Distinguished Lecture on the State of Internet Law
Presented by: The Ohio State Technology Law Journal
Featuring: Professor James Grimmelmann & Professor Mary Anne Franks
25 years ago, the launch of Netscape Navigator marked the start of the mainstream, commercial Internet age and created a new field of study known as cyber law. Since then, the internet has exceeded all expectations, both good and bad. At the quarter-century mark, the mood has changed and talk of tech regulation is in the air. What does the landscape ahead look like for cyber law? What will change and what will stay the same?
Please join us for lunch as we welcome two of the foremost thought-leaders in the field for a conversation on the state of the internet.
12pm, Friday, September 20, 2019
25 West 11th Avenue
Columbus, OH 43201
Registration is now closed.
James Grimmelmann is a Professor at Cornell Tech and in the Law School at Cornell University. He studies how laws regulating software affect freedom, wealth, and power. As a lawyer and technologist, he helps these two groups understand each other by writing about copyright and digitization, the regulation of search engines, privacy on social networks, and other topics in computer and Internet law.
He is the author of the casebook Internet Law: Cases and Problems, now in its fifth edition, and of over forty scholarly articles and essays. He has written for Slate, Salon, Wired, Ars Technica, and Publishers Weekly. He is also a regular source of expert commentary for major news media including the New York Times, the Wall Street Journal, the Washington Post, and All Things Considered. He and his students created the Public Index website to inform the public about the Google Books settlement.
Mary Anne Franks is a Professor of Law and Dean’s Distinguished Scholar at the University of Miami School of Law. She also serves as the President and Legislative & Tech Policy Director of the Cyber Civil Rights Initiative, a nonprofit organization dedicated to combating online abuse and discrimination.
Professor Franks is the author of The Cult of the Constitution: Our Deadly Devotion to Guns and Free Speech (Stanford Press, 2019). Her scholarship has appeared in the Harvard Law Review, California Law Review, and UCLA Law Review, among others. She has also authored numerous articles for the popular press, including the Atlantic, the Guardian, and TIME Magazine. Professor Franks has delivered more than a hundred lectures to a range of audiences in the U.S. and internationally, including law schools, domestic violence organizations, law firms, and tech companies.
In 2013, Professor Franks drafted the first model criminal statute on nonconsensual pornography (sometimes referred to as “revenge porn”), which has been used as the template for multiple state laws and for pending federal legislation on the issue. She also served as the reporter for the Uniform Law Commission’s 2018 Uniform Civil Remedies for the Unauthorized Disclosure of Intimate Images Act. She regularly advises legislators and tech industry leaders, including Google, Facebook, Twitter, and Microsoft, on issues relating to online privacy, extortion, harassment, and threats.
The Ohio State Technology Law Journal (OSTLJ) is an interdisciplinary journal devoted to the publication of cutting-edge research and writing at the intersection of law, policy, and technology. The journal is edited and published by the Moritz College of Law.
This event is co-sponsored by the Program on Data & Governance.
Artificial intelligence and automated systems have the potential to rework everything we think about labor, leisure, and our economic future. But ideas about how to integrate these non-human actors into the tax system are only beginning to emerge. This year’s symposium, Artificial Intelligence and the Future of Tax Law and Policy, will begin a robust policy discussion on the intersection of these developing technologies and tax law in the new digital economy. Some of the country’s foremost experts in tax and the digital economy will discuss how to write laws that robots can read, whether robots can or should be taxpayers, how AI will affect enforcement and compliance, and what the broader economic picture means for tax law and labor.
9:00 – 9:15 – Welcome
Peter M. Shane, Jacob E. Davis and Jacob E. Davis II Chair in Law, Moritz College of Law
Stephanie Hoffer, Professor of Law, Moritz College of Law
9:15 - 10:30 a.m. | Panel 1: Writing Laws that Robots Can Read
Allison Christians, Associate Dean (Research), H. Heward Stikeman Chair in Tax Law, McGill University
Sarah Lawsky, Benjamin Mazur Summer Research Professor of Law, Associate Dean of Academic Programs, Associate Dean of Finance, North-western Pritzker School of Law
Susan Morse, Angus G. Wynne, Sr. Professor in Civil Jurisprudence, The University of Texas at Austin School of Law
10:45 a.m. - Noon | Panel 2: Taxing Robots
Daniel Hemel, Assistant Professor of Law, The University of Chicago Law School
Stephanie Hoffer, Professor of Law, The Ohio State University Moritz College of Law
Robert Kovacev – Partner, Norton, Rose, Fulbright
12:15 - 1:30 p.m. | Lunch and Keynote Address
Nina Olson, National Taxpayer Advocate
1:45 - 3:15 p.m. | AI, the Labor Market, and Tax
Anton Korinek, Associate Professor of Business Administration, University of Virginia Darden School of Business
Jackie Taylor, Partner/Principal People Advisory Services - Americas Gov’t & Public Sector/Higher Education Leader, Ernst & Young LLP
3:30 - 4:45 p.m. | AI in Tax Compliance and Enforcement
Joshua Blank, Professor of Law, U.C. Irvine School of Law
Jeff Butler, Internal Revenue Service, Director Data Management, Research, Applied Analytics, and Statistics
Omri Marian, Professor of Law, U.C. Irvine School of Law
Leigh Osofsky, Professor of Law, UNC School of Law
“National Security, Emerging Technologies, and the Law” is a multidisciplinary exploration of emerging technologies that have profound implications for our national security and which pose important issues of both law and policy. Although lawyers and elected policy makers may have little understanding of the technical issues regarding cybersecurity or emerging capabilities in artificial intelligence, quantum computing, and cryptography, both the public and private sectors need to prepare for the global role such technologies will increasingly play.
Panels on Friday, March 23, 2018 will explain the new technologies and explore their national security implications. Experts will consider whether the U.S. has the optimal institutional arrangements in place for both effective defense and strategic decision-making, and whether our government has the skills and personnel adequate to stay ahead of the technology. The day’s discussion is intended to shed light on what roles government needs the private sector and the academy to play, and the kinds of oversight and public input will be necessary to assure legal and political accountability for decision making regarding new technologies in the national security domain. Panels on Saturday morning, March 24, 2018, will discuss how the role of technology in national security can effectively be taught in law schools, as well as the role of ethics in the use of national security technologies.
Our lunch hour keynote speaker on Friday, March 23, will be best-selling author and award-winning journalist David Ignatius, who will engage in conversation on the writing of both fiction and nonfiction focused on technology and national security.
Our conference represents a collaboration between I/S: A Journal of Law and Policy with the Standing Committee on Law and National Security (SCOLANS) of the American Bar Association. It is co-sponsored by the Moritz College of Law, and the College’s Center for Interdisciplinary Law and Policy Studies and its Program on Data and Governance.
The “big data” phenomenon holds forth the promise of unleashing great social advances. It also raises important challenges to privacy, fairness, and social trust. This is giving rise to a new field of law and policy studies aimed at maximizing the social value of big data while minimizing its associated risks. The 2017 I/S symposium, “Predictive Analytics, Law, and Policy: Mapping the Terrain,” will bring leading scholars together to start laying out something of an intellectual roadmap for this emerging field. This will be the journal’s first annual symposium co-sponsored by the College of Law’s new Program on Data and Governance.
Friday. March 24, 2017
9:00-9:15 a.m. – Welcome
Peter M. Shane, Jacob E. Davis and Jacob E. Davis II Chair in Law and Founding General Editor, I/S: A Journal of Law and Policy for the Information Society, Moritz College of Law, Ohio State University
9:15-9:30 – Predictive Analytics, Law and Policy: Some Key Questions
Dennis Hirsch, Professor of Law and Director, Program on Data and Governance, Moritz College of Law, Ohio State University
9:30-10:30 – Panel: Predictive Analytics: Cross-Cutting Issues of Policy (Audio)
Solon Barocas, Postdoctoral Researcher, Microsoft Research New York City Lab
Jules Polonetsky, CEO, Future of Privacy Forum
10:45-Noon – Panel: Predictive Analytics: Cross-Cutting Issues of Law (Audio)
David Robinson, Principal, Upturn
Katherine Jo Strandburg, Alfred B. Engelberg Professor of Law, NYU
Tal Zarsky, Professor, University of Haifa Faculty of Law
12:15-1:30 Lunch and Keynote Talk—The New World of Big Data and Artificial Intelligence: A Field Guide (Audio)
Steve Lohr, Reporter, New York Times
1:45-3 Panel: Predictive Analytics: Challenging Issues in Specific Private Sector Contexts (Audio)
Pam Dixon, Founder and Executive Director, World Privacy Forum
Nathan Cortez, Associate Dean for Research, Gerald J. Ford Research Fellow, and the Adelfa Botello Callejo Endowed Professor of Law in Leadership and Latino Studies
Matt Bodie, Callis Family Professor of Law and Director, Master of Science in Human Resources Law Program, Center for Employment Law, St. Louis University School of Law
3:15-4:30 Panel: Predictive Analytics: Challenging Issues in Specific Public Sector Contexts (Audio)
Jessica M. Eaglin, Associate Professor of Law, University of Indiana Maurer School of Law
Elana Zeide, Associate Research Scholar, Center for Information Technology Policy, Princeton University
Shaun B. Spencer, Interim Associate Dean for Academic Affairs, Assistant Professor of Law & Director of Legal Skills, UMass School of Law
Because people so often identify libraries with physical books, new digital information and communication technologies have spawned speculation whether libraries, as such, are obsolete. Libraries, however, predate books, and, in their modern form, libraries of all kinds – public libraries, research libraries, school libraries, professional libraries – still typically stand at the informational heart of the communities they serve. Digitization creates new challenges and opportunities, however, forcing libraries to both take on new roles and perform traditional roles in new ways.
The Future of Libraries in the Digital Age is an interdisciplinary exploration of the emerging roles of libraries, as well as the roles of law and public policy in shaping libraries’ missions. Law is especially salient in connection with reader privacy and copyright. On Thursday night, March 24, a panel of local librarians will discuss the challenges their institutions face, in conversation with Jeffrey T. Schnapp, Professor of Romance Languages & Literature and Comparative Literature at Harvard University, and a member of the teaching faculty in the Department of Architecture at Harvard’s Graduate School of Design. Professor Schnapp has been deeply involved in researching the history of libraries and in imagining the implication of libraries’ new roles for the design of libraries as physical space.
On Friday, March 25, panels of experts will discuss the roles of libraries, the implications of digitization for privacy and copyright, and the overall question whether there is a future for bricks-and-mortar libraries. Professor Schnapp will offer keynote remarks, as well as presenting two short films: Alain Resnais’s famous portrait of the Bibliotheque Nationale de France, Toute la mémoire du monde (1956), and Cold Storage, a web documentary Professor Schnapp helped to create, which offers a rumination on the state of libraries a half century after Resnais.
The Future of Libraries in the Digital Age is co-sponsored by the Moritz College of Law, the Center for Interdisciplinary Law and Policy Studies, and the John S. and James L. Knight Foundation.
Tom Wheeler, Chairman of the Federal Communications Commission, kicked off “The Future of Internet Regulation,” a public symposium organized by I/S: A Journal of Law and Policy for the Information Society, which took place on March 27, 2015 at Ohio State’s Moritz College of Law. The FCC is in the midst of an “open networks” rule making process. So far, the process has drawn over 1.1 million public comments. Why? Because the Internet is the central communications medium of our time. It poses unprecedented opportunities and challenges in virtually every domain of social, economic, political and cultural life. How governments respond will have enormous impacts. Following Chairman Wheeler’s opening policy keynote, panels of distinguished academics discussed such critical issues as net neutrality, Internet freedom, and the future of Internet governance. The day concluded with a lecture by William Dutton, formerly the founding director of the Oxford Internet Institute.
“Big Data Future” opened with a keynote address by Joel Gurin, a senior advisor to the Governance Lab at New York University and former editorial director and executive vice president of Consumers Union. The other panel discussions had topics ranging from the governance of big data, to big data’s impact on health, education, and welfare. Panelists came from a variety of fields in the university, government and private sectors, with some that came from high-profile companies such as IBM, Twitter and Microsoft.
Broadband offers extraordinary potential for innovation and, with that, poses key legal and public policy challenges. “Competition and Innovation in the Broadband Age,” a symposium held March 22 at The Ohio State University, sought to explore this potential as well as its impact on economic competition in three contexts: telecom regulation, cloud computing, and search technology.
Keynote speaker Christopher S. Yoo, founding director of the University of Pennsylvania Law School Center for Technology, Innovation & Competition, and other industry leaders held a multidisciplinary discussion on the broadband industry. Topics covered included: competition and innovation in the U.S. broadband industry; competition, innovation, and cloud computing; competition and innovation in search; and foreign competition policy and U.S. high-tech industries.
“The Future of Online Journalism: News, Community, and Democracy in the Digital Age” brought together leading figures from communication studies, economics, journalism, law, and sociology to discuss the economic viability of online news and the impact of online journalism on community information needs and democratic self-governance.
Cybersecurity – whether in contexts as gripping as “cyberwar” or as mundane (but potentially devastating) as identity theft – is now the stuff of daily headlines. The April 1, 2011, I/S Symposium, “Cybersecurity: Shared Risks, Shared Responsibility” approached this subject with two ambitions. The first was to move beyond generalities in specifying the roles and responsibilities both the public and private sectors will have to shoulder in order for the United States to share global leadership in cybersecurity. The second was to bring together the many sub-communities of researchers, policy makers, and professionals around the globe who focus on cybersecurity from its many angles into a larger community interested in developing this analysis.
The phenomenon that perhaps most distinctively characterizes the generation of Americans born since 1990 is its pervasive engagement with social media – media enabled by the proliferation of new digital (and frequently mobile) information and communication technologies. Both old and new media are consequently awash in near-daily discussions about the implications of this phenomenon for young people’s safety, privacy, free expression, cultural engagement, sense of identity, and civic role.
The Ohio State University’s Moritz College of Law and Wexner Center for the Arts have collaborated for a novel discussion on the implications of mashup and remix in the world of Web 2.0. Recent technological developments have created a wave of user-generated content in which pre-existing sounds and images are appropriated, reshaped, and shared with unprecedented ease. Bringing together new media artists, prominent academics, and influential members of the media community, this event discussed ways in which the digitization of music, film, and visual art over the internet is influencing the future of these industries and the future of copyright law.
E-Governance: The Internet now offers the world an unprecedented capacity to foster the sharing of information and to facilitate sustained, many-to-many communication. The networking of citizens with their governments, with each other, and with the organs of civil society has created unprecedented opportunities for popular engagement in the public sphere. The Symposium featured researchers from Australia, England, France, Israel, Italy, Korea and Slovenia, as well as the United States, addressing a variety of e-democracy issues from a diverse interdisciplinary background and both theoretical and applied research.
For the first time in more than 50 years, Congress is considering major reforms to the patent system. Reform bills and proposals have come on the heels of much criticism from businesses (including many in the technology and software industries), from legal commentators and practitioners, and even from parts of the federal government itself (including the Federal Trade Commission’s 2003 report, To Promote Innovation: The Proper Balance Between Competition and Patent Law and Policy). Is the patent system in need of major reforms? If so, what should those reforms entail? This symposium examined these questions and “The Future of Patent Reform” in the United States.
The Center for Interdisciplinary Law and Policy Studies and I/S partnered with the IAPP, the world’s leading association of privacy and security professionals. CLPSS and I/S programmed a privacy track at the IAPP’s annual privacy summit. The IAPP is the world’s leading association of privacy and security professionals. With more than 1,000 individual and corporate members, the IAPP defines and supports the profession of privacy by being a forum for interaction, education and discussion across industries.