Breakout Session | 12:45 p.m.

Motion to Dismiss? Multistakeholder norms and the role of courts in shaping Internet policy

#Courts

The number of judicial decisions on Internet policy issues will increase as time goes on, as will the pressure on policymakers to figure out solutions to the conflict of laws in cyberspace. What role do national courts play in shaping global Internet policy? How do multistakeholder-developed norms relate to or influence judicial opinion, if at all? Can the decision of a foreign court change what we are able to access on the Internet in the US? This IGF-USA session will explore the role of courts in “the development and application…of shared principles, norms, rules, decision-making procedures, and programmes that shape the evolution and use of the Internet.”

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Moderator

Andrew Bridges

Partner, Fenwick & West LLP

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Andrew Bridges is widely regarded as one of the country’s leading litigators on cutting-edge and high-stakes issues affecting technology, online platform and consumer oriented companies. Clients of all sizes seek him out not only to solve immediate business and litigation needs but also to help anticipate the potential policy implications and risks of new business models and technologies. A vigorous, skilled and strategic advocate in tough and important fights, Andrew has 30 years of complex litigation experience in Internet, technology, media, copyright, trademark, advertising, trade secret, consumer protection, unfair competition, licensing and other commercial law disputes. He also coordinates foreign litigation matters for innovators and companies around the globe and participates in global forums that shape policy developments affecting startups, technology companies, and online platforms.

Panelists

Anupam Chander

Professor at the Georgetown University Law Center

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Anupam Chander is a Professor at the Georgetown University Law Center and Director of the California International Law Center and Martin Luther King, Jr. Professor of Law at the University of California, Davis. A graduate of Harvard College and Yale Law School, he has been a visiting professor at Yale, Chicago, Stanford, and Cornell. The author ofThe Electronic Silk Road (Yale University Press), he has published widely in the nation’s leading law journals, including the Yale Law Journal, the NYU Law Review, and the California Law Review. He practiced law in New York and Hong Kong with Cleary, Gottlieb, Steen & Hamilton. He served on the executive council of the American Society of International Law and serves as a judge for the Stanford International Junior Faculty Forum. The recipient of Google Research Awards and an Andrew Mellon grant on the topic of surveillance, he is a member of the ICTSD/World Economic Forum E15 expert group on the digital economy and the World Economic Forum expert group on digital trade.

Bertrand De La Chapelle

Executive Director, Internet & Jurisdiction Policy Network

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Bertrand de La Chapelle is the Executive Director and Co-founder of the Internet & Jurisdiction Policy Network. He has been a determined promoter and pioneering implementer of multi-stakeholder governance processes for more than 15 years, building upon his diversified experience as a career diplomat, civil society actor and tech entrepreneur. He was previously a Director on the ICANN Board (2010-2013), France's Thematic Ambassador and Special Envoy for the Information Society (2006-2010) and an active participant in the World Summit on the Information Society (2002-2005), where he promoted dialogue among civil society, private sector and governments. Bertrand is a frequent speaker in major Internet governance processes such as the Internet Governance Forum.

As an engineer, Bertrand was in the 1990s the Co-founder and President of the virtual reality company Virtools, now a subsidiary of Dassault Systèmes. Bertrand de La Chapelle is a graduate of Ecole Polytechnique (1978), Sciences Po Paris (1983), and Ecole Nationale d'Administration (1986).

Stephen LaPorte

Legal Director, Wikimedia Foundation

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Stephen is Legal Director at the Wikimedia Foundation, where he advises on copyright, privacy, free expression, and other internet law and policy topics. Stephen is co-creator of CollabMark, a trademark guide for open source software. He is also an active contributor to open source software projects, including a series of interactive visualizations on Wikipedia. Stephen’s main areas of interest are open source licensing and online platforms. Stephen graduated from the University of Nebraska-Lincoln and the University of California, Hastings College of the Law.

Emma Llansó

Director of the Free Expression Project at Center for Democracy & Technology

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Emma Llansó is the Director of CDT’s Free Expression Project, which works to promote law and policy that support users’ free expression rights in the United States and around the world. Emma leads CDT’s work in advancing speech-protective policies, which include legislative advocacy and amicus activity in the U.S. aimed at ensuring that online expression receives the highest level of protection under the First Amendment. Recognizing the crucial role played by Internet intermediaries in facilitating individuals’ expression, she works to preserve strong intermediary liability protections in the U.S. and to advance these key policies abroad.

Emma also leads the Free Expression Project’s work in developing content policy best practices with Internet content platforms and advocating for user-empowerment tools and other alternatives to government regulation of online speech. The Project’s work spans many subjects, including online child safety and children’s privacy, human trafficking, privacy and online reputation issues, counter-terrorism and “radicalizing” content, and online harassment. Emma is also a member of the Freedom Online Coalition’s Working Group on Privacy and Transparency Online, which is developing best practices for transparency reporting by governments and companies regarding government demands to Internet companies for content removal and access to user data. Emma works with CDT’s Global Internet Policy & Human Rights Project on advancing policies that promote free expression in global fora; she also works with the Global project in advocating for decentralized, multistakeholder approaches to Internet governance.

Emma earned a B.A. in anthropology from the University of Delaware and a J.D. from Yale Law School. Emma joined CDT in 2009 as the Bruce J. Ennis First Amendment Fellow; her fellowship project focused on legal and policy advocacy in support of minors’ First Amendment rights in the US. She is a member of the New York State Bar.

Ali Sternburg

Senior Policy Counsel at the Computer & Communications Industry Association

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Ali Sternburg is Senior Policy Counsel at the Computer & Communications Industry Association (CCIA). After initially joining as a Legal Fellow in June 2011, she focuses on online copyright issues and other areas of intellectual property policy. She is one of the main contributors to CCIA’s innovation-centered online initiative, the Disruptive Competition Project (DisCo), and is also a Fellow at the Internet Law & Policy Foundry. She received her J.D. in 2012 from American University Washington College of Law, where she was a Student Attorney in the Glushko-Samuelson Intellectual Property Law Clinic, President of the Intellectual Property Law Society, Senior Symposium Chair for the Intellectual Property Brief, and a Dean’s Fellow at the Program on Information Justice and Intellectual Property. She graduated from Harvard College in 2009 where she studied Government and Music, wrote her senior honors thesis on “Theoretical and Legal Views on U.S. Government Involvement in Musical Creativity Online,” and interned at the Berkman Center for Internet & Society at Harvard Law School.

Suzanne Woolf

Independent Consultant

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Suzanne Woolf is experienced in both the technical and policy aspects of the evolution of the Internet, particularly DNS and other network operations. She has held a variety of roles for the Internet Systems Consortium since 2002, currently including product management, strategic considerations for ISC's software and protocol development projects, and participation in Internet technical policy activities with ICANN, ARIN, and others.

As Technical operations manager for ICANN, Suzanne worked on the initial design and implementation of ICANN's internal network and providing operational support for ICANN's root nameserver. Earlier, she performed programming and systems administration for USC Information Sciences Institute. Her projects included programming and systems support, network engineering, and nameserver management.

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