Episodes of Legal Frontiers in Digital Media Podcast

EU Updates: Cross-Border Takedown Enforcement & EU Copyright Directive

This session will take an in-depth look at legal strategies for protecting anonymous speech online from the perspective of the platforms that provide the channels of communication, as well as from users seeking to maintain their online anonymit

In Conversation: A Fourth Amendment for the Digital Age

Practioners from Europe will bring us the latest developments on global takedown cases working their way through the European courts (e.g., CNIL v. Google; Glawischnig v. Facebook); and controversial provisions of the EU Copyright Directive tha

Free Speech for Product Counsel

In its landmark decision in Carpenter v. United States, the Supreme Court held that the Fourth Amendment requires that law enforcement obtain a warrant before gathering historic cell site location data about a suspect from cellular service prov

Inline Linking After Goldman v. Breitbart

Many decisions that affect public discourse on online platforms are made before the first user logs on. Speech on the internet is shaped by platforms’ structural choices including: the length of permitted submissions; whether posts are permanen

Face-Swapping Technology: Dignity, Privacy & the First Amendment

Does one infringe a copyright by in-line linking? If so, how much will our internet be shrinking? Just how pervasive are in-line linking, embedding and framing in today’s digital media? A content development and distribution pro first explains

Kara Swisher in Conversation with Sarah Jeong

New machine-learning technology is allowing even amateur video editors to conjure videos that convincingly replace people’s faces with those of others – frequently unwitting celebrities – to both creative and destructive ends. This digital face

Scraping By with the Computer Fraud & Abuse Act

Kara Swisher, influential technology journalist and co-founder of Recode, speaks with fellow journalist, Sarah Jeong, on the state of the tech world in a climate where Silicon Valley is facing growing scrutiny from public officials and the publ

Women in Tech: Is Climate Change Coming?

The Computer Fraud & Abuse Act was enacted by Congress in 1986, primarily as a tool to criminally prosecute hackers, in an era before the web and online publishing, when the internet was mostly used by a small universe of academics, government

How Algorithms & Machine Learning Work

It has been approximately a year since the Uber scandal uncovered a culture of sexual harassment and gender bias in the tech community. Silicon Valley still faces a dearth of female founders and women are still underrepresented at executive lev

Combatting Internet Disinformation Campaigns

This session will begin with a tutorial on how algorithms and machine learning work in order to provide lawyers with a better understanding of how these technologies apply to solving real world problems. For example: how does machine learning h

Under Pressure: Hosting and Unhosting Objectionable Content

Whether by foreign governments like Russia, or by fraudsters and other individuals wishing to influence opinion and actions on the internet for their own ends, disinformation campaigns have become an acute problem that social media sites are fa

Cracks in the Safe Harbor: Digital Copyright at Home and Abroad

Increasingly, platforms have been under pressure on a number of fronts to take down, moderate and/or stop hosting objectionable groups and content, such as content originating from white supremacists, alleged sex traffickers, terrorist groups a

Europe’s War on U.S. Platforms

Copyrights are granted globally and digital content on platforms is distributed globally. Therefore, publishers and digital platforms must consider a global approach to content management and copyright. In the U.S., the notice and takedown prov

Transfer of Title: The Future of Net Neutrality in the Wake of Internet Deregulation

Europe’s War on U.S. Platforms Many government entities in the EU appear to be gunning for U.S.-based digital companies. This is reflected in the new copyright law discussed in the earlier panel, but is also seen in a variety of data protection

Under Fire: The Front Lines of Recent Section 230 Battles

The new FCC Chairman, Ajit Pai, has announced his intention to repeal the FCC’s 2015 Open Internet Order that had brought the internet under Title II common carrier regulation and to reclassify ISPs as Title I information services. There is sur

Bridging Divides: Interfacing with Law Enforcement and Intelligence Agencies

During the past year or so, a number of court decisions have chipped away at the protection of Section 230. Recently, courts have appeared receptive to claims that fall outside the usual ambit of publishing torts, where, e.g., a duty to warn wa

Online Community Values: Free Speech and Social Responsibility in Privately Owned Forums

This session will bring together government agents and in-house counsel, who often must call upon one another to investigate and stop cyber threats from hackers, terrorist organizations and violent extremist groups. What issues arise when digit

Live and Everywhere: Digital Video in the Age of Vine, Snapchat & Periscope

This panel will explore increasingly common (and sometimes controversial) situations where digital companies must balance free speech, liberty, security and other interests of their users (along with the platform’s own right to speak and create

Lightning Round: Roundup of Key Legal Developments

Remarkable advances in technology now allow every person with a smartphone, tablet or GoPro the ability to produce and distribute their own video content, immediately and globally. The recording of events from all angles presents challenges to

Digital Media Meets Data Nationalism: Global Strategies to Cope

Our lightning round panel will discuss the key takeaways from new developments in topics critical to clients publishing, monetizing, and utilizing digital content, including: (1) the Lanham Act (including commercialization of online content), (

Crypto-Controversy: Beyond the San Bernardino iPhone Dispute

By role-playing a series of take-down and user data request scenarios involving the EU, South America and elsewhere–even the US–a panel of experienced digital media counsel/insiders will provide both legal and practical guidance on facing the c

Copyrights and Wrongs: Reforming Copyright Overreach

While the legal battle between Apple and the FBI created a firestorm of controversy, this session will aim to take our audience beyond the sensational headlines and political rhetoric, and delve into the technology, legal issues and public poli

Around the Block: New Realities in Ad-Blocked Digital Media

Copyright law is increasingly being used – contrary to its intended purpose of incentivizing works of creation by authors and artists — by aggrieved persons wishing to remove negative or embarrassing content about them from the internet. While