American Conference Institute's

Summit on Advertising Privacy Compliance: Mobile Apps, Smart Phones & the World Wide Web

Tuesday, June 04 to Wednesday, June 05, 2013
The Carlton Hotel, New York, NY

DAY ONE • TUESDAY, JUNE 4, 2013

7:00 Registration and Continental Breakfast

8:00 Co-Chairs’ Opening Remarks

Darren Bowie
Chief Privacy Officer and Associate General Counsel
Global Legal, Compliance, and Regulatory
AIG (New York, NY)

Dominique R. Shelton
Partner
Alston & Bird (Los Angeles, CA)

8:15 Insights into Forthcoming Privacy Legislation and Government Initiatives

Darren Bowie
Chief Privacy Officer and Associate General Counsel
Global Legal, Compliance, and Regulatory
AIG (New York, NY)

Bevin Murphy
Attorney - Northeast Regional Office
Federal Trade Commission (New York, NY)

David Wainberg
Counsel & Senior Director of Technology
Networking Advertising Initiative (New York, NY)

D. Reed Freeman, Jr.
Partner
Morrison & Foerster LLP (Washington, DC)

It is clear that privacy is of great concern to Congress, the FTC and other government agencies. Companies can expect federal privacy legislation to be debated on the Senate floor as lawmakers seem increasingly motivated to impose some clarity on the murky world of mobile apps Federal regulators will take you through proposed legislation and the FTC’s anticipated initiatives.

  • Reviewing privacy triggers of greatest concern to U.S. consumers
  • Addressing these harms to make the internet a safer space for users
  • Protecting consumers without curbing technology innovation

9:45 Complying with Privacy Laws of Multiple States in a Complex Regulatory Landscape

Gene Fishel
Senior Assistant Attorney General
Chief, Computer Crime Section
Office of the Virginia Attorney General (Richmond, VA)

Matthew Fitzsimmons
Assistant Attorney General
Office of the Connecticut Attorney General (Hartford, CT)

Travis LeBlanc
Special Assistant Attorney General
Office of the California Attorney General (San Francisco, CA)

Paul Singer
Assistant Attorney General
Office of the Texas Attorney General (Austin, TX)

Jim Halpert
Partner
DLA Piper LLP (Washington, DC)

  • Tracking conflicting, evolving and developing regulations in 46+ states
  • Analyzing the interplay between the FTC and State AGs on mobile privacy
  • Structuring your compliance program in light of California mandates and best practices, FTC and NTIA initiatives
  • Determining if California standards should be used as a benchmark for your privacy initiatives
  • Communicating effectively with regulators, as appropriate
  • How to avoid becoming a target for state AG enforcement
  • Handling multi-state investigations and enforcement actions when a violation spans multiple states
  • Balancing a company’s information storage practices with state data breach notification laws
  • Understanding the National Association of Attorney General’s focus on advertising privacy
  • What constitutional and practical limits apply to state efforts to regulate mobile privacy and state AG efforts to drive best practices?

11:15 Morning Coffee Break

11:30 Crafting a Kid-Friendly Marketing Campaign in Light of the FTC’s COPPA Updates

Linnette Attai
President and Founder
PlayWell LLC (New York, NY)

Wayne J. Keeley
Vice President & Director
Children’s Advertising Review Unit, CBBB (New York, NY)

Denise Tayloe
Founder, President and Chief Executive Officer
PRIVO (Vienna, VA)

Steven B. Roosa
Partner and Co-Chair,
Data Privacy and Security Team
Holland & Knight (New York, NY)

Dana B. Rosenfeld
Partner and Chair,
Privacy and Information Security Practice
Kelley Drye & Warren LLP (Washington, DC)

  • Developing a safe social space for children to satisfy the FTC’s desire for greater clarity and disclosure
  • Verifying either that a child is older than 13, or that parental consent is given
  • Understanding how the COPPA updates could pave the way for stricter adult-focused privacy controls
  • A practical assessment of key revisions to the COPPA Rule
    • adjusting business practices in response to changes to Rule definitions including “personal information,” “operator,” and “persistent identifier”
    • understanding the new compliance option for certain websites or online services directed to children
    • how changes to the COPPA Rule align with the FTC’s final privacy framework
  • Key takeaways from recent COPPA enforcement actions and what they signal for the second half of 2013
  • Update on state regulator efforts relating to children’s online privacy
  • The FTC’s focus on mobile applications that target children
    • recommended disclosure practices for the mobile ecosyste
    • best practices for communication between ecosystem partners
  • Analyzing the impact of emerging technologies such as facial recognition, augmented reality, and others on traditional disclosure practices
  • Exploring recent CARU inquiries to determine where other companies are falling short, and where your protocols need to be strengthened

1:00 Networking Lunch

2:00 Minimizing the “Creep Factor:” Establishing Parameters for Behavioral Advertising and Geo Locating in Order to Enhance the Consumer Experience While Minimizing Privacy Concerns

Darlene Cedrés, CIPP, CISM
Senior Counsel, Privacy, Data Security & Technology
Wyndham Hotel Group (Parsippany, NJ)

Brian Chase
General Counsel
Foursquare (New York, NY)

Michael Grazio, CIPP
Managing Counsel
Privacy & Data Protection
MasterCard Worldwide (Purchase, NY)

Ted Lazarus
Senior Counsel
Google Inc. (New York, NY)

Dominique R. Shelton
Partner
Alston & Bird (Los Angeles, CA)

  • Ensuring that your privacy policy is clearly spelled out and that you are living up to the stipulations of the policy
  • Collecting, protecting and disclosing terms and conditions in a way that won’t turn off consumers
  • Reconciling a consumer’s desire for privacy with the sometimes conflicting desire to be active in the digital sphere
    • asking consumers if you can use their location
  • Articulating clearly to consumers what data will be used, what it will be used for, and who it may be shared with
    • avoiding over collection
  • Ensuring that consumers have clear methods of “opting out” of advertising materials
    • simplifying privacy controls
    • assuaging consumer concerns and perceptions on data collection
  • Utilizing location data in order to push out relevant advertisements and recommendations to consumers
  • Mitigating internet abuse through the use of e-mail, pop-ups, super cookies, spam and spyware
  • Regulating online profiling and targeting capabilities
  • Analyzing second tier privacy concerns when posted pictures and videos include people who did not consent to the posting
  • Developing best practices for the commercial collection and use of personal information
  • Contracting with third-party service providers who will collect data
    • negotiating contract provisions that reflect industry standards
    • drafting warranties to ensure consumer information is protected
  • Updating a website’s privacy policy to include display advertising and retargeting
    • limiting the “stalker factor” of the brand
  • Utilizing IP addresses to create a direct link between individuals and their online activities
  • Providing consumers with adequate notice in the event of a data breach
  • Destroying personally identifiable information as soon as practical

3:30 Afternoon Refreshment Break

3:45 Spotlight on Canadian Privacy Initiatives: Behavioral Advertising, Online Advertising & Mobile Marketing

Chantal Bernier
Assistant Commissioner Office of the Privacy
Commissioner of Canada (Ottawa, Canada)

4:15 Navigating Across Jurisdictional Variances: Dissecting the Parameters of Global Privacy Laws in Order to Compliantly Advertise Your Products

Lynn Goldstein
Senior Vice President & Chief Privacy Officer
JPMorgan Chase (Chicago, IL)

Joanna Levin
Privacy Counsel
Avon Products, Inc. (New York, NY)

Peter J. Reid
Privacy Officer, HP Enterprise Business
Hewlett-Packard Company (Plano, TX)

Lisa J. Sotto
Managing Partner
Hunton & Williams LLP (New York, NY)

  • Being cognizant of cultural sensitivities and language barriers
  • Enacting a privacy policy that takes advantage of the safe harbor provisions
    • adhering to the 7 Principles
    • self-assessment
    • recertification
  • Selecting an independent dispute resolution provider to meet enforcement principles of the Safe Harbor
  • Understanding the complexities of being a good global player in each of the respective companies that you do business
  • Identifying how the EU defines personal information
  • Developing global solutions to serve customers around the world
    • cookie consent laws
    • opt in vs. opt out
  • Reconciling the expectations of regulators and enforcement authorizes with the expectations of and desires of the consumers
  • Readying your privacy policies for the 2015 enactment of the Data Privacy Directive
    • local nuances versus Directive requirements
  • Mitigating the risks of the EU’s increasing level of enforcement aggression
  • Managing cross-border data transfers
    • complying with EU data protection rules relating to marketing
  • Implementing different response plans depending on the location of the data breach
  • Fitting corporate rules in the framework of international privacy regulatory requirements in a way that is practical, compliant and cost-effective
  • Knowing when it is in your best interest to hire local counsel in a specific country

5:30 Conference Adjourns to Day 2

DAY TWO • WEDNESDAY, JUNE 5, 2013

7:30 Registration and Continental Breakfast

8:15 Co-Chairs’ Opening Remarks 8:30 Monetizing the Mobile Space While Minimizing the Inherent Risks of Emerging Technology

Tia Arzu
General Attorney
AT&T (Atlanta, GA)

Jill Simeone
Cyberlawyer
General Counsel’s Office American Express (New York, NY)

Adam Turkel
Legal Counsel
AppNexus (New York, NY)

John Um
Assistant General Counsel
NIKE, Inc. (North Andover, MA)

  • Utilizing geo fencing to serve an advertisement on consumers within a specified area
  • Recommending certain actions based on the consumer’s relative position
  • Creating a deeper understanding of mobile purchase behaviors to monetize your mobile advertising strategy
  • Understanding the sophistication level of your consumer to avoid millions of dollars in missed opportunities
  • Tailoring the advertising message to users of a specific type of device
  • Leveraging mobile consumer behavior data to determine strategies for reaching the target audience with the right message at the right time
  • Developing apps that continuously engage consumers and encourage brand connection in a more substantial way
  • Creating a regulatory schematic that does not stymie the ability to market to consumers through SMS

9:45 Utilizing Industry Self-Regulation to Foster Transparency in the Advertising Ecosystem

Genie Barton
Vice President and Director,
Online Interest-Based Advertising Accountability Program & Mobile Marketing Initiatives
Council of Better Business Bureaus, Inc. (Arlington, VA)

Dona Fraser
Vice President, Privacy Online
Entertainment Software Rating Board (New York, NY)

Dan Jaffe
Group EVP, Government Relations
Association of National Advertisers (Washington, DC)

Lou Mastria
Managing Director
Digital Advertising Alliance (New York, NY)

Rachel Thomas, CIPP
Vice President, Government Affairs
Direct Marketing Association (Washington, DC)

  • Analyzing specific implementation practices in support of the Self-Regulatory Principles for Online Behavioral Advertising
  • Responding to the FTC’s call for more robust and effective self-regulation of online behavioral advertising practices
  • Coordinating a brand’s advertising and a company’s website for compliance not only with federal requirements but also with industry guidelines
  • Analyzing the guidelines from the MMA, DAA and ANA and using them as predictors of what additional legislative/regulatory efforts would look like
  • Adopting the DAA’s principles for providing enhanced notice to consumers
  • Monitoring and enforcing compliance, as well as managing consumer complaint resolution

11:15 Morning Coffee Break

11:30 Employee Right to Privacy: Adopting Rules That Make Corporate Data on an Employee’s Smart Phone Easier to Identify and Control

Brad Bolin
Senior Corporate Counsel
Best Buy (Richfield, MN)

Jane P. Edwards
Counsel
IBM Corporation (Armonk, NY)

James Lai
Counsel
Motorola Mobility LLC (Libertyville, IL)

Jon Westlund
Senior Counsel, Global Privacy
Wyndham Worldwide Corporation (Parsippany, NJ)

Changing your business model to adapt to advancements in technology and emerging platforms

  • Creating a governance policy outlining how the company may and will use employee data
    • utilizing tools to gather emails and other electronic information
    • pursuing investigations only with adequate cause -
    • instilling sufficient protective boundaries
  • Understanding the ‘ownership’ of photographs, apps, contacts and other downloads on a company owned mobile device
  • Ensuring that corporate information is safely removed from an employee’s personal device when the employee leaves the company
  • Outlining the permissible checks an employer can conduct on an employee and how often these checks may be run
  • Monitoring employee’s activity on social media websites
  • Archiving SMS or text messages for later e-discovery use

1:00 Networking Lunch

2:15 Developing an Omnichannel Strategy to Merge the On and Offline Consumer Experience

Teena H. Lee
Vice President and Legal Counsel
The Estee Lauder Companies Inc. (New York, NY)

  • Data collection methodologies for aggregating two sets of consumer information
  • Creating a seamless convergence between the brick and mortar and virtual spaces
  • Monetizing the product through this data aggregation while maintaining data integrity
  • Determining the length of time that an advertisement should follow a consumer
  • Adapting to new behaviors and embracing emerging technologies to create value-added experiences both on and offline
  • Providing a very consistent experience regardless of the customer touch point to create a uniform brand experience

3:15 Afternoon Refreshment Break

3:30 Smart Promotions for Smart Phones: Avoiding Legal Pitfalls While Leveraging New Trends in Mobile Apps and Gamification

Ira W. Schlussel
General Counsele
Prize (Pleasant Ridge, MI)

David S. Almeida
Partner
Sedgwick LLP (Chicago, IL)

Jamie Rubin
Partner
InfoLawGroup LLP (Chicago, IL)

  • Creating an interactive and cutting edge experience for your customers
  • Disseminating sweepstakes rules in a meaningful way in limited characters
  • Explaining clearly what information is being captured through an app or QR code
  • Ensuring that a free method of entry is still available to avoid consideration problems stemming from smart phone data usage
  • Utilizing a mobile app to create a fun experience for consumers while giving them the opportunity to win something
  • Incentivizing consumers for frequently accessing your app
  • Tracking the number of mobile entries to determine the success of an app-based program
  • Enabling consumers to “check in” for the chance to win a prize
  • Examining the rules and legal consequences for taking your IP into a mobile environment
  • Eliminating lottery issues with the use of “virtual” currency as prizes
  • Obtaining consent from all people featured in a photo or video when running a UGC contest

4:30 Main Conference Concludes