Federal Privacy Legislation in 2011
Businesses are collecting, sharing, using and retaining more information about people than ever before. With so much information flying around in cyberspace, the commercial use of personal information is receiving serious attention by lawmakers and regulators. In Congress, various legislative proposals have been introduced, including an “Online Privacy Bill of Rights” in the Senate co-sponsored by Senators Kerry and McCain and numerous proposals in the House counting “The Best Practices Act,” “The Do Not Track Me Online Act of 2011,” “Commercial Privacy Bill of Rights Act of 2011,” and others. The bi-partisan attention to privacy by lawmakers is unprecedented.
This webcast will address these important issues:
- What changes in the law are being proposed?
- What would the various proposals do to improve privacy, and what would they do to affect online and offline commerce?
- What are the prospects for privacy legislation becoming law?
- Even if no new privacy law emerges this year, what do businesses need to do to address privacy requirements in this fast-moving regulatory environment?
A panel of privacy law experts from the world of law practice, consumer advocacy and regulation will discuss the latest consumer policy guidance covered in this legislation in a two-hour LIVE Webcast presented by the Knowledge Group.
Justin Brookman, Director, Consumer Privacy Project,
Center for Democracy & Technology
- Opening landscape, setting the foundation for the discussion
Katrina Blodgett, Division of Privacy and Identity Protection,
Federal Trade Commission
- FTC’s recent enforcement cases to provide guidance to the business community on reasonable steps to protect consumer privacy.
- FTC’s report for privacy.
John B. Kennedy, Partner,
Dewey & LeBoeuf LLP
- key provisions in pending bills and their impact on commercial practices and/or recent FTC enforcement trends
Christopher Wolf, Partner, Director of Privacy and Information Management practice group,
- Congress has never given more serious attention to privacy issues than now. For the first time, a comprehensive privacy law is being seriously considered, in contrast to the sectoral and episodic legislation of the past.
- Congressional attention includes both the introduction of legislation and the exercise of its oversight powers, which are significant and important.
- Even if legislation does not pass this year, the focus on better privacy (in Congress, at the FTC, at the Department of Commerce and in the media) will have an impact on privacy protections for individuals.
- Self-regulation still will have an important role to play in protecting privacy, with or without new legislation
Jim Halpert, Partner,
- Evolution of best practices/risk management with respect to transparency, consent and compliance programs. These will be discussed in the context of the Kerry-McCain bill and Markey-Barton draft bill
Who Should Attend:
- Risk Officers and Managers
- Compliance Officers
- General Counsel
- Senior Management
- Privacy & Data Protection Attorneys/Consultants
- Chief Security Officers
- Chief Privacy Officers
- Online and Direct Marketing Managers
- Investors in data-driven businesses
- Other Related/Interested Professionals
Katrina Ane Blodgett is a staff attorney with the Division of Privacy and Identity Protection, Bureau of Consumer Protection, at the Federal Trade Commission in Washington, D.C. Ms. Blodgett investigates and prosecutes violations of U.S. federal laws governing the privacy and security of consumer information, as well as violations of the Fair Credit Reporting Act. The most recently announced case on which she worked was Dave & Buster’s. In addition to case work, Ms. Blodgett served on a rotation in the FTC’s Office of International Affairs, where she presented technical assistance in Asia and participated in the work of the OECD and the London Action Plan. Ms. Blodgett was the key organizer of the FTC’s March 16-17, 2009 conference, “Securing Personal Data in the Global Economy.”Before joining the Federal Trade Commission staff, Ms. Blodgett was an associate with Arnold & Porter LLC in Washington, D.C. Ms. Blodgett clerked for the Hon. Royce C. Lamberth at the U.S. District Court for the District of Columbia and the Hon. Priscilla Owen at the Texas Supreme Court.
Katrina Ane Blodgett is a staff attorney with the Division of Privacy and Identity Protection, Bureau of Consumer Protection, at …
Technology and Intellectual Property Transactions, Outsourcing, Counseling and Dispute Resolution
John Kennedy is a partner in Dewey & LeBoeuf’s Intellectual Property and Technology Practice Groups in New York. In 25 years of practice, Mr. Kennedy has advised on information technology; advice and negotiation on outsourcing arrangements, including the restructuring of outsourcing agreements; information security and privacy compliance; intellectual property licensing and litigation; intellectual property protection; strategy and commercialization; and the law of unfair competition. His transactional practice includes outsourcing, licensing, joint ventures, M&A, strategic alliances and commercial arrangements that involve general intellectual property, technology and data privacy issues.
Outsourcing, Technology and Intellectual Property Transactions
He has negotiated numerous large, complex information technology (IT) outsourcing services agreements involving data storage and processing, managed network and security services, application hosting services, hardware and infrastructure procurement, disaster recovery and business continuity services, voice and data telecommunications services, systems integration, software development and maintenance. He has also advised clients on the outsourcing of non-IT business processes, such as call centers and customer support, finance and administration services, human resources functions, research and development, and supply chain management. His clients in this area have included Fortune 500 companies in the insurance, financial services, technology, communications, media, transportation, professional services, and consumer products sectors. His work with clients includes advising at all stages of the outsourcing process, including: the procurement process, RFP and requirements development, vendor diligence and selection; the negotiation of all aspects of the definitive agreements and related schedules; and ongoing advice regarding contract governance, dispute management, and amendment and renewal negotiations.
Mr. Kennedy’s counseling and dispute resolution experience includes contested licensing relationships; disputes involving copyright; trademarks, trade secrets and patents; and advice on advertising compliance and false advertising claims. Mr. Kennedy’s practice also includes counseling clients of Fortune 500 companies in the financial services, insurance, technology, communications, media and consumer products industries on a wide range of intellectual property and privacy issues. Mr. Kennedy’s litigation and dispute resolution experience includes representation of public and private companies in copyright, trademark and patent infringement lawsuits; trade-secret misappropriation cases; unfair competition; and false advertising cases.
Information Privacy and Security
Mr. Kennedy’s practice also deals with the law of information privacy and security. He regularly advises medium- and large-sized companies, as well as multinational businesses, on privacy compliance, data security and cross-border data transfers. His practice is both advisory and transactional, ranging from enterprise-wide audits of privacy and security practices to handling the international privacy concerns in global IT and business process outsourcing arrangements. He has advised numerous clients in the financial services, insurance, energy and media industries on implementing enterprise-wide privacy and security policies and in preparing for, investigating and responding to breaches of information security. He is the author of numerous articles on privacy and data security law and for the past ten years has co-chaired Practising Law Institute’s Annual Privacy and Data Security Law Institute.
Selected recent privacy and security-related projects
- Comprehensive review and revision of domestic privacy and information security policies and practices of a public utility;
- Comprehensive review and revision of domestic privacy and information security policies and practices of a large US insurer;
- Analysis of domestic and global privacy and security compliance issues raised in the possible restructuring of a large US-based manufacturer;
- Investigation of potential security breach involving customer records at a major US financial institution;
- Analysis and preparation of compliance documents for several clients pursuant to the FTC Red Flag’s Rule;
- Comprehensive 50-state survey of all security-related state legislation and regulation affecting information security requirements on private sector businesses;
- Privacy compliance analysis and preparation of written privacy policies for a nationwide non-profit organization dedicated to making government entitlement and benefits information and services more accessible over the Internet;
- Advice to the board of directors of a state insurance fund on board duties in connection with information technology and information security governance;
- Revision and updating of the information security policy of a major US news organization;
- Advising a major reinsurer on updating its information security policy and compliance with state laws affecting the use of Social Security numbers; and
- Advising several US financial services companies on the impact of recent litigation in California on affiliate information sharing practices.
- Co-chair, Privacy and Data Security Law Institute, Practising Law Institute (2000-present)
- “An Update for Insurance Companies on U.S. and U.K. Data Privacy Laws and Enforcement,” IUA Digital Risk Committee Meeting (October 2010).
- Recent Developments in US Privacy & Security Law (February 2010).
Awards and Recognition
- Recipient of 2010 Burton Award for Legal Achievement
- Recognized in the 2010 edition of The International Who’s Who of Internet, e-Commerce & Data Protection Lawyers, Who’s Who Legal
- Leading Lawyer, Chambers Global
- Recommended for Technology, Chambers USA
- Best Lawyers New York Area (Information Technology), American Lawyer
- Columbia University Law School, 1985, J.D.
- University of Chicago, 1976, M.A. (English and American Literature), William Rainey Harper Fellow
- Carleton College, 1970, B.A., magna cum laude
- New York
- All New York state and federal courts
Technology and Intellectual Property Transactions, Outsourcing, Counseling and Dispute Resolution John Kennedy is a partner in Dewey & LeBoeuf’s Intellectual …
Jim Halpert is a partner in the Communications, E-Commerce and Privacy practice of DLA Piper. Mr. Halpert counsels technology and content companies on a broad range of legal issues concerning new technologies, including intellectual property protection, content regulation and First Amendment law, privacy, cyber-security, government surveillance, Internet gambling, Internet jurisdiction, telecommunications regulation, on-line contract formation, and marketing. His counseling practice includes advising a wide range of companies regarding privacy and computer security issues, and advising copyright owners, ISPs, and equipment manufacturers regarding IP infringement and copy protection technology strategies.Mr. Halpert has represented and counseled Fortune 500 and smaller companies on a broad range of privacy issues, including information management, data transfer, data security, government regulation of marketing practices, the privacy practices of network operators and websites, communications companies, email spam, and disclosure of customer information in response to government surveillance requests. For example, he has counseled clients regarding responses to more than one hundred data security breaches.
Jim Halpert is a partner in the Communications, E-Commerce and Privacy practice of DLA Piper. Mr. Halpert counsels technology and …
Justin Brookman is the Director for CDT’s Project on Consumer Privacy. Prior to joining CDT in January 2010, Mr. Brookman was Chief of the Internet Bureau of the New York Attorney General’s office. Under his leadership, the Internet Bureau was one of the most active and aggressive law enforcement groups working on internet issues, and Mr. Brookman brought several groundbreaking cases to protect the rights of online consumers. He brought the first regulatory actions against spyware and adware companies, as well as against the advertisers who funded those companies. He also brought several privacy cases against companies who misused or misappropriated consumers’ personal information, including the first enforcement of Gramm-Leach-Bliley’s restrictions on the use of consumer financial data. In 2009, Mr. Brookman brought the first case against a company for “astroturfing” — or seeding internet message boards and blogs with fake positive reviews. He also brought important actions to preserve free speech online and to preserve network neutrality.Mr. Brookman previously worked as a litigation associate for six years at Fried, Frank, Harris, Shriver & Jacobson LLP in both its New York and Washington offices. He received his J.D. from the New York University School of Law in 1998 and his B.A. in Government and Foreign Affairs from the University of Virginia in 1995
Justin Brookman is the Director for CDT’s Project on Consumer Privacy. Prior to joining CDT in January 2010, Mr. Brookman …
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Federal Trade Commission
Center for Democracy & Technology
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