» 2013 Nexus Journal Legal Symposium

Privacy and the Internet:
Is the Law Adapting as Fast as We Are? 
The Legal Implications of Technological Advancements

Friday, October 11, 2013
8:45 a.m. to 5 p.m.
Presented by Chapman University Fowler School of Law's Nexus Journal of Law and Policy
California MCLE credit (6 hours) 


Symposium Schedule

Check-in & Registration (8:45 - 9:15 a.m.)

Introduction (9:15 - 9:30 a.m.)

  • David Dowling, Professor of Law and Faculty Advisor of the Nexus Journal of Law and Policy, Chapman University Fowler School of Law

Opening Keynote Presentation: Facing The Digital Dilemma: How Fast-Moving Technology is Changing The Nature of Crime and Shifting The Legal Landscape (9:30 - 10:15 a.m.) VIEW WEBCAST »

  • Kevin Davis (Journalist, Author and Instructor in Writing and Journalism at Loyola University Chicago and the University of Chicago Graham School of Continuing Liberal and Professional Studies)
  • Moderator: Scott W. Howe, Professor of Law, Chapman University Fowler School of Law

Panel I: The Criminal Implications of Technological Advancements (10:15 - 11:45 a.m.) VIEW WEBCAST »

  • Elizabeth Henderson (Assistant District Attorney supervising the Major Fraud Unit of the Orange County District Attorney’s Office) "Prosecuting Organized Identity Theft Crimes – Orange County District Attorney"
  • Michael Cernyar (Attorney, Michael K. Cernyar, Esq., A Professional Corporation) "Pursuing Internet Wrongdoers and Representing the Alleged Cyber Criminal"
  • Dr. Nathan Good (Principal of Good Research and Affiliate Researcher for UC Berkeley’s TRUST Center) "I clicked what? The Science of Security, Privacy and Human Behavior"
  • Marc Beaart (Assistant Head Deputy of the High Tech Crime Division, Los Angeles County District Attorney’s Office) "High Tech Crime Division Los Angeles County District Attorney’s Office: Case Studies"
  • Moderator: Dr. Ronald Steiner, Professor of Law, Chapman University Fowler School of Law

Lunch Keynote Presentation: Privacy and Cybersecurity for the Enterprise (11:45 a.m.-1:45 p.m.) VIEW WEBCAST »

  • Amy S. Mushahwar (Of Counsel, Ballard Spahr LLP)
  • Moderator: Ronald Rotunda, Professor of Law, Chapman University Fowler School of Law

Panel II: Constitutional Issues with the Internet and Technology (1:45 - 3:15 p.m.) VIEW WEBCAST »

  • Dr. James Brecher (Associate Teaching Professor, The Writing Program at the University of Southern California) "A Cursory History of the Constitutional Right to Privacy and A Challenge for a New Language for this Right"
  • Brian Hayden Pascal (Research Fellow with the UC Hastings Law School’s Institute for Innovation Law and Fellow with the Stanford Law School Center for Internet and Society) "Big Data, the NSA, and What's Behind "Collect It All"'
  • Marc J. Blitz (Professor at Oklahoma City University School of Law) "Free Expression, Commercial Speech and 21st Century Persuasion"
  • Judge James P. Gray (Retired Orange County Superior Court Judge, currently working in private mediation for ADR Services, Inc. in Irvine, CA) "Shreds of privacy in an electronic world"
  • Moderator: Hugh Hewitt, Professor of Law and Faculty Advisor of the Nexus Journal of Law and Policy, Chapman University Fowler School of Law

Break (3:15 - 3:30 p.m.)

Panel III: Balancing Privacy Rights within the Workplace (3:30 - 5 p.m.) VIEW WEBCAST »

  • Eric Goldman (Professor of Law and Director of the High Tech Law Institute, Santa Clara University School of Law) "Statutes Restricting Employer Access to Employees' Social Media Accounts"
  • Jessica Linehan (Associate in the Labor and Employment group at Dorsey & Whitney LLP) "Watch It: Monitoring Employee Internet and E-mail Usage"
  • Felicia A. Davis (Associate in Employment Law Department at Paul Hastings) “#workplacerant:  Regulating Employees’ Social Media Use”
  • Erin Leach (Associate in the Labor and Employment group at Snell & Wilmer LLP) "Privacy Issues in Bring Your Own Device Policies In the Workplace"
  • Moderator: Dr. John A. Hall, Professor of Law, Chapman University Fowler School of Law

"En Banc" Reception: Cocktails and Appetizers for all guest, presenters, faculty and students (5 p.m. - 7 p.m.)

The En Banc hosted by Nexus Journal of Law and Policy, co-sponsored by: Employment Law Society, Entertainment and Sports Law Society, and Intellectual Property Law Society.

Disability Services will be provided upon request. If you require specific accommodations for this event, your request must be submitted no later than 7 days prior to the event, October 2, 2013. Please submit requests or questions to: Ian Jones, Assistant Director of Student and Alumni Services at ijones@chapman.edu or (714) 628-2619.

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+ - About the Symposium

Social media sites, cell phones, computers, and the Internet have all become everyday necessities to the average individual. Few put any thought into the legal implications that arise from using these technological advancements. What may seem like a simple comment on the Internet and an exercise of freedom of speech may turn into a criminal investigation. What might be an internal company discussion on a social media site may seem private, but in reality it might also be subject to legal action in which discovery is required. The question that arises is whether or not the law is keeping up with the advances in technology that we face every minute.  It is no longer a question of whether the Internet can connect us, but rather a question of how far is too far. 

Nexus Journal of Law and Policy at Chapman University Fowler School of Law is pleased to host a legal symposium on October 11, 2013 addressing the issues of Privacy and the Internet. This Symposium will provide an opportunity to explore and discuss the current state of the law, and the best approach for the future. As technology advances, so too must the legal field. 

+ - About Nexus: Journal of Law and Policy

The mission of the journal is to provide a forum for the vast array of individuals and groups that influence and shape American life. Nexus aims to put legal scholarship before an audience of interested professionals, though not limited to legal scholars and practitioners. Thousands of leaders in academia, government, media, law professors, and of course federal and state judges, subscribe to our journal. Nexus is the intersection where law, politics, economics, and media converge.

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Keynote Speaker: Kevin Davis

Kevin Davis is an award-winning journalist, author and magazine writer who’s written extensively about the criminal justice system. Davis is a regular contributor to the American Bar Association Journal, where his most recent article, “Witness harassment has gone digital, and the justice system is playing catch-up,” was published in August. Davis’ work has appeared in the Chicago Tribune, USA Today, Chicago magazine, Reader’s Digest, USA Weekend, Utne Reader, Writer’s Digest, In These Times, Crain’s Chicago Business, Encyclopaedia Britannica and many other publications. 

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Amy S. Mushahwar

Amy S. Mushahwar is an experienced data privacy, security, and management attorney with more than 15 years' experience in the technology industry in both legal and engineering capacities. She defends companies in privacy-related matters, including breach of security litigation, and advises on regulatory issues involving e-commerce, including social networking sites, the use of mobile platforms in banking transactions, and PCI compliance for payment cards. She also assists clients in the development of integrated digital platforms, particularly those using the Internet, cloud computing, emerging payments, database APIs, and mobile technology.