U S DEPARTMENT OF JUSTICE Section 230 — Nurturing Innovation or Fostering Unaccountability February 19 2020 Federal Bureau of Investigation Headquarters Washington D C U S DEPARTMENT OF JUSTICE Section 230 — Nurturing Innovation or Fostering Unaccountability AG E N DA 9 00 a m – 9 15 a m Introduction and Welcome Introduction of the Attorney General • The Honorable Christopher Wray Director Federal Bureau of Investigation Welcome • The Honorable William P Barr Attorney General 9 15 a m – 10 30 a m Panel 1 Litigating Section 230 The history evolution and current application of Section 230 in private litigation • Moderator Claire McCusker Murray Principal Deputy Associate Attorney General • Patrick Carome Partner WilmerHale • Carrie Goldberg Owner C A Goldberg PLLC • Professor Jef Kossef United States Naval Academy • Annie McAdams Founder Annie McAdams PC • Professor Benjamin Zipursky Fordham University School of Law 10 30 a m – 11 45 a m Panel 2 Addressing Illicit Activity Online Whether Section 230 encourages or discourages platforms to address online harms such as child exploitation revenge porn and terrorism and its impact on law enforcement • Moderator The Honorable Beth A Williams Assistant Attorney General Ofce of Legal Policy • Professor Mary Anne Franks University of Miami • Professor Kate Klonick St John’s University • The Honorable Doug Peterson Attorney General of Nebraska • Matt Schruers President Computer Communications Industry Association • Yiota Souras Senior Vice President and General Counsel National Center for Missing and Exploited Children 11 45 a m – 12 45 p m Panel 3 Imagining the Alternative The implications on competition investment and speech of Section 230 and proposed changes • Moderator Ryan Shores Associate Deputy Attorney General • David Chavern President News Media Alliance • Neil Chilson Senior Research Fellow Charles Koch Institute • Pam Dixon Executive Director World Privacy Forum • Professor Eric Goldman Santa Clara University • Julie Samuels Executive Director Tech NYC 12 45 p m Adjourn 3 U S DEPARTMENT OF JUSTICE Section 230 — Nurturing Innovation or Fostering Unaccountability MORNING BIOS PANEL 1 Patrick Carome Partner WilmerHale Washington D C Regarded as one of the country’s leading civil litigators Patrick Carome has extensive experience representing major media and entertainment companies international organizations and other businesses in high stakes litigation in both trial and appellate courts While much of his practice focuses on representation of major internet companies he is a seasoned advocate and counselor across a broad range of subject matter and industries Mr Carome is especially well known for his defense of social media and other online enterprises in cases raising First Amendment and other free speech issues He is the nation’s preeminent advocate in litigation concerning Section 230 of the Communications Decency Act the federal law that shields operators of online platforms from liability pertaining to publishing third-party content Mr Carome’s clients in this space include or have recently included Twitter Facebook Google craigslist Airbnb Yahoo and the Internet Association Carrie Goldberg Owner C A Goldberg PLLC Carrie Goldberg is the owner of victims’ rights law frm C A Goldberg PLLC and is the author of the 2019 New York Times Editor’s Choice Nobody’s Victim Fighting Psychos Stalkers Pervs and Trolls Jeff Kosseff Assistant Professor United States Naval Academy Jeff Kosseff is an assistant professor of cybersecurity law in the United States Naval Academy’s Cyber Science Department His latest book is The Twenty-Six Words That Created the Internet a history of Section 230 of the Communications Decency Act He also is the author of a textbook Cybersecurity Law He 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 fnalist for the Pulitzer Prize for national reporting and recipient of the George Polk Award for national reporting He received a JD from Georgetown University Law Center and a BA and MPP from the University of Michigan 5 MORNING BIOS Annie McAdams Founder Annie McAdams PC Annie McAdams exclusively represents victims nationwide who have been harmed due to the negligence or acts of others Ms McAdams is currently the lead trial attorney in the sex traffcking cases against Facebook SalesForce and MailChimp Benjamin Zipursky Professor of Law Fordham University Benjamin C Zipursky is Professor of Law at Fordham Law School where he holds the James H Quinn ’49 Chair in Legal Ethics and has twice served as Associate Dean 2001-03 2010-13 A member of the Fordham faculty since 1995 he has taught as a visitor at Columbia Law School Harvard Law School University of Pittsburgh Law School and Vanderbilt Law School Among the country’s leading tort scholars Zipursky has published more than eighty articles and chapters on subjects ranging from punitive damages and conficts of interest in mass tort litigation to the interpretation of the Communications Decency Act His most recent book – Recognizing Wrongs Harvard U Press 2020 coauthored with John C P Goldberg – has already generated several symposia in the United States and abroad In addition he is the co-author of a leading casebook Tort Law Responsibilities and Redress 4th ed 2016 and The Oxford Introductions to U S Law Torts 2010 An Advisor to the Restatement Third of Torts and the Fourth Restatement of Property Zipursky also serves on the editorial board of the Journal of Tort Law and has served on Executive Committees of the Jurisprudence and Defamation and Privacy sections of the Association of American Law Schools After graduating magna cum laude from New York University School of he clerked for Hon Kimba M Wood in the Southern District of New York and was an as of Arnold Porter PANEL 2 Mary Anne Franks Professor of Law University of Miami Dr Mary Anne Franks is Professor of Law and Dean’s Distinguished Scholar at the University of Miami School of Law where she teaches First Amendment law Second Amendment law criminal law and procedure and law and technology She serves as the President and Legislative and Tech Policy Director of the Cyber Civil Rights Initiative Franks is the author of The Cult of the Constitution Our Deadly Devotion to Guns and Free Speech 2019 her scholarship has also appeared in publications such as the Harvard Law Review California Law Review and UCLA Law Review Franks drafted the frst model criminal statute on nonconsensual pornography aka “revenge porn” and regularly advises legislators and tech industry leaders on issues relating to online abuses Franks earned her master’s and doctorate degrees in Modern Languages and Literature from Oxford University where she studied as a Rhodes Scholar and a juris doctorate degree from Harvard University 6 MORNING BIOS Kate Klonick Assistant Professor of Law St John’s University Kate Klonick is an Assistant Professor at St John’s University Law School and an Affliate Fellow at Yale Law School’s Information Society Project Her research on networked technologies’ effect on social norm enforcement freedom of expression and private governance has appeared in the Harvard Law Review New York Times New Yorker The Atlantic The Guardian and numerous other publications The Honorable Doug Peterson Attorney General of Nebraska Doug Peterson was elected as Nebraska’s 32nd Attorney General in November 2014 As Attorney General he oversees the Nebraska Department of Justice Peterson graduated from the University of Nebraska with a business degree in 1981 and from Pepperdine University School of Law in 1985 Following law school Mr Peterson spent two years in North Platte Nebraska prosecuting criminal and civil cases for the Lincoln County Attorney From 1988 to 1990 he served as a Nebraska Assistant Attorney General representing the State in civil litigation matters In 1990 Peterson entered private practice where he advised and advocated for individuals and businesses As Attorney General Peterson works closely with law enforcement across the state to ensure that Nebraska communities are safe Peterson’s offce has supported strengthened legislation and enforcement in the areas of human traffcking child sexual assault and abuse consumer protection and prescription drug abuse Matt Schruers President Computer Communications Industry Association Matt Schruers is President of the Computer Communications Industry Association CCIA He represents the Association before Congress courts and the Administration and advises industry on matters including Internet law intellectual property competition and international trade He joined CCIA from private law practice in 2005 and has previously served as Vice President and Chief Operating Offcer He has also been an adjunct professor for over 10 years teaching on intellectual property and Internet law at the Georgetown University Law Center and Graduate School and American University Washington College of Law Mr Schruers is a graduate of Duke University and the University of Virginia School of Law Yiota Souras Senior Vice President and General Counsel National Center for Missing and Exploited Children Yiota Souras is senior vice president and general counsel for the National Center for Missing Exploited Children She joined NCMEC in 2006 after a private practice focusing on corporate litigation and white-collar investigations at law frms in New York and Washington D C 7 MORNING BIOS Ms Souras is responsible for the legal and legislative affairs at NCMEC and advises NCMEC leadership and the Board of Directors about legal issues pertaining to NCMEC’s mission During her tenure Ms Souras has fostered NCMEC’s congressional and policy outreach building and maintaining strong relationships with congressional offces and testifying before congressional committees on behalf of NCMEC policy positions She appeared in the documentary I Am Jane Doe which tracked legal and policy issues relating to the battle against online child sex traffcking Ms Souras received a Juris Doctor from Fordham University and a Bachelor of Arts from Johns Hopkins University PANEL 3 David Chavern President News Media Alliance David Chavern is president and CEO of News Media Alliance the news industry’s largest trade organization In addition to developing an entirely new brand and identity for the organization Chavern has been intensely focused on telling the powerful – and optimistic – story of the news industry and offering members new products that help them run their businesses better every day He has been called an activist for the news industry by a national media columnist a title that he embraces proudly Chavern has built a career spanning 30 years in executive strategic and operational roles and most recently completed a decade-long tenure at the United States Chamber of Commerce From 2014 to 2015 he served as the President of the Center for Advanced Technology Innovation at the Chamber From 2007 through 2014 Chavern was the Chamber’s Executive Vice President and Chief Operating Offcer Prior to that Chavern served as a Vice President and Chief of Staff at the Chamber offering strategic advice and guidance to the CEO and managing daily operations of the organization A 1987 graduate of Villanova University’s School of Law Chavern went on to receive his MBA from Georgetown University in 2003 He attended the University of Pittsburgh where he received a Bachelor of Arts degree Neil Chilson Senior Research Fellow Charles Koch Institute Neil Chilson is a lawyer and computer scientist His research guides the Stand Together community’s ongoing efforts to understand and promote the legal and cultural environments that best enable people to create innovate and improve all of our lives 8 MORNING BIOS Before joining ST Neil was the Chief Technologist at the Federal Trade Commission where he focused on the economics of privacy and blockchain-related issues Previously he was an attorney advisor to Acting FTC Chairman Maureen K Ohlhausen In both roles he advised Chairman Ohlhausen and worked with Commission staff on nearly every major technology-related case report workshop or other proceeding at the FTC since January 2014 when he joined her offce Neil joined the FTC from Wilkinson Barker Knauer LLP where he practiced telecommunications law for seven years Neil has a J D from The George Washington Law School a M S in computer science from University of Illinois Urbana-Champaign and a B S in computer science from Harding University Pam Dixon Executive Director World Privacy Forum Pam Dixon is the founder and executive director of the World Privacy Forum An author and researcher she has written respected and infuential studies in the area of privacy identity biometrics AI data brokers health privacy and other topics In 2019 Dixon served as Rapporteur for the frst Roundtable of African Data Protection Authorities RADPA for which she produced a report regarding privacy and identity in African jurisdictions She also conducted substantive biometrics research in India which formed the basis of a scholarly article analyzing India’s Aadhaar biometrics and EU-US data protection policy A Failure to Do No Harm Springer-Nature This work was cited in the landmark 2018 Supreme Court of India Aadhaar decision Also in 2019 Dixon co-wrote with UW professor Jane Winn a discussion bill on standard setting in privacy Dixon has written eight books and numerous other privacy studies She is an expert advisor to OECD on Health Data and also on Artifcial Intelligence For two years Dixon served on the OECD AI Experts Group which produced the OECD Guidelines on AI in May 2019 Professor Eric Goldman Santa Clara University Eric Goldman is a Professor of Law and Co-Director of the High Tech Law Institute at Santa Clara University School of Law His research and teaching focuses on Internet law and he blogs on the topic at the Technology Marketing Law Blog http blog ericgoldman org Julie Samuels Executive Director Tech NYC Julie Samuels is the founder and Executive director of Tech NYC an organization representing New York’s fast growing entrepreneurial tech industry Before that she was Executive Director at Engine a nation-wide nonproft focused 9 MORNING BIOS on technology entrepreneurship and advocacy where she remains a member of the Board Julie is a frequent commentator on technology and policy issues for national media—particularly in the intellectual property space—and she has fled briefs with the Supreme Court and testifed before Congressional Committees She previously worked at the Electronic Frontier Foundation where she was a senior staff attorney and the Mark Cuban Chair to Eliminate Stupid Patents Before joining EFF Julie litigated IP and entertainment cases Prior to becoming a lawyer Julie spent time as a legislative assistant at the Media Coalition in New York as an assistant editor at the National Journal in D C and she worked at the National Center for Supercomputing Applications NCSA in Champaign IL Julie earned her J D from Vanderbilt University and her B S in journalism from the University of Illinois at Urbana-Champaign She serves on the Boards of Engine the National Coalition Against Censorship and the Internet Education Foundation on ABNY’s Steering Committee and on various Advisory Boards She was recently named one of Crain’s New York 40 under 40 and one of New York City’s 50 Most Powerful Women She lives in New York City with her family 10