KUCI: Privacy Piracy

Mari Frank Interviews Andrew Serwin, Esq. Privay Expert and Author

Andrew B. Serwin is the founding chair of the Privacy, Security, and Information Management Practice and is a partner in the San Diego office of Foley & Lardner LLP. He is a member of the Intellectual Property Litigation, Information Technology and Outsourcing, General Commercial Litigation, and the Trademark and Copyright Practice Groups. He is also a member of the Venture Capital, Emerging Technology, Life Sciences, and Health Care Industry Teams.
Mr. Serwin has extensive experience in privacy and security matters, including state, federal and international restrictions on the use and transfer of information, security breach compliance, incident response, marketing restrictions, and the drafting and implementation of privacy and security policies. Mr. Serwin also advises media and Internet companies regarding online contracting issues, licensing issues, domain name issues, and intellectual property issues, as well as litigation resulting from information security incidents.
Mr. Serwin has unique experience in representing start-up and Internet companies because he served as President and General Counsel of an online political magazine, InPolitics.com. Mr. Serwin has broad experience in technology and business law, including corporate finance, partnership law, securities, e-commerce, software development and licensing, intellectual property licensing and protection, manufacturing and distribution arrangements, joint ventures, information technology transactions, as well as real estate transactions. He has also advised hedge funds and broker dealers in a variety of transactions.
Mr. Serwin's litigation practice includes unfair competition matters; intellectual property litigation; corporate governance disputes; complex commercial litigation; e-commerce matters; partnership disputes and real property matters.
He is the author of "Information Security and Privacy: A Practical Guide to Federal, State and International Law", a 2,000 page treatise that examines all aspects of privacy and security laws, published by Thomson-West. Mr. Serwin is also the author of the "Internet Marketing Law Handbook", also published by Thomson-West, which covers topics such as privacy and security, commercial e-mail laws, spyware and unfair competition law. He is also the author of West's Corporate Counsel's Primer on International Privacy and Security (July 2007), the advertising section of the "ABA Model Web Site: A Knowledge Management Approach to E-Business Model Web Site" that provides guidance on "best practices" for Internet issues, as well as Co-Chair and principle author of the Privacy and Security Section of the ABA's new publication, "Selling Products and Services and Licensing Software Online: An Interactive Guide With Legal Forms and Commentary to Privacy, Security and Consumer Law Issues", (June 2007).
Mr. Serwin was recently appointed to the privacy and the legal subcommittees of the Privacy & Security Advisory Board of the California Health and Human Services Agency by the California Office of HIPAA Implementation. The committee is charged with developing standards for California's Interoperable Health Information Exchange for electronic health information, which includes creating and adopting a process to develop and set overall standards, overseeing the coordination, analysis, and promulgation of privacy and security requirements for the Health Information Exchange, researching and developing model contracts and related documents, and providing guidance regarding the interaction of HIPAA and California law. He is also a member of the San Diego Chapter of the San Diego FBI Infragard Group, an organization dedicated to promoting ongoing dialogue and timely communication between information technology companies and the FBI. As a member, he receives daily, non-public briefings on information security and other threats, including early warnings about new attacks on financial services companies or healthcare providers.
He was also recognized as a "Southern California Super Lawyer" in 2007 and 2008, is AV-rated by Martindale Hubbell, and was previously identified as one of the leading intellectual property attorneys by the Daily Transcript in its 2005 "Top Attorneys List." He is also the former Co-Chair of the California State Bar's Cyberspace Law Committee, and the former chair of the San Diego County Bar Association's Web site Committee from 2002-2004. Mr. Serwin is also a frequent presenter and commentator on technology and legal matters. He is also a columnist for The Daily Transcript on technology issues.
Mr. Serwin also serves on the editorial board of Thomson-West's Cyberspace Lawyer, as well as the Privacy and Information Law Report. He is also a member of the Publications Board of the Business Law Section of the American Bar Association.
(619) 685-6428
www.FOLEY.COM

Mari Frank Interviews Barbara Lawler, Chief Privacy Officer, Intuit, Inc.

Mari Frank Interviews Paul Paray, Security and Privacy Expert and Scott Ernst, Technology Security and Privacy Expert

Paul Paray
Paul provides consultative advice to those companies looking to navigate new media, tech E&O, and privacy exposures. Paul has held a number of senior insurer positions, including most recently with the CNA miscellaneous professional liability division where he helped lead the team tasked with growing the CNA media and technology E&O products. Before that, he was the Technology and Media Product Manager for National Union/AIG where he developed and managed media and network security products for the professional liability division. Prior to that, he managed the New York Regional office for AIG eBusiness Risk Solutions and was the Director of Complex Claims at AIG Technical Services responsible for handling some of its biggest technology E&O and media claims.
Prior to entering the insurance industry in 2002, Paul was the owner of an intellectual property law practice; was General Counsel and EVP of Geometrix, Inc. in San Jose, California; and was a commercial litigator with Lord Day & Lord and Pitney, Hardin Kipp & Szuch. Paul has authored numerous articles published in periodicals such as the Newsletter of the Federation of Defense and Corporate Counsel; The Risk Management Letter; and CyberEdge Journal. He has been an invited speaker at numerous events, including: RIMS Annual Meeting; ABA, Litigation Section, Insurance Coverage Committee Annual Meeting; and Law Journal Seminars Future of E-Commerce Seminar. He has been interviewed and quoted by numerous periodicals, including: Crittenden Specialty Coverages Insider; Christian Science Monitor; Smart Reseller; The Financial Post; The Newark Star-Ledger; The New York Times; The Toronto Globe and Mail; and The Vancouver Sun.
Paul is a graduate of Muhlenberg College and Seton Hall University School of Law.
Scott Ernst
A 20-year industry veteran, Scott provides advisory and advocacy services related to technology, media, data security and privacy risks. In addition, Scott's broad P&C background provides him with a valuable understanding of numerous risks and coverages including; management liability, commercial property, casualty, and various non-standard risk transfer designs. In his current role, Scott's work increasingly entails technology and media E&O, intellectual property protection, the effective protection of intangible assets and the rapidly emerging issues of data security and privacy.
Scott has held a number of senior positions in the insurance industry including management positions at Marsh & McLennan, Frenkel & Co. and Chubb Executive Risk. Scott also founded and served as President of Insurecast, a specialty technology risk management firm which was subsequently acquired by a larger brokerage.
Scott is a published author and has spoken on insurance topics at seminars sponsored by the Professional Liability Underwriting Society, The Risk and Insurance Management Society (RIMS), the New York State Bar Association, the New Jersey State Bar Association, and the New Jersey Insurance Coverage Institute.
Scott is a member of the Professional Liability Underwriting Society (PLUS) and former Chair of the PLUS Eastern Chapter. Scott is a graduate of The University of Michigan School of Business.

Mari Frank Interviews Erwin Chemerinsky, Esq., Founding Dean UCI School of Law

Mari Frank Interviews Dr. Alan Westin, Privacy Expert, Professor, Author

Dr. Alan F. Westin is Professor of Public Law and Government Emeritus at Columbia University; former Publisher of Privacy & American Business; and former President of the Center for Social & Legal Research. He is the author or editor of 26 books on constitutional law, civil liberties and civil rights, privacy, and American politics, and has been listed in Who's Who in America for three decades.
In 2005, Dr. Westin received the Privacy Leadership Award of the International Association of Privacy Professionals, the leading U.S. organization of business, government, and non-profit privacy officers.
Professor Westin's major books on privacy -- Privacy and Freedom (1967) and Databanks in a Free Society (1972) -- were pioneering works that prompted U.S. privacy legislation and helped launch global privacy movements in many democratic nations in the 1960's and 70's. He has also specialized in studying the impact of information technologies on national and local governmental operations, from decision-making to citizen services and freedom of information administration, illustrated by his 1971 book, Information Technology in a Democracy.
Over the past forty years, Dr. Westin has been a member of U.S. federal and state government privacy commissions and an expert witness before legislative committees and regulatory agencies. These activities cover privacy issues in financial services, credit and consumer-reporting, direct marketing, health care, telecommunications, employment, law enforcement, online and interactive services, survey research, and social-services.
Dr. Westin has been a privacy consultant to many U.S. federal, state, and local government agencies and government research foundations. These include the Departments of Commerce and Energy, the National Institute of Occupational Health and Safety, the General Services Administration, the National Bureau of Standards, Department of Justice Bureau of Justice Statistics, National Science Foundation, the New York State Identification and Intelligence System, and SEARCH: The National Consortium o f State Criminal Justice Information Systems.
He has consulted on privacy and helped write privacy codes for over one hundred companies, including IBM, Security Pacific National Bank, Equifax, American Express, Citicorp, Bell Atlantic, Intel, Empire Blue Cross and Blue Shield, Prudential, Bank of America, Chrysler, A.T.&T., SmithKline Beecham, News Corporation, VISA, Merck, and Glaxo Wellcome.
He has also spoken about privacy at more than 800 national and international business and industry and scholarly meetings since the late 1960's, as well as appearing on hundreds of national and international television programs. He has keynoted privacy conferences around the world, from Canada to England, France, the Netherlands, Germany, Austria, Italy, Sweden, Japan and Hong Kong.
Between 1978 and 2008, he has been the academic advisor to Louis Harris & Associates (now Harris Interactive) for more than 50 national surveys of public and leadership attitudes toward consumer, employee, and citizen privacy issues, in the United States, Canada, Germany, Britain and Japan. He has also done 20 planning and proprietary privacy surveys for companies, generally with Opinion Research Corporation of Princeton, N.J.
In 1993, Dr. Westin founded Privacy & American Business, a non-profit think tank that provided expert analysis and a balanced voice on business-privacy issues. P&AB published a bi-monthly newsletter; conducted an annual national conference in Washington on "Managing The Privacy Revolution"; and led a Corporate Privacy Leadership Program and a Global Business Privacy Policies Project. P&AB also managed privacyexchange.org - a global Internet web site on consumers, commerce, and data protection worldwide, covering privacy developments in over 100 nations. The Center finished its work in the Fall of 2006.
Also in 1993, Dr. Westin founded - along with Washington attorney Robert R. Belair - the Privacy consulting Group (PCG). This is now the oldest privacy-consulting boutique in the U.S. Its clients include leading financial services, telecommunication, pharmaceutical, health-care, and Internet firms. Current clients include Google, Boeing, and Yahoo! PCG leads the Center for Strategic Privacy Studies and Programs as well as the Program on Electronic Health Records and Privacy. PCG also partners with Harris Interactive on surveys dealing with consumer, employee, and citizen privacy.

Mari Frank Interviews Craig Williams, Esq, author of How to Get Sued

J. Craig Williams is the founding member of WLF | The Williams Lindberg Law Firm, PC Mr. Williams' practice focuses in the areas of complex business litigation with emphasis on environmental, real estate, land-use and technology law, together with their respective insurance coverage and related tort issues. Mr. Williams also handles white-collar criminal matters.
Mr. Williams is author of How To Get Sued : An Instructional Guide- a witty approach to litigation. From the top 10 ways to get sued to the unwritten rules for dealing with judges, author J. Craig Williams shines an irreverent light on America's court system. The author of the popular blog "May It Please the Court", Williams puts together an entertaining, accessible take on the world of litigation. Readers will walk away amused and enlightened, and with a better view of what the world of litigation is really like in America's courtrooms.
His popular blog "May It Please the Court", which gets more than 13,000 hits daily and is a three-time award winner from the Los Angeles Press Club. His views also are featured on Legal Talk Network, an internet radio show where he is a co-host on "Lawyer2Lawyer."
An accomplished speaker, Mr. Williams lectures as an adjunct professor at the University of California at Irvine on Toxics Law, the UCI Extension Environmental Management Program on The Regulatory Framework for Hazardous and Toxic Materials, Stanford Law School on Environmental Insurance Coverage, the University of Iowa College of Law on Trial Advocacy and at Chapman University School of Law on Legal Writing and Research.
He was a contributing reporter on environmental litigation of the "ABA Real Estate Quarterly Report," and is the author of many articles, including "Son of the California Environmental Quality Act: A Look at Public Resources Code 21081.6," 33 Orange County Lawyer 36 (1991) and Co-author of "The Practical Implications of the Aerojet Decision, California Environmental Law and Remediation Reporter," April, 1998. Mr. Williams' experience includes practice at nationally recognized law firms and has appeared as lead litigation counsel in numerous states.
Mr. Williams enjoys scuba diving and is both a Divemaster and Scuba Instructor, certified by the Professional Association of Diving Instructors (PADI). He is also a downhill snow skier, and is certified as a Level One Instructor by the Professional Ski Instructors Association.
He is an avid sailor, having sailed and interned in the Tall Ships Race on board the square-sail Barkentine, the United States Coast Guard Cutter Eagle. He was a member of the Coast Guard Academy Sailing Team in New London, Connecticut. Mr. Williams has also crewed for the America's Cup America3 helmsman and Olympic Gold medal winner Buddy Melges.
jcraigwms@WLF-law.com
http://www.WLF-law.com
http://www.MayItPleaseTheCourt.com
http://www.HowToGetSued.com

Mari Frank interviews Mark Sevigny - Prosecutor, White Collar Crimes

Mark Alan Sevigny graduated from the University of San Diego with a Juris Doctor in May 1977, after receiving a BA from San Diego State in Political Science with honors in 1973. He passed California State Bar Exam in August 1977 and went to work for the Orange County District Attorney's Office in February of 1978. In his thirty years as prosecutor, Mr. Sevigny tried over ninety jury trials, including twenty-five homicides, eleven felony sexual assault cases, and numerous major fraud cases. He worked in almost every unit of the office, including five years in the Major Fraud Unit in the 1980's and again between January 1999 and February 2008.
His activity in gang homicide investigations and prosecutions between 1990 and 1994 helped to formulate the legal and evidentiary strategies by which gang-related homicide cases were vigorously pursued and tried in Orange County.
From 1995 through 1997 he worked as one of the lead attorneys in the criminal investigation of the Orange County Bankruptcy case, including a nine-month presentation of evidence to the Orange County Grand Jury concerning the role of investment firms in the county's financial calamity. This investigation eventually led to a $30 million unfair business practices settlement with Merrill Lynch.
After that he served as supervising deputy district attorney in charge of Law and Motion of the District Attorney's Office for over a year and a half before returning to the Economic Crimes Unit in 1999 to be part of the Major Fraud and High Tech Crimes division.
During his tenure with the office Mr. Sevigny trained fellow prosecutors in the District Attorney's Office and through the California District Attorneys Association on documentary evidence, identity theft, complex case preparation, and major fraud issues.
Mr. Sevigny officially retired from the district attorney's office in February 2008, but still works there as a prosecutor on a part-time basis. He is also available as a consultant to private industry and insurance companies on issues relating to fraud and computer-related crimes.

Mari Frank interviews Jonathan Zittrain, Professor, Author of the ”Future of the Internet and How to Stop It”

Jonathan Zittrain holds the Chair in Internet Governance and Regulation at Oxford University and is a principal of the Oxford Internet Institute. He is also the Jack N. and Lillian R. Berkman Visiting Professor for Entrepreneurial Legal Studies at Harvard Law School, where he co-founded Harvard Law School's Berkman Center for Internet & Society in 1996. With students, he began Chilling Effects, a web site that tracks and archives legal threats made to Internet content producers. Google now sends its users to Chilling Effects when it has altered its search results at the behest of national governments.
His research interests include battles for control of digital property and content, cryptography, electronic privacy, the roles of intermediaries within Internet architecture, and the useful and unobtrusive deployment of technology in education. He was co-counsel with Lawrence Lessig in Eldred v. Ashcroft, which challenged the Sonny Bono Copyright Term Extension Act of 1998. The case lost 7-2 at the Supreme Court.
He performed the first large-scale tests of Internet filtering in China and Saudi Arabia in 2002, and now as part of the OpenNet Initiative he has co-edited a study of Internet filtering by national governments, "Access Denied: The Practice and Policy of Global Internet Filtering."
His book about the future of the now-intertwined Internet and PC is available Yale University Press and Penguin UK -- and under a Creative Commons license.
Papers may be found at http://www.jz.org.

Mari Frank Interviews Larry Ponemon and Susan Jayson -Ponemon Institute

Dr. Larry Ponemon, is a pioneer in the development of privacy audits, privacy risk management and ethical information management. He is the chairman and founder of The Ponemon Institute. Based upon his vast experience in the fields of corporate governance, privacy compliance, data protection and business ethics, he consults with leading multinational organizations on global privacy management programs. Dr. Ponemon was appointed to the Advisory Committee for Privacy for the United States Federal Trade Commission and to two California State task forces on privacy and data security laws. Dr. Ponemon was recently appointed by the Governor of Arizona to serve as public member of State Board of Optometry. Dr. Ponemon has held chaired faculty positions at Babson College and SUNY Binghamton and he's published dozens of articles and five learned books. He is a frequent media commentator on privacy and other business ethics topics for CNN, Fox News, CBS, CNBC, MSNBC, The Wall Street Journal, New York Times, Washington Post, USA Today, Financial Times, Business 2.0, Newsweek, Business Week, U.S. News & World Report, Computerworld, CIO Magazine, Industry Standard, Boston Globe, InfoWorld, InformationWeek, Forbes, Fortune, CFO Magazine, Red Herring, Dow Jones News and others. His research studies are well respected and have a profound impact on the manner in which corporations are changing their approach to important privacy issues.You can learn more at www.ponemon.org
Susan Jayson
Susan Jayson is executive director and co-founder of Ponemon Institute, LLC. In this role, Susan is responsible for managing the Institute's operations, including research on privacy and information management issues. Susan's background includes marketing, investor relations and corporate communications for such leading organizations as KPMG Peat Marwick, Arthur Andersen and the Financial Relations Board.

Mari Frank Interviews Eric Lichtblau, Pulitzer Prize Winner, author of Bush’s Law, The Remaking of American Justice

For his work on the domestic spying scandal, Lichtblau is the recipient of a Goldsmith Prize for Investigative Reporting and is also this year's recipient, with Times reporter James Risen, of the Pulitzer Prize for National Reporting. The Pulitzer jury applauded them "for their carefully sourced stories on secret domestic eavesdropping that stirred a national debate on the boundary line between fighting terrorism and protecting civil liberty."
Lichtblau has recently uncovered more government monitoring activities. The Swift story, in which counter-terrorism officials accessed the banking transactions of thousands of Americans from an international database, has alarmed many. The government's departure from typical practice in how they acquire large amounts of sensitive financial data has stirred concerns about legal and privacy issues.
Eric Lichtblau covers federal law enforcement and national security issues for the Washington bureau of The New York Times. Before coming to the Times, he worked for the The Los Angeles Times for 15 years in both California and Washington, focusing on investigative reporting, legal affairs and law enforcement. He is currently working on a book on the remaking of federal law enforcement since 9/11.
Lichtblau is also a guest commentator on television, appearing frequently on CNN, CNBC's Hardball, PBS's NewsHour with Jim Lehrer, and C-SPAN's Washington Journal. He also appears regularly on NPR's All Things Considered. Lichtblau has given speeches for Cornell University, Syracuse University, Mensa, judicial and academic conferences, and other forums.