Key Components of a Modern Approach to the Evolving Cybercrime Threat

Television Distribution Over Digital Technology

This presentation will survey the various streaming and downloadable video distribution models, including an overview of TV Everywhere.  We will look at the various parts necessary to support that ecosystem, including video players, content delivery networks and ad serving, with a focus on the agreements and obligations involved.  We will also discuss content protection, including anti-piracy measures and geofiltering.

Digital Content Distribution to Consumers: New Contractual Models

This session will consider to what extent general contractual principles be applied to online transactions of digital content, i.e., copyright-protected works. Most service providers of digital content utilize contractual terms in which the user receives a limited revocable license to use the material. Thus, from a contractual perspective the consumers do not receive any copies of the purchased material, but a service containing a right to use the material, even though in some instances they may actually need to download a copy. The contractual aspects of licensing agreements are not subject to any detailed legislation in most countries. The resolution of a contractual dispute therefore normally entails an application of general principles of contract law to the licensing agreement. These general principles have historically been designed with the sale of physical goods as a template. This presentation will describe how the application of general contract law principles to IP licensing of digital content may cause tension and difficulties. Additionally, some practical implications thereof will be highlighted.

Mobile Apps: Working Effectively with Developer Clients

For technology attorneys to work effectively with application developers, they should follow a process to identify, diagnose and help avoid the most common problems facing mobile apps and interactive websites. From start-up, during ramp-up, and through acquisition, every business developing an app and/or website should be identifying, protecting and enforcing its intellectual property. In addition, mobile app developers and interactive website operators need to understand how their Terms of Use, Privacy Policy and Copyright Policy can make or break their business. Thus, there are practical steps every technology attorney should follow to increase the app developers’ valuable intellectual property while reducing their legal liability. These steps are not that different from any app development lifecycle (e.g., Plan, Develop, Test, Release, Maintain), familiar to app developers (unlike the law) and, thus, more likely to be understood and implemented successfully.

What Does Your App Know? Mobile Privacy

The market for mobile apps is growing rapidly with more than 1,600 new apps added to app stores every day. During the last couple of years, several prominent organizations, institutions and authorities have highlighted the potential privacy risks inherent to the use of apps on smart devices. These risks are based on a lack of legal awareness, poor security measures, lack of transparency and the many technical possibilities there are to access data. The joint forum of EU data protection authorities, the “Article 29 Working Party” issued an opinion (02/2013) in order to provide guidance on privacy issues related to apps on smart devices. According to the Working Party, today many apps breach fundamental data protection principles. This presentation will highlight the current technical possibilities and provide interesting examples of how different apps process and share personal data. Theprivacy issues connected with such data processing and the possibilities for us to help app developers to be compliant with Data Protection laws (primarily from a European perspective) and provide a transparent and secure service to its end users will also be discussed.

Strategies to Control the Risk of Targeted Attacks

An in-depth look at one of the most fundamental reoccurring issues that Kroll sees when responding to breaches: the failure to escalate.  Someone in the company knew that there was a problem and either said nothing, or the person that was told never considered the corporate risk element, therefore it never ended up on the General Counsel’s desk. This lack of escalation often results in IT focused investigations that can fail to incorporate the full spectrum of risk faced by a corporation.

Data Security in Outsourcing & Cloud Computing – Risk Mitigation

The risk of major security breaches to services that are cloud-focused has increased in prominence as the sophistication of the attacks reported has also increased. Cloud-based services are perceived as more risky than traditional closed IT hierarchies because of the inherent nature and interconnectivity. This session will provide a snapshot of the relevant legislative initiatives that are defining the regulatory landscape in the EU, including the latest view on the Network and Information Security Directive and the EU’s Cloud strategy. In the absence of definitive legislation, we will then examine current contracting methodologies in outsourcing and cloud computing agreements that are aimed at enhancing cyber-security protection and mitigating risk for the users of these services.

An Inside View from the EU Expert Group on Cloud Computing – Identifying Safe and Fair Contract Terms for SMEs and Consumers

Cloud computing is designed to offer on-demand access to a flexible IT facility at a reduced cost. This is attractive to a customer with pressures on budgets and possible uncertainty about predicting its IT requirements, but also carries certain risks. Because of these risks, in June 2013 the European Commission set up an Expert Group on Cloud Computing Contracts to assist the Commission in the identification of safe and fair contract terms and conditions for cloud computing services for consumers and SMEs. The purpose of the Expert Group is to take into account existing best market practices in contract terms and conditions in cloud computing contracts, as well as the relevant provisions of Directive 95/46/CEC on the protection of individuals with regard to the processing of personal data and on the free movement of such data. The speaker is a member of the Expert Group, and he will discuss some of the key issues being explored there, as well as approaches being considered to improve confidence in cloud computing. The issues include:

Personal Data Online Following Death or Mental Incapacity

The legal treatment of the digital estate of a person is subject to various laws that are dependent on their country of residence at the time of their death or incapacity. These include the law concerned with a deceased’s estate, as well as privacy laws.  Electronically stored personal information can be left to beneficiaries as property, either by reference to stored digital media or as a contractual claim for the transfer or erasure of the personal data. However, privacy protection for the deceased person might limit or exclude transferability by succession. It is unclear whether data protection laws are applicable to the personal data of a deceased and if there are good reasons to extend the applicability of data protection laws after death. To some extent, similar issues may arise in the case of mental incapacity.

Sensor Technology and the Internet of Things

Sensors are at the heart of the Internet of Things, and the number and variety of sensors deployed is increasing steadily in public and private environments, such as homes and on individuals. By aggregating the data generated by these sensors, sharing it and allowing devices to make decisions based on it, there is the potential for a lot to be accomplished. However, in relation to these activities, there are potential philosophical and legal issues that cannot be ignored in relation to these activities. In addition, when one begins to envision the legal underpinnings and relationships that will be necessary to support such uses there are many legal issues to be addressed. This presentation will discuss the status of the Sensor Revolution, current thinking on the related legal issues, and the efforts in multiple jurisdictions to ensure that an appropriate legal framework is in place.

The Future of Bitcoin

Bitcoin, which is currently the most widely known and widely traded of the so called “crypto-currencies” or “digital currencies”, has had an up-and-down ride since it was first described in the so-called “Nakamoto White Paper” in 2008. Bitcoin is an open-source digital currency created by mining, which involves solving complex mathematical problems using Nakamoto’s algorithm. During 2013, the price of one bitcoin on exchanges rose from about $20 U.S. to over $1,200 before regulatory questions and other factors caused it to drop back into the $500-800 range. We will trace how bitcoin gained increased recognition when established companies like Overstock, the largest online retailer, and Zynga, the giant game developer, and others began accepting bitcoin. We then cover the problems encountered when Mt. Gox – the dominant bitcoin exchange in 2013 – ran into control issues and filed for bankruptcy, stating that it may have lost half a billion dollars’ worth of the currency due to hackers into its system, in early 2014. Going forward, the major questions include what sort of regulatory regime the digital currencies like bitcoin will ultimately face, particularly in light of calls at the state and federal level for closer scrutiny, what pressures are expected from the banking industry, and which other digital currencies will offer the greatest potential competition to bitcoin in the future.

Something Old, Something New, Something Borrowed… Applying Conventional IT Legal Concepts to Online and Social Gaming

This presentation will explore how attorneys can use “conventional” legal concepts used in IT contracting to provide services to clients in the video gaming sphere. The presentation will also offer a brief overview of selected legal issues that are particularly germane to video gaming. Looking at the various legal issues surrounding the development and distribution of video games, the presentation will address how the traditional end-user license agreement and the privacy policy can be used to manage the legal relationships between the developer and the players, with a particular focus on (1) the management of player-generated content, (2) virtual property and virtual currency, and (3) player profiling and marketing in online and social games. This presentation will be particularly interesting to lawyers practicing in more traditional IT sectors by providing them with practical guidance as to how their current knowledge can be leveraged to serve clients in the video gaming industry.

The Uses and Abuses of Social Media

This talk will look at some of the recent legal developments from the U.K. perspective in relation to social media, particularly in the context of brand management and enforcement. The talk will address legal and regulatory issues as to the use of social media in advertising and marketing, recent issues relating to employees, as well as taste and decency in social media and the risk of adverse legal consequences.

Implications of New Global Top Level Domains

The expansion of delegated gTLDs has only recently begun, and its impact is still unclear. This presentation will address the ways in which trademark holders are protecting their intellectual property as new gTLDs are delegated, the policy rationales supporting the expansion of gTLDs, and the practical successes and challenges encountered thus far. We will also address the near-term impact of the program on businesses and governments as well as the long-term implications of the expansion on individual consumers and users of the Internet.

Legal Implications of Wearable Computing

Wearable computing may be identified as an emerging technological trend, with Google Glass and smart watches as some of the more popular wearable computing. These are only first examples of high-tech devices worn in, on or near the human body, and more devices with sensors (e.g., tooth implants or textiles) will follow. Such devices will enable monitoring and metering of physical parameters, such as pulse or blood pressure, and ease context recognition (e.g., whether a person is eating/drinking, sleeping, doing sports or on a phone call), which may greatly facilitate the individual’s life — or not.

Wearable computing will raise a number of legal issues that will have to be dealt with in a new scale. Data protection is a perfect example bearing in mind that sensors will collect and process an individual’s personal data 24/7, including highly sensitive data. Product liability is another crucial topic. Consequences may result from defective or inaccurate devices (e.g., a device erroneously interpreting car driving as sleeping or a built-in sensor indicating an incorrect glucose level for a diabetes patient). Regulatory aspects may also become relevant, depending on the scope of application, wearable devices may be considered as medical products and be subject to restrictive market authorizations and extensive certification procedures.

This presentation will address these and other issues from a legal perspective based on general principles drawn from a multi-jurisdictional approach.

IP as an Asset Class –Monetization by Commercialization or by Litigation. Will New US Legislation Change Anything?

Commercializing patents allows you to maximize returns on your patent investments with little out-of-pocket expense, and utilizing and profiting from dormant patents. You can promote your technology and strengthen your position in the field of your business, create additional shareholder value and promote your long-term financial and technological strategy.
This session will explore:

Examples reviewed will include Vcon, Alvarion, and design patents ‘677 and ‘087 of Apple.

Data Privacy Across Latin America

If you ask a privacy expert about data protection regulation models, maybe he or she would mention Europe, the USA and will highlight some Asian countries; however, most would probably not mention Latin America. Yet Latin America has emerged as a new key player in this field. With countries such as Brazil, Mexico, Peru, Colombia and Chile with approximately 4-5% annual economic growth rates, strong commercial agreements with the USA, Europe and the Asia Pacific Economic Cooperation (APEC), and attractive business environments for the establishment of technology enterprises,  it is impossible to exclude Latin America from the big picture on privacy and data protection. In fact, recently Uruguay, Mexico, Peru, Colombia and Costa Rica have enacted comprehensive data protection legislation. Additionally, Argentina and Uruguay have been considered safe harbors as international data transfer destinations by the EU. The purpose of this presentation is to show the main highlights of the Latin American data protection model and forecast its impact and development in the international arena.

Cross Border Issues and Data Privacy

This session will discuss the critical impact that data privacy and other regulatory issues have on investigations, prosecutions and litigations involving electronic data, which is often stored in multiple jurisdictions.  

Software Asset Management and Enforcement Audits

Since 2008/2009 the number of audits effected and the resulting claims have increased. Some vendors including IBM and CA will now carry out audits at fixed intervals (normally three years) and licensing models are becoming increasingly complex to monitor (transactions-based virtualization and cloud) compared to straightforward per-user based licensing.

Discussion topics will include:

New Technologies and Old and New Consumer Protection Issues

The Federal Trade Commission is tasked with protecting consumers against unfair, deceptive or fraudulent practices. As technologies evolve, the Commission has continued to apply its fundamental consumer protection principles such as the importance of providing truthful, accurate information, making clear disclosures and getting consent to charges in new areas. From the Internet of Things to health apps to mobile payments, this presentation will discuss how the FTC has tackled these issues while adhering to its tried and true consumer protection principles.

Lawyers and the Start-Up Ethos

In a world in which the Internet and digital technology are speeding up the nature of business and social interaction, are shattering jurisdictional boundaries, and are blurring the purpose and functionality of substantive and procedural law and policy, lawyers are increasingly forced to rethink their roles as counselors. How do lawyers balance obligations to flag legal hurdles while enabling clients to realize their visions in a world in which the laws were largely written for bygone analog days that might not have anticipated the evolving needs of clients in the digital age? How do we ensure that the policies and rules of the 21st century are written by those who both understand the nature of emerging technology and the implications of life and business in an internet-enabled world?

Outsourcing on Wall Street: Latest Developments in IT Outsourcing Projects in the Banking Sector

Since the financial crisis, regulations on banks have tightened globally. As far as banking IT is concerned, this development particularly affects large IT outsourcing projects, in which banks experience a lot more scrutiny by regulatory authorities than before the crisis, paired with stricter statutory rules to be followed. The workshop will show and compare the latest developments in key jurisdictions, and participants are encouraged to share their experiences from their home countries and internationally.

Learning from Sourcing Disputes

Lawyers who get experienced in (out)sourcing work will have developed a view as to what are frequent causes for conflicts or even termination of sourcing relationships. We suppose the answers will be similar all over the world. Therefore, this interactive workshop opens an exciting opportunity to exchange these views and discuss what lawyers and contracts can do better to avoid such causes for conflict or deal with them in such a way that they cause less harm.

Peer-to-Peer Lending Platforms – The European View

Peer-to-peer lending is the practice of lending money to unrelated individuals, or “peers”, without going through a traditional financial intermediary such as a bank or other traditional financial institution. The lending takes place online on peer-to-peer lending platforms. In the U.S., platforms like Prosper or Lending Club are successfully operating peer-to-peer lending. In the U.K., Zopa and Funding Circle, and in Germany, auxmoney, Smava and Lendico are the leading players in this new market. This workshop will focus on the European platforms and the associated legal issues. Within this context, particular emphasis will be placed on what sort of regulatory regime the lending platforms will ultimately face, particularly in light of calls of consumer organizations for closer scrutiny and which strategies are available to avoid regulatory limitations.

(+1) 781-876-8877

agenda

Wednesday, May 14 , 2014

Committee meetings
12:00 – 5:00 p.m.
Registration Pick up your badge and conference materials

3:00 – 4:00 p.m.
Arbitration & Mediation Committee Meeting
E-Commerce Committee Meeting
Data Protection Committee Meeting
Edwards Wildman LLP • 750 Lexington Avenue

4:00 – 5:00 p.m.
Social Media & Gaming Committee Meeting
Outsourcing Committee Meeting
Intellectual Property Committee Meeting
Edwards Wildman LLP • 750 Lexington Avenue

6:30 – 8:00 p.m.
Welcome Reception – John Jacob Astor Salon at the Waldorf Astoria NEW YORK John Jacob Astor Salon at The Waldorf Astoria New York

    Thursday, May 15 , 2014

    7:30 a.m. – 8:30 a.m.
    Networking Breakfast
    Vanderbilt Room
    Mingle and enjoy breakfast after picking up your badge and conference materials

    7:45 a.m. – 8:30 a.m.
    Membership/Local Representatives Committee Meeting
    Louis XVI Suite West
    The Membership Committee monitors the status of ITechLaw membership, and initiates and executes strategies to strengthen and grow ITechLaw membership through various retention and recruitment initiatives.

    8:30 a.m. – 9:30 a.m.
    Presidential Welcome
    Empire Room

    Keynote Address: Key Components of a Modern Approach to the Evolving Cybercrime Threat
    Luke Dembosky, Deputy Chief for Litigation, Computer Crime and Intellectual Property Section, Department of Justice, Washington
    Sajai Singh, Incoming President, ITechLaw Association, Bangalore, India

    9:30 a.m. – 10:30 a.m.
    Lawyers and Innovation
    Empire Room
    Moderator: Marc Friedman, Dentons US LLP, New York

    Sensor Technology and the Internet of Things
    Fraser Mann, Mann Symons LLP, Toronto

    Legal Challenges of Wearable Computing
    Roland Mathys, Wenger Plattner LLP, Basel and Zurich

    Lawyers and the Start-Up Ethos
    Professor Jonathan Askin, Brooklyn Law School, Brooklyn, New York
     

    10:30 a.m. – 11:10 a.m.
    Licensing and Contracting
    Empire Room
    Moderator: Vipul N. Nishawala, Pillsbury Winthrop Shaw Pittman LLP, New York

    Software Asset Management and Enforcement Audits
    Lau Jørgensen, Kromann Reumert, Copenhagen

    An Inside View from the EU Expert Group on Cloud Computing – Identifying Safe and Fair Contract Terms for SMEs and Consumers
    Sam De Silva, Penningtons Manches LLP, Oxford, U.K.

    11:10 a.m. – 11:30 a.m.
    Networking Break
    Vanderbilt Room
    Mingle, network and talk with vendors and colleagues.

    11:30 a.m. – 1:00 p.m.
    Cyber Security
    Empire Room
    Moderator: Christine Ing, Blake, Cassels & Graydon LLP, Toronto

    Strategies to Control the Risk of Targeted Attacks

    Peter Brown, Peter Brown & Associates PLLC, BrownTechLegal, New York
    Timothy Ryan, Kroll Advisory Services, New York
    Professor David Opderbeck, Seton Hall University Law School, Newark, New Jersey

    Data Security in Outsourcing & Cloud Computing – Risk Mitigation
    John Buyers, Osborne Clarke, London
    Daniel Logan, McCarthy Tétrault LLP, Toronto

    1:00 p.m. – 2:15 p.m.
    Networking Lunch
    Vanderbilt Room

    1:30 p.m. – 2:15 p.m.
    In-House Counsel Committee Meeting
    Louis XVI Suite West
    The In-House Counsel Committee is comprised of ITechLaw members interested in the unique topics, trends and issues of concern to corporate and in-house counsel. The Committee identifies themes of interest to such members and helps them understand how they can best benefit from ITechLaw.

    2:15 p.m. – 3:30 p.m.
    Interactive Workshop – Outsourcing
    Louis XVI Suite

    Outsourcing on Wall Street: Latest Developments in IT Outsourcing Projects in the Banking Sector
    Thomas Thalhofer, Noerr LLP, Munich

    Learning from Sourcing Disputes

    Hendrik Struik, CMS The Netherlands, Utrecht, the Netherlands

    Sourcing Models in the Cloud

    Jan Geert Meents, DLA Piper UK LLP, Munich
    Take part in this in-depth workshop featuring group discussions and led by experts in the field.

    3:30 p.m. – 4:00 p.m.
    Networking Break
    Vanderbilt Room


    Sponsored by:
     
    Mingle, network and talk with vendors and colleagues.

    4:00 p.m. – 5:00 p.m.
    Mobile Telecoms
    Empire Room
    Moderator: Doron Goldstein, Katten Muchin Rosenman LLP, New York

    Mobile Apps: Working Effectively with Developer Clients
    Brian Hall, Traverse Legal PLC, Traverse City, Mich.

    What Does Your App Know? Mobile Privacy
    Fredrik Roos, Setterwalls, Göteborg, Sweden

    5:00 p.m. – 6:30 p.m.
    Networking/Free Time Mingle, network and talk with vendors and colleagues or go off and explore the city on your own.

    7:00 p.m. – 11:00 p.m.
    Gala Reception & Dinner
    United Nations – Delegates Dining Room
      Motor coaches will depart the hotel beginning at 6:30 p.m. for the Gala Reception & Dinner. Boarding will take place at the front entrance on Park Avenue.

     

      Friday, May 16 , 2014

      8:00 a.m. – 8:45 a.m.
      Networking Breakfast
      Vanderbilt Room
      Mingle and enjoy breakfast.

      8:00 a.m. – 8:45 a.m.
      I-WIN Committee Meeting
      Louis XVI West
       

      8:45 a.m. – 9:50 a.m.
      Data Privacy Perspectives
      Empire Room
      Moderator: Laura Liguori, Portolano Cavallo, Rome

      Data Privacy Across Latin America
      Óscar Montezuma, Montezuma & Panez Consultores Legale, Lima, Peru

      Cross Border Issues and Data Privacy
      Thomas Brown, FTI Consulting, New York

      Personal Data Online Following Death or Mental Incapacity
      Oliver Habel, tecLEGAL Habel Rechtsanwaelte, Munich
       

      9:50 a.m. – 10:45 a.m.
      Media Convergence
      Empire Room
      Moderator: Ted Sabety, Sabety + associates, PLLC, New York

      Television Distribution Over Digital Technology
      Seth Metsch, Vice President and Digital Media Counsel, A+E Networks, New York

      Digital Content Distribution to Consumers: New Contractual Models
      Stojan Arnerstål, Von Lode Advokat, Stockholm
       

      10:45 a.m. – 11:15 a.m.
      Networking Break
      Vanderbilt Room
      Mingle, network and talk with vendors and colleagues.

      11:15 a.m. – 12:30 p.m.
      Interactive Workshop – E-Commerce
      Louis XVI Suite

      The Future of Bitcoin
      Denis Rice, Arnold & Porter, San Francisco

      Navigating the Nuances of Crowdfunding: Equities, Tokens, Investments or Just Plain Fun
      Charles Mudd, Jr., Mudd Law Offices, Chicago

      Peer-to-Peer Lending Platforms – The European View
      Peter Huppertz, Hoffmann Liebs Fritsch & Partner, Düsseldorf, Germany
      Take part in this in-depth workshop, featuring group discussions and led by experts in the field.

      12:30 p.m. – 1:50 p.m.
      Networking Lunch
      Vanderbilt Room

      1:50 p.m. – 3:00 p.m.
      Intellectual Property
      Empire Room
      Moderator: Joren De Wachter, Independent IP Strategis

      IP as an Asset Class – Monetization by Commercialization or by Litigation. Will New US Legislation Change Anything?
      Naomi Assia, Naomi Assia & Co. Law Offices, Tel Aviv, Israel
      Rory Radding, Edwards Wildman, New York

      Implications of New Global Top Level Domains
      Edward F. Maluf, Seyfarth Shaw LLP, New York

      3:00 p.m. – 3:30 p.m.
      Networking Break
      Vanderbilt Room
      Mingle, network and talk with vendors and colleagues.

      3:30 p.m. – 4:45 p.m.
      Internet/Social Media
      Empire Room
      Moderator: Charan Sandhu, Weil, Gotshal & Manges LLP, New York

      Something Old, Something New, Something Borrowed… Applying Conventional IT Legal Concepts to Online and Social Gaming
      Maxime Gagné, Saint Lawrence Law Firm LLP, Montreal

      The Uses and Abuses of Social Media
      Susan Barty, CMS Cameron McKenna LLP, London

      New Technologies and Old and New Consumer Protection Issues
      Daniel Kaufman, Deputy Director, Bureau of Consumer Protection, Federal Trade Commission, Washington

      4:45 p.m. – 5:00 p.m.
      Closing Remarks
      Empire Room
      Sajai Singh, President, ITechLaw; Partner, J. Sagar Associates, Bangalore, India

      6:00 p.m. – 7:30 p.m.
      Closing Reception – Vermilion
      Vermilion, 480 Lexington Ave, New York