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Monday 24 July 2017

Full Day of Working Sessions with Lunch

Radisson Blu Hotel, Karl-Liebknecht-Strasse 3, 10178 Berlin

Law in the Age of Hyperconnectivity

8:15 am Registration


Session 1: Chair - Juliane von Reppert-Bismarck, Journalist and Founder, Lie Detectors, Brussels

8:30 am Morning Keynote Speaker

Vera Lengsfeld, Author, Civil Rights Activist and Former Member of the German Federal Parliament, Berlin

REFLECTIONS ON STATE AND MASS SURVEILLANCE: THEN AND NOW

Vera Lengsfeld will share her experiences as a dissident under the East German communist regime, when she was under surveillance by the Stasi for a number of years, comparing this with surveillance in various forms that takes place today, with reflections on implications for democracy in our society.


9:00 am Questions and Discussion


9:10 am TOO MUCH DATA, TOO LITTLE REGULATION?

Dr Sandra Wachter, Data Ethics, Big Data, Artificial Intelligence, Algorithms, Privacy and Data Protection Expert, The Oxford Internet Institute, Oxford

The pervasiveness of giant online platforms such as Google, Facebook and others and our addiction to them means that vast amounts of personal data are being amassed like never before in history. We mostly use these platforms for free, but actually we pay in a different currency - with our personal data, and that data is then monetised. Sandra Wachter will explain the technologies used by these platforms, some of the implications of AI and algorithms which use "big data", with observations as to how they are presently being and might in the future be regulated in line with ethical, antitrust, privacy and data protection principles.


9:40 am YOU AND ME AGAINST FACEBOOK

Max Schrems, Lawyer and Privacy Activist, Vienna

What privacy and data protection laws exist to protect individual users of Facebook in Europe? Is the law being respected? What can users do to enforce their rights and hold Facebook to account? Does the United States afford an adequate level of protection to the data of European Facebook users transferred across the Atlantic? Are the so-called standard contractual clauses which Facebook users have no choice but to accept, which allow Facebook to transfer data outside of Europe, valid? Since 2011, Max Schrems has devoted himself to precisely these issues, chalking up a series of impressive victories against Facebook and changing the privacy landscape.


10:10 am PREPARING FOR THE IMPLEMENTATION OF THE EU’s NEW DATA PROTECTION REGULATION

Lanah Kammourieh Donnelly, Public Policy Manager, Google, London

The EU’s new General Data Protection Regulation (GDPR) will take effect in May 2018. It seeks to update and harmonise data protection across the EU and to strengthen data subject rights, for example by making it easier to transfer personal data between service providers. The GDPR is the first major revision of EU personal data protections in over two decades. As a result, for companies, and across all industries, understanding and preparing for these new rules requires significant work and advance planning. Lanah Kammourieh Donnelly will explain how Google is getting ready for the GDPR, focusing on transparency, privacy controls, and user trust.


10:40 am Questions and Discussion


10:50 am Coffee Break


Session 2: Chair – Erica Stein, Dechert LLP, Brussels

11:05 am CHILDREN’S RIGHTS IN A DIGITAL WORLD

Patrick Geary, Corporate Social Responsibility Specialist – Children’s Rights, UNICEF, Geneva

Today, children’s personal data is collected almost from birth, with wearable trackers being introduced in the bassinet and infant photographs adorning parents’ online profiles. Individual children are intimately known and understood by commercial forces long before they make their first purchase. Patrick Geary will talk about the nature of children’s right to privacy, threats to that right, and the role of the ICT sector in mitigating and ameliorating those threats, as well as legal and policy measures being advocated by UNICEF. He will also explain UNICEF’s most recent work on the tensions between children’s rights to protection from violence and their rights to freedom of expression, association, access to information and participation.


11:35 am SPOTTING THE COUNTERFEIT: EDUCATING CHILDREN TO DIFFERENTIATE BETWEEN FAKE AND REAL NEWS ONLINE

Juliane von Reppert-Bismarck, Journalist and Founder, Lie Detectors, Brussels

Fake news is everywhere, influencing public opinions and elections and thereby having a profound effect on our society. Differentiating fake from real news is difficult for adults, and an even greater challenge for children. Juliane von Reppert-Bismarck will talk about the phenomenon of fake news, not kept in check by the ethics and standards of traditional journalism, and the work of the non-profit organisation Lie Detectors in educating children to understand the difference.


12:05 am WHY FAKE NEWS IS AN ANTITRUST PROBLEM AND HOW TECH PLATFORMS COMPETE UNFAIRLY AGAINST REAL NEWS

Sally Hubbard, Investigative Journalist and Attorney, The Capitol Forum, New York

Fake news proliferates on platforms such as Facebook and Google, with 44% of the US population getting news from Facebook. Facebook’s design features deter users from clicking to legitimate news publishers’ sites. Will Lewis, Dow Jones CEO and Wall Street Journal publisher has accused both companies of “killing news”. Sally Hubbard, a former antitrust enforcer, will explain why fake news is an antitrust problem, and what competition regulators can and are doing about it.


12:35 pm FORCING DISCLOSURE: THE U.S. FREEDOM OF INFORMATION ACT AS A TRANSPARENCY TOOL FOR JOURNALISTS AND LAWYERS

Brandon Smith, Investigative Journalist & U.S. Freedom of Information Act Expert, The Capitol Forum, Washington DC

The U.S. Freedom of Information Act (FOIA) and its many state equivalents allow people to access information from U.S. federal and state governments. In recent years, FOIA has enabled the uncovering of a number of uncomfortable truths which have outraged the public when reported by the media, and forced federal and state governments to change their ways. Brandon Smith will explain how this legislation works, and why persistence can pay off to the benefit of both lawyers and journalists.


1:05 pm Questions and Discussion


1:15 pm Lunch


Session 3: Chair – Sally Hubbard, The Capitol Forum, New York

2:00 pm Afternoon Keynote Speaker

DEFINING THE BOUNDARIES: THE CJEU’s SEMINAL ROLE IN SHAPING EUROPEAN PRIVACY & DATA PROTECTION LAW

Christopher Vajda Judge, Court of Justice of the European Union, Luxemburg

The Court of Justice of the European Union has handed down a number of landmark decisions in the area of privacy, data protection and fundamental rights over the last few years, including the renowned 2014 “right to be forgotten” judgment, the 2015 Schrems decision declaring the European Commission’s Safe Harbour Decision invalid, and a 2016 finding that EU law precludes national legislation that prescribes the general and indiscriminate retention of data by mobile phone operators.


2:30 pm Questions and Discussion


2:40 pm CHALLENGES FOR REGULATORS IN DYNAMIC AND FAST-MOVING MARKETS

Kristina Barbov, Senior Advisor, Competition and Regulatory Law, BT Group, London

As consolidation has been taking place in the telecoms sector across Europe in recent years, competition law has been playing an important role. Kristina will look at how remedies can be crafted appropriately in dynamic and fast-moving markets to deal with competitive harm, and ex ante remedies which are used to deal with regulatory concerns, including functional and structural separation. She will also share her thoughts on the challenges for policy makers as 5G becomes a reality.


3:10 pm THE INTERNET OF THINGS MEETS THE LAW

Giulio Coraggio, Technology Lawyer, DLA Piper, Milan

These days a humble toothbrush can collect data about our oral hygiene habits and transmit it anywhere via an Internet connection. What exactly is the Internet of Things (IoT), and what laws apply? Experts predict that half of new businesses will run on the IoT by 2020. Giulio Coraggio will talk about how we as lawyers can advise businesses on how to maximise the opportunities presented by this “fourth industrial revolution” while minimising legal and regulatory risk.


3:40 pm Questions and Discussion


3:50 pm Coffee Break


Session 4: Chair - Christopher Vajda, Judge, Court of Justice of the European Union, Luxemburg

4:00 pm FIGHTING OVER DOMAIN NAMES: TERRITORIAL DISPUTES IN CYBERSPACE

Erica Stein, Domain Name Dispute Resolution Specialist, Dechert LLP, Brussels

In the last few years, there has been an explosion in the number of new generic top level domain names (gTLDs) following the implementation of ICANN’s so-called New gTLD Program. The traditional old favourites, including .com, .net and .org are being joined by a host of far more inventive gTLDs, which can have considerable commercial value for those authorised to operate the corresponding gTLD registry, such as .amazon, .search and .tunes. But should an online shopping platform be able to claim a gTLD such as .amazon, or should South American governments be able to use that gTLD for environmental protection? Erica Stein has been at the forefront of resolving a number of such high profile disputes.


4:30 pm YANDEX v. GOOGLE: THE FIGHT TO BE PRE-INSTALLED ON ANDROID PHONES

Evgeny Khokhlov, Antitrust Partner, Antitrust Advisory, Moscow

In early 2015, Evgeny Khokhlov assisted the Russian search engine Yandex in filing a complaint with the Russian competition authority alleging that Google was abusing its dominant position in Russia by entering into agreements with third-party device manufacturers which prevented those manufacturers from pre-installing apps on the Android operating system which would compete with Google’s search engine and other applications. Evgeny will outline the case, which recently resulted in a victory for Yandex and a fine for Google, and share his thoughts on a similar pending case against Google by the European Commission.


5:00 pm THE LACK OF WOMEN COMPETITION PROFESSIONALS, EXAMINED THROUGH AN ANTITRUST LENS

Evelina Kurgonaite, Founder and Chair, W@, Brussels

As a competition lawyer, Evelina Kurgonaite has long been concerned about the limited number of women competition professionals in particular at higher levels in agencies, private practice and companies. This inspired her to establish W@ – a platform for women professionals. She will discuss her views as to how principles well understood by antitrust lawyers, such as collective dominance, maverick disruption and network effects, help explain market dynamics in this field, or indeed, in many others.


5:30 pm Questions and Discussion


5:45 pm Close


Download Monday programme as a pdf