Internet Law Works-in-Progress

Saturday, March 5, 2016
New York Law School

The Innovation Center for Law and Technology at New York Law School and the High Tech Law Institute at Santa Clara University School of Law held an annual work-in-progress symposium for internet law scholarship. This conference series provided an opportunity for authors and scholars to improve their papers and projects, regardless of how well-developed or polished their theses or drafts may be. To achieve that goal, all comments to authors were made in the spirit of being helpful. We are a helpful, supportive, and noncompetitive community, and we believe in and respect all of our colleagues. These norms are at the core of why many of us love this conference.

There were three categories of participation:

1. Papers-in-Progress: This track was for paper drafts sufficiently advanced to share with event attendees. We allocated extra speaking time to these presentations. Papers were due at the beginning of February.

2. Projects-in-Progress: This track was for research projects without a paper draft, covering anything from nearly finished papers to new ideas.

3. Discussant: Space permitting, we welcomed attendees to join the conversation as an active audience participant.

A New Option This Year!

This year, we also beta-tested a new discussion option for papers-in-progress akin to the Commentator/Active Participant model used at the Privacy Law Scholars Conference (thanks PLSC!!). This model involves paper workshops led by a Commentator who facilitates in-depth discussion among active participants on the author’s paper. Authors were encouraged to participate in “listening” mode without a formal presentation. This model offers more time for feedback (because authors do not present), but requires participants to spend some extra time reading papers in advance.

Administrative Matters

Abstracts were due no later than January 11, 2016. Shortly thereafter, a tentative schedule for the day was planned, including both presentation and active participant/commentator tracks.  Abstracts were to be submitted here.

Papers, if applicable, were due no later than February 19, 2016. Why are papers due one month before the event? This year, we beta-tested the active participant/commentator model for many papers. The success of that model depends on all of us putting in the time necessary to provide appropriate and helpful feedback. The extra time also gives us the chance to reshuffle the schedule if paper proposals turn out to be project proposals.

We were excited to welcome the following participants, including presenters and discussants*.

Aaron Ghirardelli, Loyola Law School, Los Angeles
Adam Candeub, Michigan State University
Adriana Robertson, Yale University
Alexander Goebel, Harvard Law School
Alexandra Roberts, University of New Hampshire School of Law
Amanda Levendowski, Kirkland & Ellis LLP
Andrea Matwyshyn, Northeastern University School of Law
Andrew Gilden, Stanford Law School
Andrew Selbst, Hogan Lovells LLP
Annemarie Bridy, University of Idaho College of Law
Ari Ezra Waldman, New York Law School
Beata Aldridge, Rutgers University School of Law, Newark
Ben Sperry, International Center for Law and Economics
Berin Szoka, TechFreedom
BJ Ard, Yale Law School
Brad Greenberg, Yale Law School
Brian Frye, University of Kentucky College of Law
Brian Holland, Texas A&M University School of Law
Cathy Gellis, Digital Age Defense
Daniel Susser, New York University School of Law
David Ardia, University of North Carolina School of Law
David Levine, Elon Law School
David Mangan, City University, London
David Opderbeck, Seton Hall University Law School
Doris Estelle Long, John Marshall Law School
Eileen Hershenov, Miller Korzenik Sommers LLC
Elana Zeide, New York University, Information Law Institute
Emily Laidlaw, University of Calgary
Emily McReynolds, University of Washington
Eric Goldman, Santa Clara University School of Law
Felix Wu, Cardozo School of Law
Freyja Vandenboom, Lund
Geoffrey Manne, International Center for Law and Economics
Gus Hurwitz, University of Nebraska College of Law
Hannah Bloch-Wehba, Reporters Committee for Freedom of the Press
Helen Nissenbaum, New York University
Ibrahim Shehu, Usman Danfodiyo University sokoto
Ignacio Cofone, Yale Law School
Ira Rubinstein, New York University School of Law
Itai Sneh, John Jay College of Criminal Justice
James Grimmelmann, University of Maryland Francis King Carey School of Law
Jane Bambauer, University of Arizona School of Law
Jane Winn, University of Washington
Jeff Roberts, Fortune Magazine
Jill Bronfman, University of California, Hastings
Jon Penney, Oxford University, Dalhousie, Citizen Lab
Jonathan Manes, Yale Law School
Joshua Fairfield, Washington and Lee University School of Law
Kate Klonick, Yale Law School
Kerry Monroe, Yale Law School
Kiel Brennan-Marquez, New York University School of Law
Kristian Stout, International Center for Law and Economics
Lauren Henry Scholz, Yale Law School
Laurin Paradise, Pratt Institute
Margot Kaminski, Ohio State University Moritz College of Law
Maria Lillà Montagnani, Bocconi University
Matthew Sag, Loyola University, Chicago
Meg Leta Jones, Georgetown University
Michael Birnhack, Tel Aviv University, Faculty of Law
Michael Santorelli, New York Law School
Nicola Lugaresi, University of Trento, Faculty of Law
Nizan Packin, City University of New York
Paul Levy, Public Citizen
Paul Ohm, Georgetown University Law Center
Peter Yu, Texas A&M University School of Law
Raizel Liebler, John Marshall Law School
Rebecca Lipman, United States District Court, District of New Jersey
Roger Ford, University of New Hampshire School of Law
Ryan Calo, University of Washington School of Law
Sarah Lageson, Rutgers University School of Criminal Justice
Scott Skinner-Thompson, New York University School of Law
Stacey Lantagne, University of Mississippi School of Law
Tonja Jacobi, Northwestern University School of Law
Wendy M. Grossman, Writer
Yafit Lev-Aretz, New York University School of Law
Yvette Liebesman, Saint Louis University School of Law

Location

New York Law School is located at 185 West Broadway in Manhattan. It is near several subways: the 1 at Franklin St. (1 block away); the 1, 2, 3  at Chambers St. (5 blocks away); and the A, C, E  at Canal St. (4 blocks away). You can even take the 4, 5, 6 to Brooklyn Bridge/City Hall and walk west for about 5 minutes.

Transportation

Public Transportation:

From anywhere in New York City: Best to take the subway. See above.

From Long Island: The Long Island Railroad (of Palsgraf fame) runs into New York Penn Station (of depressing architecture fame). From Penn Station, take either the A, C, or E downtown to Canal St. or the 1, 2, or 3 downtown to Franklin St. or Chambers St.

From New Jersey: Depending on where you live, you can take NJ Transit Rail or Bus, the Path Train, or even the Suburban Transit bus line. NJ Transit runs into Penn Station at 34th Street. Buses run into the Port Authority at 42nd Street. Both are on the 1, 2, 3  and the A, C,  E. The Path Train can take you to Christopher Street, which has a 1 stop at 7th Avenue.

From Upstate New York: Take Metro-North Train into Grand Central. Then take the 4, 5, 6 downtown to Brooklyn Bridge/City Hall, which is the terminus of the 6.

By Car:

If driving from New Jersey, take the NJ Turnpike (I-95), a toll road, to Exit 14/14A/14B/14C. You could make a last minute decision to go to Newark Airport and fly off to Maui, but we would miss you. So, follow signs for I-78 East/Bayonne/Jersey City/Holland Tunnel and then merge onto I-78 E. This will take you on the NJ Turnpike Extension and, if you stay on this road, right into the Holland Tunnel. The Tunnel spills out into a circle with several exits. Follow signs for “Downtown.” Use any lane to turn right onto Varick Street. NYLS is located at the corner of Varick St., West Broadway, and Leonard. There is a parking lot across the street. You can pay for several hours or for the entire day. I can’t even begin to describe the nightmare that is street parking in Tribeca.

By Air:

New York City is served by 3 major airports: Newark Liberty, JFK, and LaGuardia. They each have their advantages (except LaGuardia: there is nothing good about LaGuardia J )

Newark Liberty Int’l Airport (EWR). EWR is in New Jersey, but is a quick taxi or for-hire vehicle ride to Manhattan. The car may be expensive ($50-70 plus tip). But EWR is also connected to Manhattan via the super convenient New Jersey Transit Rail. One-way to Manhattan from EWR costs $13 and it takes about 25 minutes.

To get to Manhattan via NJ Transit Rail, follow these instructions: At the airport, follow signs for “AirTrain.” Buy your NJ Transit ticket to “New York Penn Station” before taking the escalator up to the platform. The AirTrain, a clean, pleasant driverless tram, runs every 4 minutes. Take the AirTrain to the EWR NJ Transit station and wait for the next train, usually on Track 1, to New York Penn Station. Then follow the subway directions above.

John F. Kennedy Int’l Airport (JFK).  JFK is in southern Queens. It boasts a beautiful, new-ish JetBlue terminal and a few restaurants that actually won awards. (Who gives out awards for airport cuisine?) The easiest way to get from JFK to Manhattan is via taxi or for-hire vehicle. It’s on the expensive side; for taxis, there is a flat fare of $52 plus tolls and tip. It takes about 30 minutes, but longer with traffic.

If you have about 1 hour to spare, you can take public transportation from JFK to Manhattan. It costs a total of $7.75 ($5 for the AirTrain and $2.75 for a subway ride). After deplaning, follow signs for the AirTrain. This AirTrain does not just circle the airport. It takes you into Queens to the nearest (not really that “near”) subway or LIRR stop. You can go either to Jamaica Station and take the  to Canal Street or E to Howard Beach Station and take the A to Canal Street.

LaGuardia Int’l Airport (LGA). LGA is in northern Queens. Honestly, Vice President Biden was right about LGA. Still, LGA is getting a multi-billion dollar overhaul. A state-of-the-art airport should be ready for 12th Annual Internet Law Works-in-Progress Conference. So, we have that to look forward to.

The easiest way to get from LGA to Manhattan is via taxi or for-hire vehicle. It may cost approximately $35-45 plus tolls and tip. Public transportation is a little frustrating from LGA. You can take the M60 bus from LGA, which can drop you off right near the 116th Street 1 train station near Columbia. After walking around Columbia’s historic urban campus, you can follow the subway directions above. That trip takes about 1 hour from M60 to NYLS.

Hotel

The official conference hotel is the Hilton Garden Inn Tribeca. The Hilton is a 4 minute walk to NYLS.

I’ve negotiated a discounted room rate of $129/night for single rooms (King Bed). These rates include complimentary WiFi. That may sound expensive, but think of it this way: the Hilton’s average rate is $250 and the TriBeCa Grand wanted $450/night. Pass! To reserve your room at the discounted rate, use this link or call 646.833.1955 and state that you would like to make a reservation for the Internet Law Conference at the Hilton Garden Inn Tribeca. Rooms are available on a first-come, first-served basis, and rates are subject to change. All reservations must be booked by February 4, 2016, in order to receive the group rate.

Meeting Venue

The conference will be held in various rooms in NYLS at 185 West Broadway. When you arrive, check in at the desk in the Lobby and proceed directly to breakfast in the Events Center on the 2nd Floor.


Questions? Comments? Anxieties? Other emotional reactions? Please do not hesitate to email me at ari.waldman@nyls.edu. Internet-related humor is welcome.

The entire conference took place at New York Law School, 185 West Broadway, in the W (main) Building. Breakfast, lunch, and dinner was in the Events Center, W202. Breakout sessions were in nearby classrooms as indicated below.

We had two different types of sessions scheduled. Any session with 3 or 4 projects followed the Presentation/Discussion model and ran for 90 minutes. Each presentation was kept to a strict 22 minute time limit. Time keepers indicated when 5 minutes, 1 minute, and then 0 minutes remained. We reserved the right to use a Vaudevillian-style hook to pull you away from the podium. We recommended that presenters speak for no more than 8-10 minutes, leaving ample time for questions and discussion. This maximized feedback.

Any session with 2 papers followed the Discussant/Active Participant model and ran for 60 minutes. Here, there were no presentations. Each paper was kept to a strict 30 minute time limit. Time keepers indicated when 5 minutes remained. An assigned Discussant made introductory remarks for no more than 5 minutes, leaving 25 minutes for discussion. We recommended that authors power down to “listening mode” or keep comments brief. This maximized feedback.

Time

Sessions

8:00 a.m.-9:00 a.m.

Breakfast and Welcome (Events Center, W202)

9:00 a.m.-10:30 a.m.

Theory and PracticeRoom W120

Jane K. Winn: Period Four Implies Governance
Gus Hurwitz: An Economic Theory of Law and Technology
Helen Nissenbaum, Kiel Brennan Marquez, Paula Kift, Katherine Strandburg: (Non)content and Its (Dis)contents: When Metadata Speaks
Kristian Stout: ICANN, Contract Enforcement and Accountability: A Constitutional-Contractual Model of Internet Governance

PrivacyRoom W220

Daniel Susser: Notice After Notice-and-Consent
Emily McReynolds: The Myth of Anonymity
Doris Estelle Long: Privacy, Safe Harbors and Data Security: The Emerging International Boundaries of Personal Privacy on the Internet
Ira Rubinstein: Big Data and Privacy: The State of Play

Intellectual PropertyRoom W320

Cathy Gellis: Section 230 Defenses for Trademark Claims
Stacey Latagne: Internet Memes and a Right of Attribution
Annemarie Bridy: Three Notice Failures in Copyright Law

10:30 a.m.-10:45 a.m.

Break (Coffee and Snacks in Events Center, W202)

10:45 a.m.-11:45 a.m.

PrivacyRoom W120

Meg Leta Jones: Comparing Cyberconstitutionalism: Legal Conceptions of Computing Technologies & Personhood since Data Banks (Lead Commentator: Jill Bronfman)
Scott Skinner-Thompson: Performative Privacy (Lead Commentator: Ari Waldman)

TechnologyRoom W220

Paul Ohm: Regulating Software When Everything Has Software (Lead Commentator: Roger Ford)
Margot Kaminski: Privacy and the Right to Record (Lead Commentator: Paul Ohm)

New TechnologiesRoom W320

Ryan Calo: Robots in American Law (Lead Commentator: Andrea Matwyshyn)
Joshua Fairfield: ESCAPE: Property, Privacy, and the Internet of Things (Lead Commentator: Ryan Calo)

11:50 a.m.-1:00 p.m.

Lunch (Events Center, W202)

1:00 p.m.-2:30 p.m.

International PerspectivesRoom W120

Ben Sperry: Intelligent Design: How the FTC’s “Common Law” Approach to Data Security Must Evolve After Wyndham and LabMD
Nicola Lugaresi: Has the E.U. Gone Insane?
Geoffrey Manne: This is Not the Android You’re Looking For: A Law & Economics Critique of the Antitrust Case Against the Android Operating System
Paul Levy: The Impact of Costeja and Similar Cases on Free Speech Rights

PrivacyRoom W220

Jane Bambauer: A Bad Education
Hannah Bloch-Wehba
: Signed, Sealed, Delivered: A First Amendment Right of Access to Stored Communications Act Orders
Ignacio Cofone: Privacy Entitlements, Property Rules, and Liability Rules
Adriana Robertson: A Model of Privacy Loss

Free ExpressionRoom W320

David Ardia: Court Transparency and the First Amendment
Derek Bambauer: Info-Libertarianism
David Mangan: Controlling the Discussion: The Public and Private Law of Social Media
Michael Birnhack: John Doe Goes Online: The Privacy Implications of Access to Judicial Opinions

2:30 p.m.-2:45 p.m.

Break (Coffee and Snacks in Events Center, W202)

2:45 p.m.-3:45 p.m.

Intellectual PropertyRoom W120

James Grimmelman: Quantifying Copyright (Lead Commentator: Felix Wu)
Alexandra Roberts: Tagmarks (Lead Commentator: James Grimmelmann)

Privacy and DataRoom W220

Jill Bronfman: I’m Ready for My Close-Up, Mr. Spielberg: Creating a Working Model for Data Security and Personal Privacy in the Use Case of Unmanned Aerial Systems (UAS) in Film and Video Game Production (Lead Commentator: Rebecca Lipman)
Ari Waldman: Designing Privacy Policies (Lead Commentator: Josh Fairfield)

Privacy & SexualityRoom W320

Kiel Brennan-Marquez: Private Dragnets (Lead Commentator: Andrew Selbst)
Andrew Gilden: Punishing Sexual Fantasy (Lead Commentator: Scott Skinner-Thompson)

3:45 p.m.-4:00 p.m.

Break (Coffee and Snacks in Events Center, W202)

4:00 p.m.-5:15 p.m.

Net NeutralityRoom W120

Adam Candeub: Network Discrimination and Network Neutrality
Kelly Monroe: Editorial Discretion and Network Neutrality
Michael Santorelli: Beyond Network Neutrality

Copyright, Room W220

Raizel Liebler: Music Plus Copyright in Korea: Does Law Explain Why Korean Music is So Popular Worldwide?
Matthew Sag: Copyright’s Digital/Analog Divide
Jon Penney: Chilling Effects Online and the DMCA: A New Empirical Case Study

Surveillance & New TechnologiesRoom W320

David Opderbeck: Cybersurveillance Outside the United States
H. Brian Holland: We Are All Cyborgs Now: A Cognitive Theory of the Third-Party Doctrine
Aaron Ghirardelli: From eBay to Bitcoin: Trespass to Chattels and Standing Issues in Decentralized Peer-to-Peer Networks

5:15 p.m.-5:30 p.m.

Break (Coffee and Snacks in Events Center, W202)

5:30 p.m.-7:00 p.m.

CopyrightRoom W120

Yvette Liebesman: Who Is the Intended Infringer?
BJ Ard: Fair Use: Copyright’s Penalty Default Rule
Lilla Montagnani: “Sharing Cities” and Online Platforms for Urban Tourism: What Copyright for Citizen-Generated Content?

Sexuality and Free Speech NormsRoom W220

Sarah Lageson: Legislating “Revenge Porn”: Protecting Victims and Preserving Civil Liberties
Emily Laidlaw: Online Shaming and the Right to Privacy
Amanda Levendowski: Digital Defensive: Empowering Survivors of Intimate Partner Violence Through Technology
Kate Klonick: The Content Moderation Constitutional Convention: The History, Formation, and Exportation of Freedom of Expression Norms Worldwide

Data and TechnologyRoom W320

Brad Greenberg: Algorithmic Media Bias
Nizan Packin and Yafit Lev-Aretz: On Social Credit and the Right to be Unnetworked
Lauren Henry Scholz: Algorithmic Contracts
Berin Szoka: Out of the Frying Pan and Into the Fire: The FCC Takes Over Privacy Regulation

7:00 p.m.-8:00 p.m.

Dinner (Events Center, W202)