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Big Data and Big Challenges for Law and Legal Information - Georgetown Law Library - A Symposium in Celebration of 125 Years - January 30, 2013

Panel 1: Privacy Risks and Public Benefits of Big Data

Francine E. Friedman, Senior Policy Counsel, Akin Gump Strauss Hauer & Feld LLP

Francine FriedmanFederal Proposals Regarding Data Security and Privacy Regulation

Francine Friedman will bring her years of experience as an attorney and consultant on privacy policy to explain ongoing governmental efforts regarding privacy and big data. Through her presentation, participants will learn about overlapping initiatives on online privacy, mobile device privacy, and data security or breach notification. She will review why Congress has recently declined to address these issues and how federal agency action may be able to address the changing world of digital privacy.

Ms. Friedman has over a decade of government affairs and lobbying experience. The focus of her practice at Akin Gump includes advising clients on policy issues related to the collection, use and sharing of consumer and other data. She also represents clients on a variety of issues including tax policy, involving housing, energy and new markets tax credits; financial services reform; data security; privacy; education policy; trade; and energy issues.

Ms. Friedman has previously served as senior vice president of Parven Pomper Strategies (PPS) Inc. and as counsel in the government relations group at a global law firm. In 2005, she was instrumental in the establishment of the GO Zone housing tax credits after Hurricane Katrina, and worked with the IRS and Congress to encourage common-sense solutions to regulatory roadblocks impacting rebuilding in the Gulf States. Ms. Friedman has also led efforts to educate Congress on the appropriate point of regulation of natural gas liquids under a cap and trade regime, and has represented numerous client groups and coalitions on a variety of tax credit and tax preference issues with a focus on energy and low-income housing tax credits. She holds a J.D. from the College of William and Mary School of Law and a B.A. from Georgetown University.

Leslie Johnston, Acting Director, National Digital Information Infrastructure and Preservation Program, Library of Congress

Leslie JohnstonBig Data: New Challenges for Digital Preservation and Digital Services

What is the biggest insight that we have learned in fifteen years of building and stewarding digital collections? That we can never guess every way that our collections will be used. More and more researchers want to use collections as a whole, mining and organizing the information in novel ways. Researchers increasingly use algorithms to mine the rich information and tools to create pictures that translate that information into knowledge. Datasets are not just scientific and business tables and spreadsheets: our collections are now considered data, and they are Big Data. This presentation will cover case studies around data collections, and discuss potential new preservation and access service models for libraries.

Leslie Johnston has over 20 years of experience in digitization and digital conversion, setting and applying metadata and content standards, and overseeing the development of digital content management and delivery systems and services. She is Chief of Repository Development at the Library of Congress, which includes managing technical architecture initiatives in the National Digital Information Infrastructure and Preservation Program. Previously, she served as the head of digital access services at the University of Virginia Library; Head of Instructional Technology and Library Information Systems at the Harvard Design School; the academic technology specialist for Art for the Stanford University Libraries; and as database specialist for the Getty Research Institute. She has also been active in the museum community, working for various museums and teaching courses on museum systems.

Paul Ohm, Associate Professor of Law, University of Colorado; Senior Policy Advisor, Federal Trade Commission

Paul OhmBig Data’s Problems for Privacy

The rise of powerful Big Data analytics will force us to rethink the way we regulate data privacy. Today, most privacy laws and regulations focus on the data companies store in their databases. For example, privacy laws require those who maintain databases containing sensitive information – such as health, financial, or education records – to implement special security protections. Using Big Data techniques, however, companies soon will be able to infer sensitive and personal facts about us, without ever receiving those facts directly from us. Can and should privacy law respond to this challenge?

Paul Ohm is an Associate Professor at the University of Colorado Law School. He specializes in information privacy, computer crime law, intellectual property, and criminal procedure. He is currently on leave from the university serving as a Senior Policy Advisor to the Federal Trade Commission. In his scholarly work, Professor Ohm tries to build new interdisciplinary bridges between law and computer science. Much of his scholarship focuses on how evolving technology disrupts individual privacy. His 2010 article, “Broken Promises of Privacy: Responding to the Surprising Failure of Anonymization,” 57 UCLA Law Review 1701, has sparked an international debate about the need to reshape dramatically the way we regulate privacy. He is commonly cited and quoted by news media including the New York Times, Wall Street Journal, and NPR. Prior to joining the University of Colorado, Professor Ohm served as an Honors Program trial attorney in the U.S. Department of Justice’s Computer Crime and Intellectual Property Section. Before that, he clerked for Judge Betty Fletcher of the U.S. Court of Appeals for the Ninth Circuit and Judge Mariana Pfaelzer of the U.S. District Court for the Central District of California. He earned his law degree from the UCLA School of Law and undergraduate degrees in Computer Science and Electrical Engineering from Yale University.

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