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Newsletter of the ABA Business Law Section
  Cyberspace Law Committee
Join the Committee Online

Message from the Chair

Upcoming CLCC Programs
  Cyberspace Law Institute & Winter Working Meeting - January 25-26, 2013

Other Programs of Interest
  iPhone and iPad Apps for Lawyers
  The FTC's Investigation of Google
  RSA Conference - February 25 - March 1, 2013
  ABA Business Law Section Spring Meeting - April 4-6, 2013

CLCC Publications/Recordings
  Building or Sabotaging the Enterprise?
  Insuring for Data Security Threats
  Internet Law for the Business Lawyer

CLCC Projects
  Update from the Digital Media Subcommittee
  Update from the Identity Management Legal Task Force
  Opportunities to Publish

Cyber News You Can Use
  See MIRLN for Cyberspace Updates

Presentations and Awards
  BLT Live: International Data Governance and Legal Issues in New Data-Related Service Models - December 18, 2012 - Webinar
  Commentary on HSBC Settlement with Federal Government

Cyberlaw Gigs

Your Name Here!

Newsletter Editors:
    Cheryl Dancey Balough
    cbalough@balough.com

    Lois Mermelstein
    lois@loismermelstein.com
  Message from the Chair
  Jonathan T. Rubens, Committee Chair

We are in high gear, preparing for the cyberspace committee's 2013 Institute on the Law of Cyberspace and Winter Working Meeting (see below - register now!). Meanwhile, the new year has kicked off with plenty of cyberlaw news and goings on - more news (see this one from HuffPost) about crackdowns around the world on citizen use of social media and the Internet, the FTC has reached a settlement with Google in its latest major tech-antitrust investigation (see techcrunch's report), and hackers are reported to have once again coordinated major cyber attacks on US banks (NYTimes story from January 4). There is loads to parse and analyze as we consider the international structure of Internet governance, and how to preserve a free and open Internet, the appropriate reach of federal government regulation of technology giants and what may be next on the FTC's hit list, and the need for, and developing regulatory regime governing, appropriate levels of cybersecurity for the banking world and for all businesses. Join us in January, and at the Business Section meeting in Washington DC in April, as we consider these cyberspace issues and more.

Best regards,
Jonathan T. Rubens
Chair, Cyberspace Law Committee, Business Law Section
Jon@jrlegalgroup.com


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  Upcoming CLCC Programs
   
Cyberspace Law Institute & Winter Working Meeting - January 25-26, 2013

You do not want to miss this informative, fun program with many opportunities to get involved. Advanced registration for the 2013 Cyberspace Law Institute and Winter Working Meeting closes this Friday, January 11. Register today!

The meeting will take place at the unique W Hotel in the Westwood area of Los Angeles, right next to UCLA. The deadline for the discounted room rate is this Thursday, January 10. You can reserve online or by calling the hotel directly at 310.208.8765 or 877.946.8357.

CLE Programming

Plan to arrive Thursday evening in Los Angeles as our programming begins first thing in the morning on Friday, January 25, with 4+ hours of CLE presentations on a variety of cyberspace law topics. Presentations from longtime contributors to the committees and several new faces will include:

  • Big Data, Beyond the Hype − John Pavolotsky, Greenberg Traurig, San Francisco
  • The Sense and Nonsense of the Law of Electronic Contracts − Professor Nancy Kim, California Western School of Law
  • Can't We All Just Get Along? How Customary Practice in Licensing Rights for Film and Music Impacts their Online Digital Distribution − Louise Nemschoff, Law Office of Louise Nemschoff, Los Angeles
  • Under the Radar: Emerging Cybersecurity Risks that May Have Escaped Clients' and Counsel's Notice − Roland Trope, Trope & Schramm LLP, New York; Steve Humes, Holland & Knight, New York
  • The Day the Cars Stood Still: 1951 Sci-Fi or 2013 Reality? − Cheryl and Richard Balough, Balough Law Offices, LLC, Chicago
  • Digital Law 2013: Hot Trends and Issues in Cloud, Mobile and Internet Law and Liability − Ian Ballon, Greenberg Traurig, Palo Alto/Santa Monica
  • Strategic Remedies for Cybercrime Victims − Mark Mermelstein, Orrick, Los Angeles

New Committee Projects

Don't miss special announcements on new and ongoing working projects of the committee. Roland Trope and Tom Smedinghoff will profile a new project involving the creation of a cybersecurity checklist. Ted Claypoole and Richard Balough will highlight an ongoing project creating a compendium of "bring your own device" policies. And Cathy Gellis will describe a new project on cybercrime enforcement and defense of cybercrime charges and cyber-asset seizures in the digital age.

Luncheon Speakers

We are very pleased to announce two very special speakers who will address our group on during our Friday onsite luncheon. Dean Erwin Chemerinsky, of the UC Irvine School of Law will offer some viewpoints on the changes in free speech jurisprudence and legal analysis through the growth of online communications. Offering a view from the Hollywood trenches, entertainment and technology lawyer Melinda Demsky Mehringer, vice president of content protection at Fox, will discuss the growth of online and mobile content distribution, some of the challenges and obstacles from the studios' perspective, and what may be coming next.

Roundtables

We are repeating our exciting added format from last year, our mid-session roundtables. These are short, moderated discussions, open to all, on a variety of topics spilling out of our CLE presentations and intended to take us further into potential working group projects. This year our roundtables will focus on four separate areas: cybersecurity; professional responsibility rules around law firm technology; privacy and ECPA reform; and mobile device policies and management.

Breakouts

Finally, toward the end of the first day of the conference and for the entire second day, we will break out into small working groups throughout the venue. As in the past, these working groups will be devoted to ongoing work and the projects, new and ongoing, of our committee's several subcommittees and task forces. These meetings are open to all. For those of you returning, please help us make these breakouts as robust as possible by participating through the full second day of the meeting. For those considering attending this conference for the first time, these breakout sessions are a fantastic and thoroughly enjoyable way to get involved in the work of our committee. There is always opportunity to participate, for long-timers and newbies alike, and there are also many chances to help drum up new projects and work product for our committee.

Social Events

We will have dinner off-site on Friday, January 25, at the Napa Valley Grille, where we'll enjoy California farm-to-table cuisine. There will also be an informal dinner gathering on Saturday evening, January 26. And for those arriving early on Thursday, January 24, there will be a cocktail gathering at the hotel.

We look forward to seeing you in Westwood! Register today .

Our Cyberspace Law Institute and Winter Working Meeting is made possible with help from our generous sponsors:

Platinum Sponsor -
Box offers secure, scalable content-sharing that both users and IT love and adopt.

Gold Sponsor Kivu Consulting -
Kivu combines technical and legal expertise to deliver investigative, discovery, and forensic solutions worldwide.

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  Other Programs of Interest
   
iPhone and iPad Apps for Lawyers

Title: iPhone and iPad Apps for Lawyers
Date: January 10, 2013
Location: N/A
Format: Webinar/Teleconference

The FTC's Investigation of Google

Title: The FTC's Investigation of Google
Date: January 11, 2013
Location: N/A
Format: Teleconference

RSA Conference - February 25 - March 1, 2013

The RSA Conference 2013 in San Francisco on February 25 - March 1 offers the theme "Security in Knowledge: Mastering Data, Securing the World." The conference will include a panel on "Do We Have the Authority? Legal Issues in Protecting Government Networks." Two of the panel's speakers are members of the Cyberspace Law Committee: Roland Trope, Partner at Trope and Schramm LLP and Adjunct Professor in the Department of Law, United States Military Academy at West Point, and John Gregory, General Counsel, Ministry of the Attorney General of Ontario, Canada.

ABA Business Law Section Spring Meeting - April 4-6, 2013

The 2013 Business Law Section Spring Meeting will be held in Washington, DC, on April 4-6. Programs co-sponsored by the Cyberspace Law Committee include:

  • "How to Fess Up When You Mess Up: Compliance by Remittance Transfer and Mobile Payments Providers with Anti-Money Laundering and OFAC Requirements" - organized by the CLC's Roland Trope and Sarah Jane Hughes, along with representatives of the CFSC, Banking Law, and Credit Union Committees
  • "iPads at the Firewall! Should You Permit Employee Devices into Your Network" - organized by the CLC's Richard Balough and Ted Claypoole and co-sponsored by the Business and Corporate Litigation Committee
  • "You Win! Or Did Your Client Just Lose: the Law of Contests" - co-sponsored with the IP Committee
  • "Ethics 20/20: What It Did and What It Left Undone - Next Time Let's Be Bolder" - co-sponsored with the Professional Responsibility and Business Law Education Committees
  • "Licensed Today, Infringement Tomorrow? The Termination Right under the Copyright Act and Other Oddities" - co-sponsored with the IP Committee
  • "What Your Payments Are Telling People: Privacy and the Mobile Payment Race" - co-sponsored with the Banking Law, Credit Union, and CFS Committees

More information about the programming and registration is available here.

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  CLCC Publications/Recordings
   
Building or Sabotaging the Enterprise?

Roland Trope, of Trope and Schramm, moderated a panel that included experts from industry and the Federal Reserve at this December 4, 2012, webinar reprise of a popular program from the 2012 ABA Annual Meeting: "Building or Sabotaging the Enterprise: Squaring Cyber Security with Technologies that Undermine It." The program addressed the tension between companies' legal obligations to guard cybersecurity and their efforts to take advantage of technologies. It is available on CD-ROM.

Insuring for Data Security Threats

At a December 11 webinar, Professor Ed Morse, of Creighton University School of Law, moderated a panel of lawyers from law firm, technology, and insurance backgrounds to explore the data security landscape and related insurance coverage and claims management issues. The webinar reprised a program offered at the 2012 ABA Annual Meeting: "Insuring for Data Security Threats: Everything a Business Lawyer Wants to Know but Is Afraid to Ask." You can order the CD-ROM here.

Internet Law for the Business Lawyer

The second edition of this book, launched this past fall, provides the business lawyer with a toolkit for advising clients in the electronic environment. It is written by members of the Cyberspace Law Committee and edited by Juliet Moringiello, professor at Widener University School of Law. The book is filled with practice tips on how to avoid traps for the unwary as well as a detailed discussion of relevant cases, statutes, and regulations. You can order it online.

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  CLCC Projects
   
Update from the Digital Media Subcommittee
Co-Chairs Jon Garon and Susan Stephan

At the 2013 Winter Working Meeting, the Digital Media Subcommittee will focus on two key areas of digital media business:

  • Digital Publishing continues to be a rapidly evolving area. The subcommittee will explore the potential for projects related to the HathiTrust digital repository, fair use, antitrust litigation, and industry transformation industry.
  • Entertainment App Development Law and Practice: The subcommittee will focus on underlying rights, tie-in agreements, platform agreements, and privacy and security. Projects may include newsletter or scholarly articles, live or webinar presentations, and potentially a book, depending on interest.

Do you want to get involved or have an idea for a project? The committee is open to other ideas and project suggestions. Let us know by contacting Jon Garon or Susan Stephan.

Update from the Identity Management Legal Task Force
Chair Tom Smedinghoff

We had a very successful Task Force meeting in London on December 10-11, 2012. It was our most heavily attended in-person meeting to date. A diverse group of 70 people attended, including 17 from continental Europe, 13 from North America, and 40 from the UK. The attendees came from a variety of sectors: 29 from private business, 8 from law firms, 13 from associations, 16 from government agencies, and 4 from the education sector. It was a great discussion and an excellent start to a continuing US-EU dialog regarding the legal issues surrounding identity management. A summary of the meeting and copies of the slides and other materials from the meeting are now posted on the Task Force website.

Opportunities to Publish
Kristine Dorrain and Sarah Jane Hughes, Content Directors

Business Law Today regularly seeks short submissions on topics emerging for business lawyers. Pieces should be no more than 3,000 words with citations embedded in the text and not in footnotes, or supporting materials mentioned in a side bar instead of in the text. The CLC recently has contributed two full mini-theme issues to BLT (December 2011 and November 2012). Submissions are not confined to CLC mini-theme editions of BLT and are obviously much different from articles for the annual Survey of Cyberspace Law or stand-alone articles in The Business Lawyer. A strong feature of BLT is its timeliness: pieces selected for publication normally reach readers in about 4 to 6 weeks, rather than 6 or more months. Juliet Moringiello and Michael Fleming can offer additional advice for authors interested in writing short pieces on emerging topics. If you have a topic, please cc Sarah Jane Hughes when you contact Juliet or Michael so she can keep track of everything in production for the Content Committee.

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  Cyber News You Can Use
   
See MIRLN for Cyberspace Updates

The Institute on the Law of Cyberspace and Winter Working Meeting will be full of cyber news you can use. For additional up-to-date news on cyberlaw happenings, visit MIRLN, a monthly newsletter edited by Cyberspace Law Committee member Vince Polley. It's free.

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  Presentations and Awards
   
BLT Live: International Data Governance and Legal Issues in New Data-Related Service Models - December 18, 2012 - Webinar

Our own Jon Rubens moderated a free-to-members ABA webinar based on the Committee's recent Business Law Today mini-theme. Greg Voss, professor of business law development at the Toulouse Business School (Toulouse, France), and Ken Dreifach, counsel at ZwillGen PLLC (New York) discussed the proposed EU General Data Protection Regulation and demystified "Big Data" for the more than 200 attendees who enjoyed this opportunity for informative, free CLE.

Commentary on HSBC Settlement with Federal Government

Sarah Jane Hughes, University Scholar and Fellow at Maurer School of Law at Indiana University, was a featured commentator on PBS' Nightly Business Report on the settlement reached in December between HSBC, the Department of Justice, the Department of the Treasury's Office of Foreign Assets Control (OFAC) and Financial Crimes Enforcement Network (FinCEN), and the Board of Governors of the Federal Reserve System over alleged violations spanning many years. Professor Hughes commented that with this settlement, and the settlement with federal departments and agencies and Britain's Standard Chartered Bank announced two days earlier, as well as actions against the federal government brought earlier in 2012 against other banks, the government had signaled its intention to enforce US anti-money-laundering and don't-trade-with-the-enemy laws. Professor Hughes also gave an interview to Law 360 in connection with the HSBC settlement, and another to Law 360 in connection with the mid-December settlement over LIBOR that the government reached with UBS.

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  Cyberlaw Gigs
   

This new section of the Cyberspace Law Committee Newsletter will include job postings for or by committee members. Please send all postings to Communications Co-Directors Cheryl Balough and Lois Mermelstein by the 20th of one month for posting in the following month's newsletter.

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  Your Name Here!
   

We are always looking for fresh and relevant content for the CLCC newsletter. Have you written or presented on something your fellow committee members would be interested in? Let them know! Email your contribution to committee Communications Co-Directors Cheryl Balough and Lois Mermelstein.

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