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Transparency Around “Do Not Track”: Best Practices Regarding California’s Privacy Amendments and Related Legislative Developments


Product Code - LGN226
Speaker(s): Joanne McNabb, Office of the California Attorney General; Kurt Wimmer, Covington & Burling LLP; Elizabeth H. Canter, Covington & Burling LLP
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The California Online Privacy Protection Act (OPPA) has required websites and online services to post privacy policies for several years. Effective January 1, 2014, they are required to disclose how they respond to web browsers’ “do not track” signals. In the absence of a web standard for responding to such signals, privacy professionals need to know what this means and how it may affect online services.

The faculty will discuss how members of the online ecosystem have responded to the new requirements thus far and consider the California Attorney General’s enforcement priorities on this issue for 2014. In addition, they will describe other legislative developments, including recent amendments to the California OPPA and a requirement for websites to allow minors to remove postings that will become effective in 2015.

Educational Objectives:

• Gain a thorough understanding of the recently-effective privacy amendments.

• Learn about “do not track” signals and the regulation thereof.

• Discover how to advise your company or clients engaged in online commerce regarding these amendments.

Who would benefit most from attending this program?

Internet law specialists, privacy and data security professionals, corporate counsel for online companies.

Program Level: Intermediate
Prerequisite: A general understanding of privacy and data security.
CPE Delivery Method: Group Internet-Based Live
Field of Study: Specialized Knowledge and Applications
Recommended CPE Credit: 1.5 credits
Anticipated CLE Credit: 1.5 credits (may vary based on from which location requested)

For additional information, please see the “CE Credit” tab.

Joanne McNabb, Office of the California Attorney General; Kurt Wimmer, Covington & Burling LLP; Elizabeth H. Canter, Covington & Burling LLP

Joanne McNabb, Office of the California Attorney General
Joanne McNabb is the Director of Privacy Education and Policy at the California Department of Justice. This position involves protecting the constitutionally guaranteed right to privacy through civil enforcement of state and federal privacy laws, educating consumers and businesses, and making recommendations to the Attorney General on privacy matters. Ms. McNabb is a Certified Information Privacy Professional who serves on the Privacy Advisory Committee to the U.S. Department of Homeland Security and is a Fellow of the Ponemon Institute, a research center on privacy and data security policy.

Ms. McNabb holds a master’s degree from the University of California, Davis and attended Occidental College.

Kurt Wimmer, Covington & Burling LLP
Kurt Wimmer is a partner with Covington & Burling and serves as Co-Chair of the firm’s Privacy and Data Security Practice Group. He advises national and multinational companies on privacy, data security, content and digital technology issues. He is chair of the Privacy and Information Security Committee of the American Bar Association’s Antitrust Section and co-chair of the Privacy and Data Security Committee of the Federal Communications Bar Association. Mr. Wimmer is rated in the first tier by Legal 500, designated as a national leader in Chambers USA, and is included in Best Lawyers in America in four areas.

Mr. Wimmer represents clients on privacy and public policy matters before the FTC, the FCC, Congress, the European Commission and state attorneys general as well as in strategic advice, privacy assessments and policies, and international privacy matters. From 2000-2003, he focused on EU data protection law in Covington’s London office, where he was managing partner. From 2006 to 2009, he was Senior Vice President and General Counsel of Gannett Co., Inc., where he was a member of the Gannett Management Committee and was in charge of all legal and policy matters for a leading digital media and technology company. Mr. Wimmer has testified before Congress and legislatures in several other countries. He has published widely on global Internet jurisdiction issues, and he represented coalitions of media and technology companies in the landmark Ehrenfeld and Bangoura cases. Mr. Wimmer is chair of the First Amendment Advisory Council of the Media Institute and the D.C. Bar Committee on Media Law and is a member of the board of directors of the Media Law Resource Center and is past chair of its Defense Counsel Section. He also serves on the Advisory Board of Bloomberg BNA’s Internet Law Resource Center.

Mr. Wimmer earned a J.D. from Syracuse University College of Law, an M.A. from Syracuse University, Newhouse School of Public Communications, and a B.J. from the Missouri School of Journalism. He is admitted to practice in the District of Columbia.

Elizabeth H. Canter, Covington & Burling LLP
Libbie Canter is an associate in Covington & Burling’s Washington, D.C. office and a member of the firm’s Communications & Media and Privacy & Data Security Practice Groups. She represents and advises clients on matters before Congress and various federal agencies, including the Federal Communications Commission and the Federal Trade Commission. She has advised major technology and consumer electronics companies on data collection, use, and disclosure practices, including privacy-by-design strategies; counseled clients on data security breaches, including compliance with notification requirements and advice regarding possible regulatory enforcement actions; advised major financial services company on compliance with Gramm-Leach-Bliley Act and in connection with mergers and acquisitions and other transactions; and counseled clients on e-mail marketing and telemarketing strategies, including advising on questions under the Controlling the Assault of Non-Solicited Pornography and Marketing (CAN-SPAM) Act, the Telephone Consumer Protection Act, and implementing regulations, as well as in connection with related policy and litigation matters.

Ms. Canter earned a J.D. from the University of Virginia School of Law, where she was a member of the Order of the Coif and served as Articles Editor for the Virginia Law Review, and an A.B. from Duke University. She is admitted to practice in the District of Columbia and Virginia and is a member of the Federal Communications Bar Association.

This program’s CLE-credit eligibility varies by state. Bloomberg BNA is an accredited provider in the states of New York*, California, Pennsylvania, Texas and Virginia, and most other jurisdictions grant CLE credit on a per-program basis. At this time, Bloomberg BNA does not apply directly to the states of Florida, Rhode Island, Montana and Hawaii although credit is usually available for attorneys who wish to apply individually. Additionally, the following states currently do not grant credit for Bloomberg BNA OnDemand programming: Arkansas, Ohio, Nebraska, and Delaware. All requests are subject to approval once the live webinar has taken place or the customer has viewed the OnDemand version. Please contact the Bloomberg BNA accreditations desk if you have specific questions that have not been addressed.

*Bloomberg BNA is an accredited provider in New York for experienced attorneys only.

Hardship Policy
For information regarding Bloomberg BNA’s Hardship Policy, please visit the Continuing Education Information page.

Questions
Individual programs, subjects, and formats may not receive credit in some states and there may be specific rules regarding who may earn credit or the maximum number of credit hours that may be earned with specific formats. For specific questions, contact your state MCLE regulatory entity for specific questions about your MCLE rules or visit the American Bar Association’s website for general information on accreditation.

If you have further questions regarding a specific state or how to file for CE credit, please contact Bloomberg BNA customer service at 800-372-1033 and ask to speak to the CLE Accreditation Coordinator or send an email to accreditations@bna.com.