, the FTC has jurisdiction that reaches beyond any one sector.  This session will explore how the FTC regulates across sectors, with a special focus on its role with health data and education data.

Maneesha Mithal, Bureau of Consumer Protection, Federal Trade Commission
Jennifer Geetter, Partner, McDermott Will & Emery
Heidi Wachs, Special Counsel at Jenner & Block

Room 407

The Future of Research: What HIPAA Changes is Congress Proposing? What Should Be Changed?

HIPAA and Research – it’s like the weather; everyone complains about it, but no one does anything about it. Well, now Congress is proposing to do something. The bipartisan 21st Century Cures Act passed by the House contains provisions targeted at easing specific barriers to research. Are these the right fixes? In a complex, rapidly changing scientific environment that includes innovations from “n of 1” to “n of millions” trials, what changes in the regulatory environment make the most sense? This session will not only bring you up to date, but will also solicit your ideas about wise legislative changes.

Ann Waldo, Principal, Waldo Law Offices
Doug Peddicord, President, Washington Health Strategies Group
Daniel Barth-Jones, Professor, Columbia University, Mailman School of Public Health
Sarah Kitchell, Attorney, McDermott Will & Emery
Jennifer Geetter, Partner, McDermott Will & Emery

Room 301

The World Beyond HIPAA

More and more laws around the world are being amended and interpreted to regulate the collection, use, disclosure and disposal of health-related data, and the definition of what qualifies as health-related data can vary greatly. It is common to think of HIPAA first and foremost when thinking of health-related data, but HIPAA is only part of the equation. A number of other federal and state laws come into play, and data protection authorities around the globe are increasingly focused about this issue, including the FTC. Other areas of laws also interact with HIPAA, such as the common law, under which people have successfully sued in tort law for HIPAA violations. This session will explore the world of health data regulation beyond HIPAA.

Daniel J. Solove, Professor at George Washington University Law School and President/CEO of TeachPrivacy
Heather Egan Sussman, Partner, Ropes & Gray
Rebecca Shore-Suslowitz, Associate Counsel, Senior Manager, Global Privacy, Under Armour
Kate Black, Chief Privacy Officer and Corporate Counsel at 23andMe

Room 307

Surveillance

Data and Goliath: A Conversation with Bruce Schneier on Surveillance

This session will involve a conversation between Becky Richards, Peter Swire, and Bruce Schneier about Schneier’s new book Data and Goliath on corporate and government surveillance. Then the audience will have a chance to engage in Q&A with Schneier and the speakers. A major topic of discussion will be NSA surveillance.

Bruce Schneier, Fellow at the Berkman Center for Internet and Society at Harvard Law School, CTO of Resilient Systems, Inc.
Becky Richards, Chief Privacy Officer, NSA
Peter Swire, Professor, Scheller College of Business Georgia Institute of Technology

Grand Ballroom

Federal and State Electronic Surveillance Laws and Their Impact on Organizations

This session will explore how ECPA and state electronic surveillance laws like CalECPA impact businesses and other organizations. To what extent does federal law (ECPA and others) preempt more protective state laws and when must companies comply with state laws? How do the constitutional cases interact with the statutory rules in this area? State electronic surveillance law affects a wide array of organizations and plays a more significant role than what many realize. The session will also discuss reform efforts underway regarding these laws and the implications of reform for businesses and other organizations.

Susan Freiwald, Professor, USF School of Law
Michael Sussmann, Partner, Perkins Coie

Room 302

The Electronic Communications Privacy Act and Access to User Data: Advanced Issues

This session will focus on how the Electronic Communications Privacy Act (ECPA) applies to various ways in which the government and third parties have sought access to user data in new ways not envisioned by Congress when the law was passed in 1986. How does ECPA govern third-party access to user accounts after the user has died? Access by government regulators in non-criminal cases? When can providers access their own users’ email content for advertising and other purposes? When can data be disclosed in response to the pressure of foreign governments to turn over user data? In what ways does implicit user consent based on disclosures in the Terms of Service impact these issues?

Marc Zwillinger, Founder, ZwillGen
Chris Madsen, Senior Legal Director, U.S. Law Enforcement & Security, Yahoo
Elizabeth Banker, Head Legal Counsel, Global Law Enforcement, Twitter
Nathan Judish, Senior Counsel, Computer Crime and Intellectual Property Section, U.S. DOJ

Room 308

The Impact of Government Surveillance Law on Business

This session will focus on how government surveillance law is affecting businesses. Recently, in the Schrems case, the Safe Harbor Arrangement was deemed invalid because of the failure of U.S. law to reign in NSA surveillance. ECPA is in dire need of reform, a cause championed by many businesses. Microsoft is fighting government information gathering efforts for data maintained in Ireland. Government surveillance law is creating great difficulties for businesses – what can businesses do in response?

Nuala O’Connor, President & CEO, Center for Democracy & Technology
Gerry Stegmaier, Partner at Goodwin Procter
Frank TorresSenior Policy Counsel, Microsoft

Room 405

International Privacy and Security

Defining “Reasonable Data Security” and “Personal Data” Across Borders

How does one achieve “reasonable data privacy and security” when handling big data?  Jurisdictions around the world differ in their definitions for “personal data” and what is considered “reasonable” when it comes to data usage and protection.  What is the best way to secure big data in a way that satisfies the relevant standard, but also does not incur undue cost or impediments to innovation? Since the capture of “personal data” usually triggers enhanced security measures, transparency to data flows and categorizing data are the first steps in implementing an effective data governance plan. However, these definitions can differ depending on jurisdiction and the data’s processing stage within its lifecycle. For example, German law provides for “pseudonymous data” which may allow pseudonymous device identifiers to escape “personal data” categorization. All of these variables will impact your compliance obligations and your company’s competitive edge.

Saira Nayak, CPO, Tune
Jim Adler, VP & CPO, Metanautix
Heather Wade, Software Development Manager, TuneSoftware Development Manager, Tune

Room 308

EU Data Protection Regulation: What Will Change? What Remains the Same?

The EU Data Protection Regulation is a game-changer. It will be directly binding once enacted and appears headed to make important changes to the substantive and procedural law of EU privacy. This up-to-date session will explore how the EU Data Protection will alter the current status quo and identify practical steps companies can take now for compliance success under the new EU status quo for privacy.

Paul Schwartz, Professor at UC Berkeley School of Law
Shaundra Watson, Senior Advisor to Chairwoman Edith Ramirez, FTC
Andrea Glorioso, Counsellor for the Digital Economy, Delegation of the EU to the US

Room 307

Interoperability and Cross-Border Data Transfer:  APEC, EU BCRs, and Beyond

The publication of the EU-APEC Referential document in 2014 marked a significant step towards greater global interoperability of international data transfer frameworks and opened up the possibility of achieving dual certification under both APEC Cross Border Privacy Rules and EU Binding Corporate Rules.

But how do you know if this is the right route for your business? This session will offer a deep-dive into the requirements of both data transfer frameworks and insights for companies considering going down this path as to exactly what the process involves and the potential benefits of incorporating dual certification into your data governance strategy.

Chris Babel, CEO, TRUSTe
Jan Dhont, Partner, Alston & Bird
Josh Harris, Director of Policy, TRUSTe

Room 402-404

The Sunken Safe Harbor: The ECJ’s Decision and Beyond

What has changed for American companies after the ECJ’s dramatic decision on October 6, 2015 invalidating the Safe Harbor?  This panel will discuss the meaning of this decision, steps for American companies to take now, and likely future developments ahead in European data protection.

Lothar Determann, Partner, Baker & McKenzie LLP
Andrea Glorioso, Counsellor for the Digital Economy, Delegation of the EU to the US
Donna Wilson, Partner, Manatt

Room 309

Consumer Privacy and Security

Designing User Interfaces

Designing User Interfaces for Privacy
In this interactive workshop, we’ll explore how to design user interfaces with privacy in mind. Participants will work through a scenario to design a real-life product experience that educates people on privacy and controls and provides important privacy information in context.

Rob Sherman, Deputy Chief Privacy Officer, Facebook
Morgan Reed, Executive Director, ACT, The App Association
Laura VanDruff, Division of Privacy and Identity Protection, FTC

Room 302

FTC Privacy and Security Alumni: Reflections and Insights

A group of privacy and security professionals who used to work at the FTC on privacy and security issues will discuss their experiences at the FTC and the insights they learned about the agency and more generally.

Joel Winston, Partner, Hudson Cook LLP
Lydia Parnes, Partner, Wilson Sonsini Goodrich & Rosati
Debbie Matties, Vice President, Privacy – CTIA
Janis Kestenbaum, Partner, Perkins Coie
Robert Mahini, Senior Policy Counsel, Google

Room 403

Privacy and Security Self-Regulation 2.0

There have been self-regulatory endeavors since the early days of privacy and security, but these days there are significant new challenges. How should self-regulation be kept up to date with rapidly advancing industries? How should self-regulation encourage best practices, privacy by design, and the interplay between emerging technologies and interconnected industries, especially those involving the Internet of Things?

Leigh Freund, President & CEO, Network Advertising Initiative (NAI)
Dona Fraser, VP Privacy Certified, Entertainment Software Rating Board (ESRB)
Stuart Ingis, Partner at Venable

Room 307

Privacy and Trust

Privacy rules are important not just for compliance with legal requirements, but also in establishing trust between companies and those people whose data they hold. In this session, a law professor (Richards), a tech company in-house counsel (Brown), and a cloud executive (King) will talk about privacy and trust, and how privacy rules can be used to create value between entities and users, establishing sustainable information relationships in the digital age.

Neil Richards, Professor, Washington University School of Law
Emily SchlesingerPrivacy Attorney, Microsoft
Jonathan King, VP, Platform Strategy & Business Development at CenturyLink

Room 402-404

Tracking and Targeting: Online, on Mobile Devices, and in Social Media

This session will focus on legal and self-regulatory compliance challenges faced by companies whose

business models focus on tracking and targeting advertisements and content to consumers. It will explore different tracking and targeting business models and the thorny legal issues that they sometimes raise.

D. Reed Freeman, Partner, WilmerHale
Heather Zachary, Partner, WilmerHale
Brad Weltman, Senior Director of Public Policy, Interactive Advertising Bureau
Alexis Goltra, Chief Privacy Officer & Assistant General Counsel, Oracle Corporation

Room 407

Understanding the FTC: Lessons from FTC Investigations and Other Experiences

What should one do when the FTC knocks on the door? What works best when dealing with an FTC investigation?   In this session, we will learn how to understand the FTC and how it operates.   We will work through a concrete example of how to interact with the FTC.

Jamie Hine, Bureau of Consumer Protection, FTC
James Koenig, Privacy, Cyber & Data Management Practice, Paul Hastings
Michael Lamb, Chief Counsel, Privacy and Information Governance, Reed Elsevier
Michelle Rosenthal, Senior Corporate Counsel, T-Mobile
Timothy Tobin, Partner at Hogan Lovells

Grand Ballroom

Understanding the Internet’s Hidden Digital Architecture

As digital marketing has grown–with over $40 Billion annually spent in the US–the invisible plumbing has grown increasing complex.  This session will break down this architecture into an easy to understand overview and will also discuss how it will change in the coming years, and what opportunities and risks that evolution entails.

Todd Ruback, Chief Privacy Officer, Ghostery
Rachel Glasser, Partner; Director Digital Privacy and Partner Activation, GroupM
Denelle Dixon-Thayer, Senior Vice President, Business and Legal Affairs, Mozilla Corporation

Room 403

The Internet of Things

Designing Notice and Consent into the Internet of Things: A Hands-on Workshop

Privacy notices are often long, difficult to understand, and don’t appear at opportune times. Constrained interfaces on mobile devices, wearables, and smart home devices exacerbate the issue. In this workshop Professor Lorrie Cranor and privacy researcher Dr. Florian Schaub offer concrete guidelines on how to select the most effective notice and consent mechanisms for a given system or device. They will present a taxonomy of notice options, based on their research, and guide participants through hands-on design exercises.

Lorrie Cranor, Professor of Computer Science and Engineering & Public Policy, Carnegie Mellon University
Florian Schaub, Postdoctoral Fellow, School of Computer Science, Carnegie Mellon University

Room 407

Privacy and Security for the Internet of Things

In early 2015, the FTC released a report on the privacy and security challenges posed by the Internet of Things.  This session will begin with concrete case studies such as the connected car and smart grid.  We will discuss how the promise to consumers is combined with a substantial threat to privacy in the form of increased collection of personally identifying information.  We will also discuss the novel threats to information security that arise with these technologies.  What measures are being implemented to address these issues?  These case studies will then lead to a larger policy discussion.  What is the role of regulation?  To what extent must design be regulated?  How should research into the revelatory nature of collected data inform policy development?  Can notice-and-choice still work, or is the Internet of Things its death knell?  Should the law regulate data collection or use?

Stephen Wicker, Professor of Electrical and Computer Engineering at Cornell University
Beth Hill, General Counsel and Chief Compliance Officer, FordDirect
Raj Singh, Chief Information Officer, Ford Direct
Gerry Stegmaier, Partner at Goodwin Procter

Room 405

Security Risks with the Internet of Things: Lessons from a Live Demonstration

During this session we will do a hands on demo using open-source tools and custom scripts to (1) conduct reconnaissance of real IoT devices in a test environment and (2) conduct denial of service attacks on these devices using open-source tools and custom scripts.  We will then analyze the results in terms of legal requirements for secure design and legal liability for failure of critical IoT devices.  Although at a 301 level, this session will be accessible for participants without a technical or security background.

Steven Roosa, Partner, Holland & Knight, Technologist TBA
Joseph A. CalandrinoDirector, Stroz Friedberg

Room 309

Big Data

Big Data and Discrimination

This session will explore the ways in which Big Data can have discriminatory effects.  Even without discriminatory intent, Big Data can affect different groups of people in ways that have a significant impact on how they are treated, how decisions are made about them, opportunities available to them, or the kinds of messages they are exposed to.  The session will focus around concrete case studies as a launching point to defining the problem and engaging in a discussion of the appropriate policy responses.

Dipayan Ghosh, Technology Policy, The White House
Erika Brown Lee, Chief Privacy and Civil Liberties Officer, U.S. Department of Justice
Christopher Wolf, Partner, Hogan Lovells

Room 403

Third Party Relationships

Control in the Information Ecosystem: Who Has it? Does It Exist?

In today’s business environment, with third-party data services growing exponentially, multi-layer outsourcing of data needs is becoming more and more common. Yet regulators such as the FTC, the NY Department of Financial Services, and the Securities and Exchange Commission have taken the position that this outsourcing does not mean an outsourcing of the primary businesses’ responsibility for that data; businesses are being held responsible for breaches and other unintended data uses at their third-party vendors. How does this impact corporate obligations for data protection and breach response? If a company’s data is breached at a third-party site, how can it ensure that the third-party will respond appropriately and enable the company to timely notify affected customers and regulators? More fundamentally, how much “control” can the company truly have over data held by a third party, particularly when that third party may share data with still more entities? And how effectively can that company prove what did not happen—e.g., what customer data was not compromised—in a security incident when the incident occurred off-site? This session will explore the data risks of sharing through unaligned control environments, and the issues of data ownership, custodianship, control, rights, and obligations in the third-party ecosystem.

Daniel J. Goldstein, Senior Director, Treliant Risk Advisors
Stephen M. Ruckman, Senior Associate, BuckleySandler LLP
Steven T. Visser, Managing Director, Navigant

Room 402-404

High-Risk Data in the Cloud and the Internet of Things: What Really Works?

Cloud computing naturally diminished transparency and collaboration between customers and vendors, but the issues of trust, transparency and collaboration with vendors have become more critical with new data uses and threats , and never more so than as the world hurtles into the more complex networks of the Internet of Things.    What are the most proven ways in which to gain confidence that a vendor has made the necessary investments and is willing and able to provide transparency?   Do the ever-longer questionnaires between customers and vendors result in meaningful risk reduction?  Can prioritization based on data classification enable the representations organizations need from the vendors handling information that really matters?    This session will take on those questions as well as provide a toolkit for the vendor relationship lifecycle  for high value/risk information, including detailed approaches for prioritization; due diligence; risk allocation, mitigation and shifting; monitoring; incident response collaboration; and evaluation.

Jon Neiditz, Partner, Kilpatrick Townsend & Stockton LLP
Stuart Tyler, Senior Privacy Engineer at Intel
Cliff BakerManaging Partner, Meditology

Room 407

Vendor Management

What are the key parts of privacy and security vendor management? What role does a privacy office, a security office, a procurement office, and counsel play in the process? What level of vendor oversight is the government looking for, what level is best practice, and how does an organization focus limited resources to best reduce risk in this area?

How important is a right to audit to obtain in contract? How important is it to actually audit vendors (especially with limited resources)? How much credence should be given to independent assessments, such as a SOC 2 report? Should vendors provide documents such as a risk analysis or internal policies to their customers, or does that actually raise more information security concerns than it addresses?

Kristen Mathews, Partner, Proskauer
Mark Faber, Vice President, Senior Regulatory Counsel, Privacy, Prudential Financial
Mohamed Ayad, Sr. Industry Solution Specialist, US Health and Life Sciences, Microsoft

Room 309

Culture and Media

Privacy and Security Fiction  Club

Many novels, such as Orwell’s 1984, have informed the policy debate about privacy and security.  This session will feature top experts discussing their favorite novels and stories about privacy and security, including old classics and new hits.

Peter Winn, Assistant U.S. Attorney, U.S. DOJ and Lecturer, University of Washington School of Law
Joseph Jerome, Policy Counsel at Future of Privacy Forum
Jacqueline Klosek, Partner, Goodwin Proctor
Kevin Bankston, Director, Open Technology Institute and Co-Director, Cybersecurity Initiative, New America
Heather West, Senior Policy Manager, Americas Principal, Mozilla

Room 403

Privacy and Security Film and TV Club

This session features top experts discussing films and TV series with privacy and security themes.  Are privacy and security portrayed realistically?  What is the best privacy or security movie of all time?

James Aquilina, Executive Managing Director, Stroz Friedberg
Paul Schwartz, Professor at UC Berkeley School of Law
Lara Kehoe Hoffman, Global Director of Data Privacy and Security at Netflix
David Lieber, Senior Privacy Policy Counsel, Google
Ian Ballon, Shareholder, Greenberg Traurig
Chris Calabrese, Vice President, Policy Center for Democracy & Technology

Room 309

Privacy and Security Non-Fiction Club

What are the best non-fiction books and writings about privacy and security?  What are the new and classic must-reads?  This session will feature leading experts discussing the non-fiction works they deem to be essential to one’s library.

Frank Pasquale, Professor at U. Maryland Carey School of Law
Evan Selinger, Professor, Dep’t Philosophy, Rochester Institute of Technology
Jay Stanley, Senior Policy Analyst, ACLU

Room 301

Risk Mitigation and Incident Response

Complex Legal Challenges with Data Breach Response and Cyber Forensics

When responding to a data breach, security professionals must often deal with very complicated challenges created by data security law. Providing individual notice can be challenging when certain data is encrypted. Investigating a breach might involve dealing with systems in the EU and having to deal with EU data protection laws. In this session, a group of CISOs will discuss the particular challenges they find most vexing about data breach response as well as how and when they work with privacy professionals and counsel to grapple with these difficult matters.

Devon Bryan, VP, Global Technical Security Services (CISO) at ADP
Paul Davis, Director, Advanced Threats Security Solutions Architecture Team at Cisco

Room 308

Conducting a Privacy Investigation

This session examines both general investigations of possible misconduct as well as the investigations of privacy violations, including data breaches. In general investigations of misconduct, how can a company investigate potential misconduct without running afoul of data protection laws?  How does a cross-border investigation affect that calculus?  How does one deal with US governmental agencies demanding information that another jurisdiction’s data protection laws might prohibit supplying? Regarding the privacy or data breach investigation, if someone is suspected of a privacy or data security violation, how and when should the suspect be approached?

Behnam Dayanim, Partner, Paul Hastings LLP
Pedro Pavón, Corporate Counsel at Oracle

Room 405

Cyber Insurance: How It Works, How to Select a Policy, and Emerging Trends and Practices

This session will discuss the history of cyber insurance, including the evolution of cyber insurance products and judicial interpretations of cyber insurance policies. It will also review information system risks, measures that can mitigate those risks, the role of cyber insurance in transferring any remaining risks, and the types of cyber insurance coverage currently available.

Sean B. Hoar, Partner, Davis Wright Tremaine LLP
Kimberly Holmes, VP, Product Development, OneBeacon Insurance Group
Keith FrickePrincipal Consultant, tw-Security

Room 309

Data Breach Fallout: The Legal and Ethical Considerations Concerning Stolen Data

Data breach prevention and response are widely-discussed, but less studied are the legal and ethical considerations that apply to stolen data after it has been removed from the private to the public domain. What legal options are available to organizations seeking to contain a post-breach data feeding frenzy? And what limits should apply to the media in its access and use of private or confidential information that has concededly been stolen by hackers? This panel will discuss the legal, ethical, and practical considerations that must be confronted when confidential data is made public by criminal acts.

Michael Gottlieb, Partner, Boies, Schiller & Flexner
Jon Mills, Counsel, Boies, Schiller & Flexner
Josh Goldfoot, Deputy Chief for Cyber, DOJ National Security Division
Bob Sullivan, Independent Journalist, formerly with MSNBC and NBC News

Room 301

Data Breach Liability

This session will examine when various parties are liable in private lawsuits arising from a data breach and to whom. How do plaintiffs meet the causation requirements? What are the successful and unsuccessful theories of liability? How do plaintiffs demonstrate the harm, how is it quantified, and is it even required? When might companies be liable to other companies? What technical and administrative measures can be implemented that will reduce liability risk?

Al Saikali, Partner at Shook Hardy & Bacon, LLP
Matthew Meade, Partner at Buchanan Ingersoll & Rooney PC
Kari Rollins, Partner, Winston & Strawn LLP

Room 407

Data Breach Response Scenario Exercise

What is the best way to handle a data breach?  What are factors that affect the timing of informing law enforcement, federal and state privacy regulators, and affected customers?  When and how should lawyers engage outside vendors (such as forensic experts and PR firms) in a response?  This session will present a variety of different scenarios and provide step-by-step pragmatic advice.

James Aquilina, Executive Managing Director, Stroz Friedberg
Antony Kim, Partner, Orrick Herrington & Sutcliffe
Jenny Durkan, Partner, Quinn Emanuel

Room 309

PR for Data Security and Privacy Crises

In this session, PR expert Melanie Thomas will discuss how to handle PR in a data security or privacy incident.  Through the use of one or more concrete scenarios, participants will explore step-by-step what to do and the consequences of making a PR misstep.  A person from the media will provide insight about how various statements and actions are perceived by the media.

Melanie Dougherty Thomas, Managing Director, Inform LLC
Devlin Barrett, Reporter, Wall Street Journal

Grand Ballroom

The Role of Privilege in Privacy and Security Investigations

Should portions of breach investigations be privileged? If so, what should be privileged and how? Is outside counsel needed, or will involvement of internal counsel suffice? Can a risk analysis (e.g., consistent with NIST 800-30) be privileged? Can a compliance assessment (e.g., an evaluation of compliance with one or more privacy or security regulations) be privileged? What about a security incident assessment? If any of these documents can be privileged, should they be? How can privilege be intentionally or unintentionally waived?

Adam Greene, Partner, Davis Wright Tremaine LLP
Bob Chaput, CEO and Founder, Clearwater Compliance

Room 301