TMPL2020 Technology, Media, & Privacy Law Conference

Truth & Liability in the New Media Age Feb. 13 – 14 @ UF Law

Conference Schedule

Day 1 (2/13) 12:00pm – 12:30pm Check-in 12:30pm – 1:00pm Lunch & Opening Remarks 1:00pm – 2:00pm Session 1: Fake News & New Media

Speakers: Jon Mills Russell L. Weaver Aaron Sharockman Thomas R. Julin

2:00pm – 2:15pm Coffee break 2:15pm – 3:15pm Presentation: William Hamilton: Surveillance Capitalism 3:15pm – 3:30pm Coffee break 3:30pm – 4:30pm Session 2: Internet Anonymity:

A Weapon or a Right? Speakers: David Greene

Michelle Ferrier Tracie Powell Jennifer Mansfield +++++++++++++++++++++++++++++++++++++++++++++++++++

Day 2 (2/14) 8:30am – 9:00am Breakfast 9:00am – 9:15am Opening Remarks 9:15am – 10:15am Session 3: Platform Liability for Acts by Users

Speakers: Margaret Hu Jeff Kosseff

Amanda Reid Justin Brookman 10:15am – 10:30am Coffee Break 10:30am – 11:30am Session 4: Global Comparisons on

Liability, Anonymity, & Fake News Speakers: Frank LoMonte

Ron Krotoszynski Mark D. Cole Jasmine McNealy

11:30am – 11:45am Closing Remarks 11:45am – 1:00pm Lunch & Discussion

Speakers Justin Brookman Justin Brookman is the Director of Privacy and Technology Policy for Consumer Reports (CR). In this role, Brookman works to shape the digital marketplace in a way that empowers consumers and puts their data privacy and security needs first, including researching critical gaps in consumer privacy, data security, and technology law and policy. Prior to joining CR, Brookman was the Policy Director of the Federal Trade Comm-ission’s Office of Technology Research and Invest-igation, where he published original research on con-sumer protection issues raised by emerging technologies and initiated and investigated enforcement actions against deceptive or unfair practices. Prior to FTC, Brookman served as the Director of Consumer Privacy at the Center for Democracy & Technology (CDT), a digital rights nonprofit, where he coordinated CDT’s advocacy for stronger protections for personal information in the United States and Europe. Brookman also served as an Assistant Attorney General and, later, Chief of the Internet Bureau in the New York Attorney General’s office, where he brought consumer protection actions on a wide range of issues, including privacy, free speech, data security, and net neutrality. Brookman began his career as a litigation associate at Fried, Frank, Harris, Shriver & Jacobson LLP. Brookman earned his J.D. from the New York University School of Law and his B.A. from the University of Virginia. Mark D. Cole Mark D. Cole is Professor for Media and Telecomm-unication Law at the University of Luxembourg, where he is also the Course Director for the Master in General European Law LL.M. program. In addition, he is a Faculty Member of the Interdisciplinary Centre for Security, Reliability and Trust (SnT) of the University of Luxembourg. Cole specializes in Media Law, covering both traditional mass media as well as the law of the new information technologies. He is one of the authors of the leading commentary on the Interstate Broad-casting Treaty as well as the Treaty on the Protection of Minors in the Media in Germany. Cole gained practical experience in media law at the DG Com-petition of the European Commission, a law office specializing in Intellectual Property Law and the legal department of a television broadcasting company. He holds a doctorate from the Johannes Gutenberg Universität Mainz and holds both German State Examinations in Law.

Michelle Ferrier Michelle Ferrier is the Dean of the School of Journ-alism and Graphic Communication at the Florida Agricultural & Mechanical University. She is the founder of TrollBusters.com, a just-in-time service that helps journalists fight online abuse and has advocated on behalf of journalists worldwide at the United Nations, SXSW, the Online News Association and the European Commission. She is a digital content architect with more than 30 years of exper-ience in new media technologies, digital identity and media entrepreneurship. Dean Ferrier’s research int-erests include digital identity and reputation man-agement and online communities. She holds a Ph.D. from the University of Central Florida in Texts and Technologies where she developed online comm-unities, online learning and new media storytelling technologies; a master’s degree from the University of Memphis in journalism; and a Bachelor of Science degree in journalism from the University of Maryland, College Park.

David Greene David Greene, Senior Staff Attorney and Civil Liberties Director of the Electronic Frontier Foundation (EFF), has significant experience litigating First Amendment issues in state and federal trial and appellate courts and is one of the country's leading advocates for and comm-entators on freedom of expression in the arts. Greene was a founding member of the Internet Free Expression Alliance. Greene is also an adjunct professor at the University of San Fran-cisco School of Law, where he teaches classes in First Amendment and media law and an instructor in the journalism department at San Francisco State University. He has written and lectured extensively on many areas of First Amendment Law, including as a contributor to the International Encyclopedia of Censorship. Before joining EFF, Greene was for twelve years the Executive Director and Lead Staff Counsel for First Amendment Project, where he worked with EFF on numerous cases including Bunner v. DVDCCA.

Margaret Hu Margaret Hu is an Associate Professor of Law at Washington and Lee University School of Law. Her research interests include the intersection of immigration policy, national security, cyber-surveillance, and civil rights. Previously, she served as senior policy advisor for the White House Initiative on Asian Americans and Pacific Islanders, and also served as special policy counsel in the Office of Special Counsel for Immigration-Related Unfair Employment Practices (OSC), Civil Rights Division, U.S. Department of Justice (DOJ), in Washington, D.C. Hu received her B.A. in East Asian Languages and Cultures from the University of Kansas and her J.D. from Duke Law. She is a Truman Scholar and Foreign Language Area Studies Scholar. She clerked for Judge Rosemary Barkett on U.S. Court of Appeals for the Eleventh Circuit, and subsequently joined DOJ through the Attorney General's Honors Program. William Hamilton William Hamilton is an electronic discovery expert. Prior to joining the faculty served as the electronic discovery partner for his national law firm. Hamilton has taught electronic discovery at the University of Florida for the past decade and is the co-author of the LexisNexis Practice Guide Florida e-Discovery and Evidence and co-author of A Student Electronic Discovery Primer: An Essential Companion for Civil Procedure Courses. Hamilton is also the General Editor of the LexisNexis Practice Guide: Florida Contract Litigation. Hamilton is also a neutral arbitrator and mediator for the World Intellectual Property Organization and the author of numerous domain name dispute decisions. Hamilton has been recognized in Chambers USA, Florida Legal Elite, Best Lawyers in America, and Florida Super Lawyers.

Thomas R. Julin Tom Julin is an attorney at the Gunster Law Firm. His practice centers on free speech and media law issues. Tom’s experience includes the defense of libel, slander and privacy invasion claims. He also has used the federal civil rights act to attack government regulations of speech, and sunshine, public records and Freedom of Information laws to extract information from government agencies. He has used the First Amendment, the Communications Decency Act, the Digital Millennium Copyright Act and other laws to protect publishers from damage claims of all types. In a career spanning three decades, Tom has represented newspaper, magazine and book publishers; television stations and networks; wire services and media industry associations. Tom is a graduate of the University of Florida Levin College of Law and is a member of the Florida Bar. Jeff Kosseff Jeff Kosseff is an assistant professor of cybersecurity law in the United States Naval Academy’s Cyber Science Department. His latest book, The Twenty-Six Words That Created the Internet, a history of Section 230 of the Communications Decency Act, was published in Spring 2019 by Cornell University Press. He also is the author of Cybersecurity Law, a textbook and treatise published by Wiley in 2017, with a second edition released in November 2019. Kosseff practiced cybersecurity, privacy, and First Amendment law at Covington & Burling, and clerked for Judge Milan D. Smith, Jr. of the United States Court of Appeals for the Ninth Circuit and Judge Leonie M. Brinkema of the United States District Court for the Eastern District of Virginia. Before becoming a lawyer, he was a technology and political journalist for The Oregonian and was a finalist for the Pulitzer Prize for national reporting and recipient of the George Polk Award for national reporting. He received a J.D. from Georgetown University Law Center, and a B.A. and M.P.P. from the University of Michigan.

Ronald Krotoszynski Ronald Krotoszynski is the John S. Stone Chair, Director of Faculty Research, and Professor of Law at the University of Alabama School of Law. Krotoszynski is also the author of several books including: Privacy Revisited: A Global Perspective On The Right To Be Left Alone (Oxford University Press 2016) and Reclaiming The Petition Clause: Seditious Libel, “Offensive” Protest, And The Right To Petition The Government For A Redress Of Grievances (Yale University Press 2012). Krotoszynski's most recent book is The Dis-appearing First Amendment (Cambridge University Press 2019). Prior to joining the faculty at the University of Alabama School of Law, Krotoszynski served on the law faculty at Washington and Lee University. He clerked for the Honorable Frank M. Johnson, Jr., of the United States Court of Appeals for the Eleventh Circuit and was an associate with Covington & Burling, in Washington, D.C. Krotoszynski earned his B.A. and M.A. from Emory University and J.D. and LL.M. from Duke University, where he was articles editor for the Duke Law Journal and selected for Order of the Coif.

Frank LoMonte Frank LoMonte is the Director of the Brechner Center for Freedom of Information at the Univer-sity of Florida College of Journalism and Comm-unications. Previously, he was the Executive Dir-ector of the Student Press Law Center (SPLC) in Washington, D.C. Before joining the SPLC, LoMonte practiced law with Sutherland Asbill and Brennan LLP in Atlanta and clerked for federal judges on the Northern District of Georgia and the Eleventh Circuit U.S. Court of Appeals. Prior to embarking on his legal career, he was an award-winning investigative journalist and political columnist. He was the capitol corre-spondent for the Florida Times Union (Jacksonville), Washing-ton correspondent for Morris News Service and the Atlanta bureau chief for Morris. He was the Otis Brumby Distinguished Visiting Professor of Law at the Georgia Law School in spring-summer 2014 and has been a lecturer since 2015 in the University of Georgia Washington Program, teaching a course for undergraduates on “Law of Social Media.” He earned his J.D. from the University of Georgia School of Law and earned his B.A. from Georgia State University.

Jennifer Mansfield Jennifer Mansfield is a partner in Holland & Knight's Jacksonville office. She has experience in numerous areas of commercial litigation, including media law, healthcare and ERISA litigation, and insurance defense. In her media law practice, Mansfield re-presents newspapers and television stations in defense of defamation claims, courtroom access, Florida's Sunshine Law, and for access to public records under the Freedom of Information Act and Florida's public records laws. Mansfield regularly speaks about the legal implications of social media and Internet privacy and has written articles on social media liability. Mansfield graduated from the Uni-versity of Miami School of Law. She clerked for the Honorable Ralph W. Nimmons, Jr., United States District Judge (deceased) for the Middle District of Florida before joining Holland & Knight. Prior to embarking on her legal career, Mansfield served for three years as a Peace Corps volunteer in Paraguay teaching business skills to the manage-ment of a farmers’ cooperative.

Jasmine McNealy Jasmine McNealy is an associate professor at the University of Florida, a fellow at the Stanford University Digital Civil Society Lab, and a faculty associate at the Berkman Klein Center for Internet & Society. Both an attorney and social scientist, she studies media, information, and emerging techno-logy, with a view toward influencing law and policy. Her current research focuses on privacy, sur-veillance and data governance with an emphasis on marginalized communities. She earned a Ph.D. in mass communication and a J.D. at the University of Florida, and a B.S. in both journalism and Afro-American studies at the University of Wisconsin.

Jon L. Mills Jon Mills is Dean Emeritus, Professor of Law, and Director of Center for Governmental Responsibility at UF’s Levin College of Law. He is Counsel to Boies, Schiller & Flexner LLP. Mills is former Dean of UF Levin College of Law from 1999-2003 and former Speaker of the Florida House of Representatives, served as member of the 1997-1998 Florida Con-stitution Revision Commission (as Chair of Style and Drafting Committee and was selected Most Valuable Member). He was the reporter for the ABA’s Task Force on Preservation of the Justice System in 2011 and is a Fellow of the American Bar Foundation. Mills teaches Privacy, State Constitutional Law, Law and Policy in the Americas and Legislative Drafting. He has taught and lectured on privacy in Germany, Great Britain, Poland, Brazil, Uruguay, and Argen-tina, and in the Department of State’s US Speakers and Specialists program. He has written books, reports and multiple law review articles on public policy issues including two books on privacy: Privacy: The Lost Right (Oxford University Press 2008) and Privacy in the Mew Media Age (University Press of Florida 2015). His chapter “Privacy in the Surveillance Era” was featured in After Snowden, which was published by St. Martin’s Press in 2015. He has been Principal Investigator on totaling over three million U.S. Dollars in research funding, including grants from U.S Department of State and the MacArthur Foundation.

Tracie Powell Tracie Powell is the founder of AllDigitocracy.org, which focuses on how media impacts communities of color. Her current position is Program Officer, Racial Equity in Journalism Fund at Borealis Philanthropy. She is also a Senior Fellow with the Democracy Fund and a 2016 JSK (Knight) Fellow at Stanford University where she researched how techniques used in online advertising to reach specific customers could be used by newsrooms to reach specific news consumers and to grow audience. She's written regularly for the Columbia Journalism Review and Poynter. She earned a law degree from Georgetown University Law Center and clerked for the U.S. Department of Justice. She's reported for several daily newspapers including The Austin American-Statesman and The Augusta Chronicle.

Amanda Reid Amanda Reid is an Assistant Professor in the Hussman School of Journalism and Media. She also holds a secondary appointment at the UNC School of Law. Her scholarly works focus on the intersection of First Amendment and intellectual property topics, including copyright and trademark law. Prior to entering academia, she served as a commercial litigation associate with Holland & Knight, LLP (a Vault Top 100 law firm), where, among other projects, she had an opportunity to assist clients with trademark and copyright applications, a copyright trial in federal court, and a patent case through a Markman hearing. She also had the opportunity to serve as an elbow clerk for two federal judges. She served as a one-year judicial law clerk for the Honorable Susan H. Black of the Eleventh Circuit Court of Appeals, and as a two-year judicial law clerk for the Honorable Harvey E. Schlesinger of the Middle District of Florida. Before joining the UNC faculty, Reid was a professor of law and taught intellectual property, real property, trusts and estates, civil procedure, and legal research and writing courses. Reid earned both a Ph.D. from the University of Florida College of Journalism and Communications and a J.D. from the University of Florida College of Law.

Aaron Sharockman Aaron Sharockman is the executive director of PolitiFact, the largest fact-checking organization in the United States. Sharockman leads the growth and development of PolitiFact, manages its out-reach and news partnerships, and oversees new initiatives and product development. Sharockman has been with PolitiFact since 2010 and served most recently as the editor of PunditFact, a website dedicated to checking claims by pundits, column-ists, bloggers and the hosts and guests of talk shows. Previously, Sharockman was a government and politics reporter for the Tampa Bay Times. Aaron was a 2016-17 Reynolds Fellow at the University of Missouri and taught a class on political fact-checking at the University of Missouri School of Journalism.

Russell L. Weaver Russell L. Weaver is the Professor of Law and Distinguished University Scholar at the University of Louisville Brandeis School of Law. He teaches the First Amendment, Constitutional Law, Ad-vanced Constitutional Law, Remedies, Admin-istrative Law, Criminal Law, and Criminal Pro-cedure. He has received the Brandeis School of Law's awards for teaching, scholarship, and ser-vice, and has been awarded the President's Award (University of Louisville) for Out-standing Research, Scholarship and Creative Activity in the Field of Social Science, the President's Award for Out-standing Research, Scholarship and Creative Activity in the Career Achievement Category, and the President's Award for Distinguished Service. Weaver is a prolific author who has written dozens of books and articles over the last 38 years. Weaver is particularly noted for his work in the constitutional law area, especially his writings on free speech. In addition to authoring "From Guten-berg to the Internet: Free Speech, Advancing Technology and the Implications for Democracy," and "The Right to Speak Ill," he served as a consultant to the constitutional drafting commissions of Belarus and Kyrghyzstan and as a commentator on the Russian Constitution. He graduated cum laude from the University of Missouri School of Law and earned his B.A. from the University of Missouri.

Continuing Legal Education Credits

General: 6 Technology: 1

CLE will be emailed out after the close of the conference. If you do not receive an email

by Monday, February 17, please email Levi Bradford (levibradford@ufl.edu).

+++++++++++++++++++++++++++++++++++++++++++++++++++

Questions

If you have questions throughout the conference, ask or email Levi Bradford (levibradford@ufl.edu) or Andy Hartung (ahartung@ufl.edu).

+++++++++++++++++++++++++++++++++++++++++++++++++++

Livestream

We are livestreaming the conference at bit.ly/uftmpl. If you would like full CLE credit but cannot attend the entire conference, we recommend tuning into the livestream to get all the conference has to offer.

Conference Personnel Levi Bradford Student Chair, 2L

Caroline Bradley Student Volunteer, 2L

Savannah Gribbins Student Volunteer, 2L

Andy Hartung Student Volunteer, 3L

John Hood Student Volunteer, 2L

Rachel Jones Fellow, Brechner Center for Freedom of Information

Tyler Kovacs Student Volunteer, 1L

Frank LoMonte Director, Brechner Center for Freedom of Information

Kate Magill Student Volunteer, 3L

Ruth McIlhenny UF Law, Strategic Academic Programs Manager

Jon L. Mills Dean Emeritus, UF Law; Director, CGR

Aleksandra Osterman-Burgess Student Volunteer, 2L

Brandon Pongracz Student Volunteer, 2L

Anne Marie Tamburro Student Volunteer, 2L

Austin Vining Student Volunteer, 2L

Liana Whipple Student Volunteer, 2L

Monica Wilson-Reid Student Volunteer, 1L

bit.ly/uftmpl

TMPL TMPL TMPL TMPL TMPL TMPL TMPL TMPL TMPL TMPL 2020 2020 2020 2020 2020 2020 2020 2020 2020 2020

TMPL 2020

TMPL 2020