U S DEPARTMENT OF JUSTICE Section 230 — Nurturing Innovation or Fostering Unaccountability February 19 2020 Robert F Kennedy Department of Justice Building Washington D C U S DEPARTMENT OF JUSTICE Section 230 — Nurturing Innovation or Fostering Unaccountability A F T E R N O O N R O U N D TA B L E B I O S Stewart A Baker Washington D C Stewart Baker practices law in Washington D C From 2005 to 2009 he was the frst Assistant Secretary for Policy at the Department of Homeland Security He has been General Counsel of the National Security Agency and of the commission that investigated WMD intelligence failures prior to the Iraq war He has been awarded one patent He is the author of Skating on Stilts a book on terrorism cybersecurity and other technology issues he also hosts the weekly Cyberlaw Podcast Elizabeth Banker Deputy General Counsel Internet Association Elizabeth Banker is Deputy General Counsel at Internet Association Banker has advised technology companies for more than twenty years on content moderation online safety and law enforcement response She spent a decade at Yahoo Inc where she was VP Associate General Counsel for Global Law Enforcement Security and Safety While there Banker testifed twice before Congress regarding child online safety helped form the Technology Coalition sat on NTIA’s Online Safety and Technology Working Group and participated in other efforts to promote industry collaboration and public-private partnership Recently she spent three years at Twitter where she was Senior Director for Global Law Enforcement and Safety Banker advised technology companies as outside counsel for fve years while a shareholder at ZwillGen PLLC and worked on encryption export controls and policy while an associate at Steptoe Johnson She served as Assistant General Counsel to the President’s Commission on Critical Infrastructure Protection Adam Candeub Professor of Law Michigan State University Adam Candeub is a professor of law at Michigan State University where he directs its IP Intellectual Property and Communications Law Program Prior to entering academics he worked at private frms in D C and served as an attorney-advisor at the Federal Communications Commission He has written extensively on section 230 both in law reviews and popular outlets including the Wall Street Journal and US News He has also served as lead counsel in lawsuits representing individuals whom Twitter deplatformed including Murphy v Twitter currently on appeal to the California Court of Appeals 3 A F T E R N O O N R O U N D TA B L E B I O S 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 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 4 A F T E R N O O N R O U N D TA B L E B I O S 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 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 Yaël Eisenstat Visiting Fellow Cornell Tech Yaël is a Visiting Fellow at Cornell Tech in the Digital Life Initiative where she explores technology’s effects on civil discourse and democracy and teaches a graduate course on “Tech Media and Democracy ” In 2018 she was the Global Head of Elections Integrity Operations in Facebook’s business integrity org Previously she spent 18 years working around the globe as a CIA offcer a national security 5 A F T E R N O O N R O U N D TA B L E B I O S advisor to Vice President Biden a diplomat a corporate social responsibility strategist at ExxonMobil and the head of a global risk frm Yaël works with governments tech companies and investors focused on the intersection of ethics tech society and policy Professor Mary Anne Franks 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 Dan Gainor Vice President Business and Culture Tech Watch Dan Gainor is the T Boone Pickens Fellow and Vice President for TechWatch Business and Culture for the Media Research Center He is a veteran editor with more than 20 years in news and another 15 years as a media critic Gainor worked as a managing editor for CQ com the website of Congressional Quarterly and executive editor for ChangeWave published by Phillips International He has been extensively interviewed on both radio and TV — including everything from Fox News and Fox Business to CNN and CNBC His work has been published or cited widely in print and online Gainor holds an MBA from the University of Maryland’s Robert H Smith School of Business and a master’s in publications design from the University of Baltimore As an undergraduate he majored in political science and history at the University of Maryland Baltimore County 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 6 A F T E R N O O N R O U N D TA B L E B I O S 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 Professor Kate Klonick 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 Professor Jeff Kosseff 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 Rick Lane Founder Iggy Ventures LLC Rick Lane is the founder and CEO of Iggy Ventures LLC Iggy Ventures focuses on advising and investing in startups projects and public policy initiatives that can have a positive societal impact Rick served from 2001 – 2016 as the Senior Vice President of Government Affairs for News Corporation 21st Century Fox where he was responsible for coordinating the development and implementation of the Company’s public policy activities with a focus on digital distribution Before joining Fox Rick was the Director of Congressional Affairs focusing on e-Commerce and Internet public policy issues for the United States Chamber of Commerce Rick has served on a variety of federal state local committees including his participation as a member of the USTR’s Joint Government-Private Sector Committee on 7 A F T E R N O O N R O U N D TA B L E B I O S Experts on Electronic Commerce the Federal Trade Commission’s Advisory Committee on Online Access and Security and the Virginia Attorney General’s Online Safety Task Force He currently serves on the Board of Directors of Horton’s Kids a community-based 501 c 3 whose goal is to empower at-risk children in Washington D C and prepare them for college career and life through educational opportunities and comprehensive programs tailored to their needs Emma Llansó Center for Democracy and Technology Emma Llansó is the Director of CDT’s Free Expression Project which works to promote law and policy that support Internet users’ free expression rights in the United States and around the world This work spans many subjects including human traffcking privacy counter-terrorism online child safety and online harassment Emma leads CDT’s legislative advocacy and amicus activity in the U S and the E U focused on protecting fundamental rights to freedom of expression She also works to develop content policy best practices with Internet content platforms and advocates for transparency and accountability in content moderation including in the use of automation as part of content moderation systems Emma serves on the Board of the Global Network Initiative and is a member of the Freedom Online Coalition Advisory Network She earned a B A in anthropology from the University of Delaware and a J D from Yale Law School 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 Corynne McSherry Legal Director Electronic Frontier Foundation Corynne McSherry is the Legal Director at the Electronic Frontier Foundation specializing in intellectual property intermediary liability and free speech She comments regularly on Section 230 of the Communications Decency Act in a variety of fora including testifying before Congress in 2019 and is part of the litigation team challenging the constitutionality of the 2018 amendments contained in SESTA FOSTA She has been named one of California’s Top Entertainment Lawyers and was named AmLaw’s “Litigator of the Week” for her work on Lenz v Universal Prior to joining EFF Dr McSherry was a civil litigator at the law frm of Bingham McCutch8 A F T E R N O O N R O U N D TA B L E B I O S en LLP She holds a B A from the University of California at Santa Cruz a Ph D from the University of California at San Diego and a J D from Stanford Law School While in law school she published Who Owns Academic Work Battling for Control of Intellectual Property Harvard University Press 2001 Gretchen Peters Executive Director Alliance to Counter Crime Online Executive Director The Center on Illicit Networks and Transnational Organized Crime which runs the Alliance to Counter Crime Online ACCO Gretchen’s expertise is in mapping transnational organized crime networks and pinpointing ways to defeat them She has worked with U S Central Command and U S Special Operations Command as well as multiple conservation groups Gretchen co-chaired an OECD Task Force on fighting wildlife crime and authored the book Seeds of Terror about the Taliban’s role in the Afghan heroin trade Gretchen appeared on The Daily Show and in other leading media outlets to discuss organized crime She delivered presentations and training programs about online crime wildlife traffcking transnational organized crime and the global drug trade to U S and multinational entities including the U N Offce on Drugs and Crime the U S State Department the Department of Justice Homeland Security and she has provided training to U S and NATO troops deploying to Afghanistan 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 Alan Rozenshtein Associate Professor of Law University of Minnesota Law School Alan Rozenshtein is an associate professor of law at the University of Minnesota Law School and is a contributing editor at Lawfare He previously served as an 9 A F T E R N O O N R O U N D TA B L E B I O S attorney advisor in the Offce of Law and Policy in the National Security Division of the U S Department of Justice and as a special assistant United States attorney for the District of Maryland 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 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 Mary Saunders Vice President Government Relations and Public Policy American National Standards Institute Mary Saunders leads ANSI’s efforts to advocate greater use of voluntary consensus standards and conformance programs by government agencies and broader participation by agency personnel in standards development She works with ANSI members to create standardization-related outreach programs to legislators and to increase understanding of the private-sector standards community among agencies involved in trade and commerce issues Ms Saunders has extensive federal government executive-level experience and served in a variety of positions within the Department of Commerce prior to joining the ANSI staff most recently as the Associate Director for Management Resources at the National Institute of Standards and Technology NIST As Director of NIST’s Standards Coordination Offce she represented NIST 10 A F T E R N O O N R O U N D TA B L E B I O S and its signifcant interests in the standards and conformity assessment community advising the NIST Director and other offcials throughout the Administration on policy and strategy as they relate to the federal government’s role in standardization 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 Abigail Slater Senior Vice President Policy and Strategy Fox Corporation Abigail Slater is a Senior Vice President for Policy and Strategy at Fox Corporation in Washington DC She is a seasoned policy professional with particular expertise in technology policy as it relates to the digital economy including Section 230 From 2018-2019 she served on the White House National Economic Council where she managed the technology telco and cyber policy portfolio for Director Kudlow 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 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 posi11 A F T E R N O O N R O U N D TA B L E B I O S tions 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 Alex Stamos Director Stanford Internet Observatory Alex Stamos is a cybersecurity expert educator and entrepreneur working to improve the security and safety of the Internet as the Director of the Stanford Internet Observatory Stamos is an Adjunct Professor at Stanford’s Freeman-Spogli Institute a lecturer in the Computer Science department and a visiting scholar at the Hoover Institution As a Chief Security Officer at Facebook and Yahoo and a co-founder of iSEC Partners Alex has investigated and responded to some of the most seminal events in the short history of cybersecurity and has been called the “Forrest Gump of InfoSec” by friends He is working on election security as a member of the Annan Commission on Elections and Democracy and advising NATO’s Cybersecurity Center of Excellence He has spoken on six continents testified in Congress served as an expert witness for the wrongly accused earned a BSEE from UC Berkeley and holds five patents Rebecca Tushnet Professor of Law Harvard Law School Rebecca Tushnet is the inaugural Frank Stanton Professor of First Amendment Law at Harvard Law School She clerked for Associate Justice David H Souter and previously taught at NYU and Georgetown Her work focuses on copyright trademark and advertising law With Eric Goldman she publishes a casebook on advertising and marketing law She helped found the Organization for Transformative Works a nonproft dedicated to supporting and promoting fanworks Her blog tushnet blogspot com is one of the top intellectual property blogs and her writings may be found at tushnet com She is also an expert on the law of engagement rings Eugene Volokh Professor of Law University of California Los Angeles Eugene Volokh is the Gary T Schwartz Professor of Law at UCLA School of Law where he specializes in First Amendment law and Internet law He has written ninety law review articles on those and other subjects in particular he has written extensively about Internet law since his Cheap Speech and What It Will Do 104 Yale Law Journal 1805 1995 and Freedom of Speech in Cyberspace from the Listener’s 12 A F T E R N O O N R O U N D TA B L E B I O S Perspective 1996 University of Chicago Legal Forum 377 He was also one of the earliest law bloggers founding his Volokh Conspiracy blog in 2002 and he has litigated many appellate cases related to free speech arguing 30 such cases in the last seven years Professor Benjamin Zipursky Fordham University School of Law 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 associate at the New York offce of Arnold Porter 13