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Law and Regulation of "Intermediary" Businesses 2014: Consumer-Facing Technology Providers, Online Platforms, and Online Media


Speaker(s): Andrew P. Bridges, Catherine R. Gellis, Corynne McSherry, David Snead, J. Scott Evans, James X. Dempsey, Jedediah Wakefield, Judge A. Howard Matz (Ret.), Kelly M. Klaus, Kerry O’Brien, Laura H. Covington, Laurent Crenshaw, Margot E. Kaminski, Matt Zimmerman, Michal Rosenn, Michelle Paulson, Paul E. Sieminski, Stacey Wexler, Thomas C. Rubin
Recorded on: Nov. 5, 2014
PLI Program #: 57218

Paul Sieminski is General Counsel of Automattic – the Company behind WordPress – and in that capacity oversees the Company’s worldwide legal activities. His work includes support for all of the Company’s business units, management of M&A, financing transactions and strategic partnerships. In addition, Paul manages Automattic’s public policy and government advocacy work. He also oversees the Company’s intellectual property portfolio and is in charge of developing user friendly privacy and DMCA policies to advance Automattic’s mission to democratize publishing, and promote free expression on the internet.


Andrew Bridges represents innovators and their companies in a wide variety of important matters typically involving new technologies or business models, often when a company’s or an entire industry’s future is at stake.  His practice includes complex litigation, high-stakes counseling, and policy advice in Internet, copyright, trademark, advertising, unfair competition, consumer protection, and commercial law matters.  He advises entrepreneurs and companies that develop or promote new products, technologies, or business models in the face of potential legal challenges.  In addition, he has advised many important Internet and technology companies on their branding and trademark portfolios as well as litigating their rights.

Among his major litigation successes are:

  • Defending Diamond Multimedia in RIAA v. Diamond Multimedia (challenge to MP3 players)
  • Defending Google in Perfect 10 v. Google (Amazon.com)(challenge to search engine)
  • Defending MasterCard in Perfect 10 v. VISA and MasterCard (challenge to payment processing for alleged infringers)
  • Defending ClearPlay in Huntsman v. Soderbergh (challenge to DVD replay filtering software)
  • Enforcing Bare Escentuals’ rights against Intelligent Beauty (trademark and false advertising)
  • Representing Richard O’Dwyer (UK university student) in avoiding extradition from UK and prosecution in US for operating linking site
  • Representing owner of dajaz1.com in recovering domain after seizure by Homeland Security in Operation In Our Sites
  • Defending Giganews in Perfect 10 v. Giganews (challenge to Usenet service provider; obtained award of $5.6 million in attorneys’ fees for prevailing defendants)

He has authored several important amicus curiae briefs, including representation of eBay, Facebook, IAC/InterActiveCorp, and Yahoo! in Viacom v. YouTube (2d Cir.) and 11 Internet companies in Garcia v. Google (9th Cir.).

 Honors and Accolades

  • California State Bar Intellectual Property Section Vanguard Award winner (private practice category), 2014
  • LA and SF Daily Journal, Top 100 Lawyers in California (2008); Top100 IP Lawyers/Litigators in California (2008-2014)
  • Chambers USA, frequently Band 1 or 2 in Trademark, Copyright, and Trade Secrets, California; Chambers Global
  • World Trademark Review WTR1000, Band 1 in Trademark Litigation – California
  • Legal Media Group “Best of the Best” in Trademark Law
  • Best Lawyers in America (IP Lit., Copyright, Trademark)

 Education

  • Harvard Law School, J.D. cum laude 1983
  • University of Oxford (Merton College), B.A. in philosophy and ancient history, 1980; M.A., 1985
  • Stanford University, A.B. in Greek and Latin with distinction, Phi Beta Kappa, 1976

 Positions and Memberships

  • Early Neutral Evaluator, U.S. District Court, N.D. Cal.
  • WIPO Domain Name Arbitrator
  • Member of Advisory Board, Electronic Frontier Foundation
  • Law Clerk to Hon. Marvin H. Shoob, U.S. District Court for the Northern District of Georgia (1983-85)
  • Active in numerous organizations, including:
    • Copyright Society of the USA
    • International Trademark Association
    • International Technology Law Association
    • Media Law Resource Center
    • American Intellectual Property Law Association
    • American Bar Association
    • Federal Bar Association
    • International Bar Association
    • American Society for International Law
    • Association of Business Trial Lawyers
    • United States Council for International Business
    • Digital Economy and Intellectual Property Commissions, International Chamber of Commerce
    • Business and Industry Advisory Committee to OECD
  • Trustee, American School of Classical Studies at Athens


David Snead works exclusively with companies and individuals involved in the infrastructure supporting the Internet and those who create and distribute products and services electronically.

His focus provides him the opportunity to work one-on-one with clients as a partner with their businesses, rather than as a fireman brought in only when legal problems threaten the existence of their business.  Clients receive precise and targeted advice on issues that immediately affect their bottom line.  He works hand-in-hand with managers, technical support and customer service employees to create risk mitigation strategies that address immediate legal risks to their business. He has represented clients in the following areas: licensing, copyright counseling, export and import licensing, telecommunications and bandwidth, partnerships and join ventures and dispute resolution.

Over the past ten years, he represented entities ranging from Fortune 100 companies to start-up businesses.  In addition to his legal practice, David is the co-founder and Public Policy Chair for the Internet Infrastructure Coalition (i2Coalition).


J. Scott received his undergraduate degree from Baylor University and his Juris Doctor cum laude in 1992 from the Louis D. Brandeis School of Law at The University of Louisville. He first served as Corporate Counsel for Fruit of the Loom where he was responsible for managing the international intellectual property portfolios for Fruit of the Loom and its associate companies The B.V.D. Licensing Corporation, Gitano, Pro Player and Salem Sportswear, Inc. In November 1996, Mr. Evans joined Adams Evans P.A. where he continued to concentrate his practice in the areas of trademark, copyright, unfair competition and Internet law. In November 2007, he joined the legal team at Yahoo! Inc., where he served as a Senior Legal Director – Global Brands, Domains & Copyright.  In October 2013, J.Scott joined Adobe Systems as Associate General Counsel responsible for global trademarks, copyright, domains and marketing.

On three separate occasions, Managing Intellectual Property magazine voted J. Scott one of the 50 Most Influential People in IP (2009, 2011, 2013).  J. Scott is also President-Elect of the International Trademark Association, where he serves on the Executive Committee and chairs the Planning Committee.


Jim Dempsey is Executive Director of the Berkeley Center for Law & Technology at the UC Berkeley law school. From 1997 to 2014, he was at the Center for Democracy & Technology, where he held a number of leadership positions, including Executive Director (2003 to 2005) and head of CDT West (2005 to 2014).

From August 2012 to January 2017, Jim also served as a part-time member of the Privacy and Civil Liberties Oversight Board (PCLOB), an independent federal agency charged with advising senior policymakers and overseeing the nation’s counterterrorism programs.

Prior to joining CDT, Dempsey served as Deputy Director of the non-profit Center for National Security Studies and Special Counsel to the National Security Archive. From 1985 to 1995, Jim was Assistant Counsel to the House Judiciary Committee’s Subcommittee on Civil and Constitutional Rights. He practiced law as an associate at Arnold & Porter, in Washington, DC, and clerked for Judge Robert Braucher of the Massachusetts Supreme Judicial Court.

Jim is author or co-author of articles in law reviews and other journals, including “The Path to ECPA Reform and the Implications of United States v. Jones,” Univ. of San Francisco L. Rev. (2012), and “Privacy as an Enabler, Not an Impediment: Building Trust into Health Information Exchange,” Health Affairs, (2009). He is co-author of the book Terrorism & the Constitution: Sacrificing Civil Liberties in the Name of National Security (New Press, Third edition, 2006) (with Prof. David Cole of Georgetown).  With Fred Cate, he has edited the forthcoming volume Bulk Collection: Systematic Government Access to Private-Sector Data (Oxford 2017).


Judge A. Howard Matz is Senior Counsel at Bird Marella.  After serving on the bench of the United States District Court for the Central District of California for nearly 15 years, he rejoined the firm he helped launch in 1983, then known as Bird Marella Boxer Wolpert & Matz P.C.  During his 15 years with the firm, he was one of the first attorneys listed in The Best Lawyers in America®.

As Senior Counsel, Judge Matz brings his considerable experience on both sides of the bench to represent clients in areas such as governmental and internal investigations, including matters involving the Foreign Corrupt Practices Act, the representation of lawyers and law firms, and non-patent intellectual property disputes, such as copyrights, trademark and trade secrets.  He serves as an arbitrator, mediator and Special Master.  He shares his rich experience as guidance to the firm’s younger attorneys. Judge Matz also advocates for the judiciary and is committed to significant public service and pro bono projects.

Judge Matz was nominated to the federal bench by President Clinton and received his commission in June 1998. He presided over numerous noteworthy cases and several of his decisions were ultimately adjudicated by the Supreme Court. Judge Matz served on many judicial committees, including the Ninth Circuit Model Jury Instructions Committee. He chaired the District Court’s Pro Bono/Pro Se Committee and under his leadership the Committee established the nation’s first walk-in Pro Se Clinic, which received widespread recognition. Additionally, Judge Matz was the first recipient of the “Vanguard Award” bestowed by the California State Bar for his contributions to intellectual property jurisprudence.


EXPERIENCE


Among Judge Matz’s precedent-setting decisions are the following:

  • Became the first judge in the country to rule on challenges to the detention of alleged terrorists at Guantanamo Bay.
  • Ruled that under CERCLA, various California water districts were entitled to recover costs from a military weapons manufacturer for cleaning up perchlorate-contaminated aquifers.
  • Enjoined real estate magnate and Los Angeles Clippers owner Donald Sterling from using the word “Korean” (as opposed to “Koreantown”) in the names of some of his apartment buildings, finding that such practices violated the Fair Housing Act.
  • Held for the first time that the “sublicensing rule” from copyright and patent law should be extended to the licensing of trademark and related publicity rights. The Ninth Circuit affirmed that ruling by attaching Judge Matz’s decision as an appendix.
  • Issued precedent-setting rulings construing the Digital Millennium Copyright Act in highly publicized cases, including those brought against Google by softcore pornography publisher Perfect 10 and against Veoh by music recording giant Universal Music Group.
    Ruled that the term “foreign official” in the Foreign Corrupt Practices Act encompassed high-ranking executives of state-owned enterprises.
  • Ruled that Dick Clark Productions had the right to produce the Golden Globes award show under its contract with the Hollywood Foreign Press Association.


EDUCATION

  • Harvard Law School, Cambridge, Massachusetts, J.D. (1968)
  • Columbia University, New York, New York, A.B. (1965)  cum laude


ADMITTED TO PRACTICE


New York, 1970
California, 1973


COMMUNITY INVOLVEMENT

  • Member, Federal Judges Association
  • Member, Association of Business Trial Lawyers
  • Member, Federal Bar Association
  • Member, Los Angeles County Bar
  • Member, State Bar of California
  • Member, State Bar of New York


FORMER POSITIONS

  • Senior District Judge, United States District Court for the Central District of California, 2011-2013
  • District Judge, United States District Court for the Central District of California, 1998-2011
  • Founding Partner, Bird Marella Boxer Wolpert & Matz, Los Angeles, California, 1983-1998
  • Partner, Hughes Hubbard & Reed LLP, Los Angeles, California, 1979-1983
  • Assistant United States Attorney in the U.S. Attorney’s Office for the Central District of California 1974-1979 (Chief of the Special Prosecutions Unit 1977 -1979)
  • Law Clerk to the Hon. Morris E. Lasker, United States District Judge, Southern District of New York, 1969-1970



Kelly Klaus is a litigation partner in the Los Angeles and San Francisco offices of Munger, Tolles & Olson. Mr. Klaus’s practice is focused on copyright and complex commercial litigation. He has represented all of the major motion picture studios and all of the major recorded music companies in some of their highest-profile copyright litigation matters in recent years. The Daily Journal has named him among the 75 leading intellectual property lawyers in California in each of the last five years, and he has been selected for inclusion in Chambers USA.

Most recently, Mr. Klaus represented the four major recorded music companies in their trial against LimeWire and its founder (resulting in a $105 million settlement); the six major motion picture studios in their successful infringement action against the Zediva DVD-streaming service; and the studios in their successful action against RealNetworks for violating the DMCA’s anti-circumvention provisions with its “RealDVD” DVD-copying device.

Mr. Klaus is a member of the Los Angeles Copyright Society and the board of Legal Advisers of the Copyright Alliance. He has taught appellate advocacy at Stanford Law School and has been a member of Stanford Law School’s Board of Visitors. He has also served as a member of the board of governors of the Association of Business Trial Lawyers in Los Angeles and the board of trustees of the Shelburne Museum in Vermont.

Mr. Klaus received his B.A. from UCLA and his J.D. from Stanford Law School. Following law school, and prior to joining Munger Tolles, he was a law clerk to Judge William H. Orrick, Jr., U.S. District Court, Northern District of California; to Judge Pamela Ann Rymer, U.S. Court of Appeals, Ninth Circuit; and to Justice Anthony M. Kennedy, Supreme Court of the United States.

Key Representations

  • Sony Music Entertainment, EMI Group, Warner Music Group and Universal Music Group, in their action against LimeWire and its founder. After obtaining  a permanent injunction against LimeWire, Munger Tolles proceeded to a damages trial in U.S. District Court. Two weeks into trial, the defendants agreed to pay the record companies $105 million.
  • The six motion picture studio members of the Motion Picture Association of America,
    •  in securing an injunction against the operators of Zediva, an unlicensed video-on-demand service that transmits performances of copyrighted motion pictures to Zediva customers through the Internet.
    • in obtaining permanent injunctions against RealNetworks "RealDVD" device for  copying DVDs.
  • Universal Music Group, in claims for secondary copyright liability against Bertelsmann AG and Hummer Winblad Venture Partners arising out of the infringing Napster service.
  • Warner Music Group, in copyright infringement actions against iMeem and SeeqPod.
  • Aftermath Records, in litigation claiming copyright infringement based on the distribution of Eminem downloads through iTunes.
  • Universal Music Corp., in action alleging a knowing material misrepresentation under DMCA Section 512(f).
  • The six motion picture studio members of the Motion Picture Association of America (MPAA), as amicus curiae in cases in the Supreme Court, the 2nd and 9th Circuits, and District Courts, including as amicus in the Viacom v. YouTube case in the 2nd Circuit.
  • Electronic Arts, in ongoing copyright litigation against Zynga in which EA alleges that Zynga's online social game "The Ville" infringes EA's copyrighted game "Sims Social."
  • Playdom (part of the Disney Interactive Media Group) and Vostu (world’s largest maker of online social games in Portuguese) in copyright litigation against Zynga.
  • Green Hills Software, in successfully defending a five-month arbitration that questioned whether application program interfaces for computer programs are copyrightable subject matter.

Practice Areas

  • Litigation
  • Copyright

Industries

Media and Entertainment

Education

  • UCLA  (B.A., 1989)
  • Stanford University (J.D., 1992) Order of the Coif, Stanford Law Review 1990-1992

Clerkships

  • Judge William H. Orrick, Jr., U.S. District Court, Northern District of California, 1992-1993
  • Judge Pamela Ann Rymer, U.S. Court of Appeals, Ninth Circuit, 1993-1994
  • Justice Anthony M. Kennedy, U.S. Supreme Court

Bar Admissions

California


Laurent Crenshaw is the head of Federal Public Policy for Yelp in Washington DC. At Yelp he has championed the company’s federal efforts to protect consumer freedom of speech on the Internet, and worked to implement Yelp as a tool for the federal government engagement with citizens.

Prior to joining Yelp in 2013, Laurent worked in the House of Representatives for over 11 years. During his tenure he served as the Legislative Director for Representative Darrell Issa focusing on technology policy issues, particularly in the areas of intellectual property, telecommunications and Internet law; and also worked in the offices of the House Majority Whip and House Republican Conference. Laurent successfully worked on numerous legislative efforts including the passage of the Leahy-Smith America Invents Act in 2011 and the fight to defeat the Stop Online Piracy Act (SOPA) in Congress. Additionally, Laurent also serves on the board of directors for Public Knowledge and is a member of the American Library Association's Public Policy Advisory Council. 

Laurent obtained his undergraduate degree in International Relations from Stanford University in 2002 and his Juris Doctor degree from American University's Washington College of Law in 2010.


Margot E. Kaminski is an assistant professor of law at The Ohio State University Moritz College of Law. Professor Kaminski researches and writes on law and technology. She is a graduate of Harvard University and Yale Law School.

Prior to attending law school, Professor Kaminski worked for a literary agency, then at Creative Commons, and as an editorial assistant and reader at Zoetrope: All-Story magazine. She has also worked as a freelance writer. While at Yale, she co-founded the Media Freedom and Information Access Clinic (MFIA), and worked as a Google Policy Fellow at the Electronic Frontier Foundation. She was a law clerk to the Honorable Andrew J. Kleinfeld of the Ninth Circuit Court of Appeals in Fairbanks, Alaska.

From 2011 to 2014, Professor Kaminski served as the executive director of the Information Society Project at Yale Law School, an intellectual center addressing the implications of new information technologies for law and society. She remains an affiliated fellow of the Yale ISP.

Professor Kaminski's research and policy work focuses on media freedom, online civil liberties, international intellectual property law, legal issues raised by AI and robotics, and surveillance. She has written on law and technology for the popular press, and appeared on NPR's On the Media and other radio shows and podcasts. Her article "The Capture of International Intellectual Property Law Through the U.S. Trade Regime" was published in the Southern California Law Review; and her essay on domestic drone use, "Drone Federalism: Civilian Drones and the Things They Carry" was published in the California Law Review Circuit.


Michal Rosenn is Deputy General Counsel at Kickstarter, the leading funding platform for creative projects. She has served in that role since October 2012, advising the start-up on intellectual property, contractual, employment, corporate governance, and regulatory matters, among others.

Prior to joining Kickstarter, Ms. Rosenn was a litigation associate at the law firm of Paul, Weiss, Rifkind, Wharton & Garrison in New York.

Ms. Rosenn earned her Bachelor of Arts in English and Psychology at New York University, and her Juris Doctor degree from Harvard Law School.


Primary Areas of Practice: Internet Law, Trademarks, Copyright, Freedom of Speech, Privacy, Litigation Management

Law School/Graduate School: UC Hastings

Work History: Michelle has been at the Wikimedia Foundation, the nonprofit that runs Wikipedia, since 2008 and as in-house counsel since 2010. She manages domestic and international litigation for the Foundation, most of which deal with online defamation and freedom of speech concerns. She has also managed online content issues, including policy, privacy, and intellectual property.

Professional Memberships: Admitted into the CA and NY bars; member of the Association of Corporate Counsel.


Primary Areas of Practice: Privacy, Intellectual Property

Law School/Graduate School: Columbia Law

Work History:

Senior Product Counsel, Twitter (2014-present)

Senior Staff Attorney, Electronic Frontier Foundation (2004- 2014)

Privacy Fellow, First Amendment Project (2003-2004) Associate, Morrison & Foerster (2000-2002)


Cathy Gellis is a former Internet professional-turned-lawyer in the San Francisco Bay Area with a practice focused on intellectual property, free speech, intermediary liability, and other issues affecting information technology use and development. She is also the founder of DigitalAgeDefense.org, a project focused on the convergence of criminal law and technology. She regularly writes, speaks, counsels, and litigates on these and other legal and technology topics. B.A. University of California at Berkeley in Mass Communications and Sociology; J.D. Boston University.


Corynne McSherry is the Legal Director at EFF, specializing in intellectual property, open access, and free speech issues. Her favorite cases involve defending online fair use, political expression, and the public domain against the assault of copyright maximalists. As a litigator, she has represented Professor Lawrence Lessig, Public.Resource.Org, the Yes Men, and a dancing baby, among others, and one of her first cases at EFF was In re Sony BMG CD Technologies Litigation (aka the "rootkit" case). In 2015 she was named one of California's Top Entertainment Lawyers.  She was also named AmLaw's "Litigator of the Week" for her work on Lenz v. Universal. Her policy work includes leading EFF’s effort to fix copyright (including the successful effort to shut down the Stop Online Privacy Act, or SOPA), promote net neutrality, and promote best practices for online expression. In 2014, she testified before Congress about problems with the Digital Millennium Copyright Act.  Corynne comments regularly on digital rights issues and has been quoted in a variety of outlets, including NPR, CBS News, Fox News, the New York Times, Billboard, the Wall Street Journal, and Rolling Stone. Prior to joining EFF, Corynne was a civil litigator at the law firm of Bingham McCutchen, LLP. Corynne has 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, Corynne published Who Owns Academic Work?: Battling for Control of Intellectual Property (Harvard University Press, 2001).


Jedediah Wakefield focuses his practice on intellectual property litigation, with an emphasis on trademark, copyright, trade secret and right of publicity matters, as well as licensing, technology transfers, and other complex commercial disputes. Jed also represents technology companies in advertising, privacy, unfair competition and other consumer related issues, and he has successfully defended his clients in state and federal class action lawsuits. 

Jed has litigated cases across the country. He has served as trial counsel in state and federal courts, and has extensive experience in mediation and arbitration. Jed has been named an IP Star by Managing Intellectual Property and as among the top trademark lawyers in California by World Trademark Review 1000. He has also been named as one of the top 100 attorneys in Northern California by Super Lawyers.

Jed received his B.A. in English in 1992 with highest honors from the University of California, Santa Barbara, where he was elected Phi Beta Kappa. He received his J.D. cum laude from Santa Clara University in 1995. In law school, Jed served as a Judicial Extern to the Honorable Judge James Ware, in the United States District Court for the Northern District of California.

Emphasis:

Intellectual Property Litigation
Class Action Defense
Complex Commercial Litigation

Representative Clients:

Groupon, Inc.
Intel Corporation
Symantec Corporation
Twitter, Inc.


Laura Covington joined Yahoo in 1999 as the company’s first intellectual property lawyer, managing its trademark, domain, copyright, unfair competition and right of publicity work.  In her current policy role as Vice President of Intellectual Property Policy, Ms. Covington develops and coordinates Yahoo’s intellectual property, trade and ICANN positions and strategy globally. In 2013, she was appointed by the Secretary of Commerce and U.S. Trade Ambassador to serve on the Industry Trade Advisory Committee on Intellectual Property. She has served on the International Trademark Association's Board of Directors, and is currently on the Board of Directors of the Center for Safe Internet Pharmacies. Ms. Covington is also an active participant in ICANN's Business Constituency, Brand Registry Group and the larger ICANN community.  She was recently recognized in Managing Intellectual Property magazine’s 2015 list of “Corporate IP Stars” and was previously named among “The World’s Leading In-house Trademark Lawyers” (Intellectual Property magazine, 2010).


Stacey Wexler is a Legal Director at Google Inc. in Mountain View, CA.  She manages a team of litigators handling matters including consumer class actions, trademark and copyright litigation, defamation claims, and commercial disputes.  She also manages the employment, eDiscovery, and litigation paralegal teams.  Prior to joining Google, Stacey was a partner at Keker & Van Nest in San Francisco.  She graduated from the University of Michigan and Boalt Hall School of Law, and clerked for the Honorable D. Lowell Jensen of the Northern District of California and the Honorable Melvin Brunetti of the Ninth Circuit Court of Appeals.


Tom Rubin will be a Lecturer at Harvard Law School in Spring 2016 and was a Lecturer at Stanford Law School in Spring 2015.  He advises a variety of startups and established companies. Tom was Chief Intellectual Property Strategy Counsel at Microsoft for many years, having spent 15 years at the company spearheading complex product development, litigation, licensing, marketing, enforcement and global policy strategies related to intellectual property across Microsoft’s business divisions, including Windows, Office, Azure, Xbox, Bing and MSN.

Tom has testified before the U.S. Senate Judiciary Committee and addressed governments and international forums in China, Russia, Korea, Japan, France, the United Kingdom, the EU and elsewhere. In addition to teaching seminars at Stanford, Harvard and Yale, he lectures frequently on legal, policy and business issues related to content, innovation and the Internet.

Prior to Microsoft, Tom was an Assistant U.S. Attorney in the Southern District of New York, where he was one of the country’s first computer crimes prosecutors. In private practice at Debevoise & Plimpton, he represented companies such as Sony, Infinity Broadcasting and Time Inc. on matters related to new technologies and media law. Before attending law school, he worked in the newsroom of The New York Times and was a stringer for the Associated Press.

Tom received his B.A. from Yale University and his J.D. from Stanford Law School. He has received the U.S. Department of Justice’s Director’s Award for Superior Performance as an Assistant U.S. Attorney and the Los Angeles County Bar Association’s Corporate ADR Award for a groundbreaking initiative between the technology and content industries.

Tom currently serves on the Board of Directors of Creative Commons, the Steering Committee of the Reporters Committee for Freedom of the Press, the Board of Visitors at Stanford Law School, and the Board of Advisors of CCH’s Guide to Computer Law. He is also a fellow at Stanford’s Center for Internet and Society and was a member of the Intellectual Property Commission of the MIT Media Lab.


Kerry O’Brien is the Assistant Regional Director of the Federal Trade Commission’s Western Region in San Francisco.  She joined the San Francisco office in 1990 and worked as a staff attorney for most of her career.  She has handled numerous deceptive advertising cases, fraud cases, and matters involving violations of various FTC rules.  In particular, she has investigated and challenged illegal practices involving national and mobile advertising, deceptive privacy/data security policies, investment fraud, and illegal financial practices.  Kerry is a graduate of Vassar College and U.C. Davis School of Law.