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Privacy, Access, Technology, and the Future of Litigation in the United States

Friday, May 13, 2011
9:00 am


105 Computer Science

This conference is free and open to the public. Registration is open until the event begins, but only attendees registered by Tuesday, May 10, 2011 will receive lunch and a name tag. New Jersey and New York CLE credit is available for lawyers who attend.

We are in an era of constantly evolving communications technologies. Electronic access to judicial records and proceedings has the prospect of furthering transparency of the ‘Third Branch’ of government and increasing public trust. On the other hand, there may be times when secrecy or confidentiality mandate that access be restricted. A set of “Best Practices” for confidentiality and access to court records were issued by the Sedona Conference in 2007. Are these still useful? Does technology require a new approach to balancing access with secrecy or confidentiality? Join us for a day-long presentation on where we were, where we are, and where we may be.

Video Recordings:
Panel 1
Panel 2
Panel 3
Panel 4

Registration and Continental Breakfast (8:30 AM – 9:00 AM)

Introduction and Overview (9:00 AM – 9:15 AM)

Stephen J. Schultze, Center for Information Technology Policy, Princeton University

Ron Hedges, Ronald J. Hedges LLC

Panel 1 (9:15 AM – 10:15 AM)

The Sedona Guidelines on Confidentiality and Public Access Working Group: Did Sedona get “it” right in 2005? How has the law developed since then?

Moderator: Kenneth J. Withers, Director, Judicial Education and Content, The Sedona Conference


  • Grayson Barber, Grayson Barber LLC
  • David Kessler, Partner, Fulbright & Jaworski
  • Anthony J. Knaapen, Manager Litigation Discovery, Chevron Corporation

Break (10:15 AM – 10:30 AM)

Panel 2 (10:30 AM – 12:00 PM)

The American Concept of Privacy in 2011 and Beyond: How has the way we looked at privacy changed? Will there be further changes?

Moderator: Joel R. Reidenberg, Professor of Law, Fordham University School of Law


  • Julia Angwin, Senior Technology Editor, Wall Street Journal
  • Julian Sanchez, Research Fellow, CATO Institute
  • David C. Shonka, Principal Deputy General Counsel, Federal Trade Commission

Lunch (12:00 PM – 1:00 PM)

Panel 3 (1:00 PM – 2:30 PM)

Balancing Privacy and the Public Interest in the “Electronic Age”: Is there a balance? Are there irreconcilable differences?

Moderator: Stephen Schultze, Princeton CITP


  • Karen Eltis, Professor, University of Ottawa (currently visiting at Columbia Law)
  • Natalie Gomez-Velez, Professor of Law, CUNY School of Law
  • Maura R. Grossman, Counsel, Wachtell, Lipton, Rosen & Katz

Break (2:30 PM – 3:00 PM)

Panel 4: (3:00 PM – 4:00 PM)

Looking to the Future: Do we revisit confidentiality and access in light of new and emerging technologies? What revisions to existing law might be made? What happens whenever a new technology appears? Should rules be “technologically neutral” rather than attempt to “legislate” specific technologies?

Moderator: Ron Hedges, Ronald J. Hedges LLC


  • David Kessler, Partner, Fulbright & Jaworski
  • Kenneth J. Withers, Director, Judicial Education and Content, The Sedona Conference
  • David C. Shonka, Principal Deputy General Counsel, Federal Trade Commission
  • Peter A. Winn, Assistant US Attorney, US Department of Justice

Reception (4:00 PM – 5:00 PM)

Reading Materials

The following materials provide background for the panels. Attendees that are seeking CLE credit should review these materials.

    Julia Angwin is a technology editor for the Wall Street Journal. In the mid-1990’s Julia covered technology for the San Francisco Chronicle, including the Microsoft antitrust case. She earned an MBA from Columbia in 2000, and joined The Wall Street Journal to cover technology and the dot-com boom, including the rise and fall of the AOL Time Warner merger. She was also on a team of reporters at The Wall Street Journal that was awarded the Pulitzer Prize in Explanatory Reporting for coverage of corporate corruption. She now cevers the convergence of technology and media, including battles over copyright issues and open access to cable companies’ Internet pipes. She took a leave of absence in 2007 and 2008 to write the book Stealing Myspace, which discusses the swift rise and deep cultural impact of the site. She has now returned to The Wall Street Journal, where she is working on their groundbreaking “What They Know” series, among other things.

    Grayson Barber is a privacy advocate with a law office in Princeton, New Jersey. She serves on the advisory board of the Electronic Privacy Information Center and works as a volunteer attorney for the American Civil Liberties Union. Grayson advises the Intellectual Freedom subcommittee of the New Jersey Library Association, and chairs the Individual Rights Section of the New Jersey State Bar Association. She served on the New Jersey Privacy Study Commission and the state Supreme Court Special Committee on Public Access to Court Records. A graduate of Rutgers Law School in Newark, Grayson clerked for the Honorable Robert E. Cowen, U.S. Court of Appeals for the Third Circuit.

    Karen Eltis is a Visiting Scholar and adjunct professor at Columbia Law School. She is a tenured professor at the Faculty of Law of the University of Ottawa, Canada (Section de droit civil) and former Co-director of the Center for Law, Technology and Society. Karen specializes in Internet law and policy (privacy and data security) and comparative law. She served as Senior Advisor to the National Judicial Institute and has a book titled “Courts in the Digital Age” (Toronto, Irwin Law), forthcoming in 2011. Fluent in French, English, Hebrew, Romanian, and Spanish, Professor Eltis holds law degrees from McGill University, the Hebrew University of Jerusalem and Columbia Law School (Harlan Fiske Stone Scholar). She clerked for Chief Justice Aharon Barak of the Supreme Court of Israel. Prior to joining the faculty at the University of Ottawa, Karen was a litigation associate in New York City, focusing on International Dispute Resolution.

    John M. Facciola is a United States Magistrate Judge for the District of Columbia, appointed in August, 1997. Prior to being appointed to the bench, he served as an Assistant District Attorney in Manhattan from 1969–1973, and was in private practice in the District of Columbia from 1974–1982. Judge Facciola joined the U.S. Attorney’s Office in 1982. He served in the Appellate and Civil Divisions and then as Chief of the Special Proceedings section from 1989 until his appointment as Magistrate Judge. He has been an adjunct professor of law at Catholic University and at Georgetown University Law Center, a fellow of the American Bar Foundation and a member of the Board of Governors of the John Carroll Society. He has been the Editor in Chief of the Federal Courts Law Review, the electronic law journal of the Federal Magistrate Judges Association. He is also on the Advisory Board for the Sedona Conference, an organization which brings together attorneys, judges, and experts to help advance the law in a collaborative, just and reasoned manner. Judge Facciola has been a thought leader in issues related to electronic discovery. He has written a number of opinions and lectures frequently on the topic.

    Natalie Gomez-Velez is a graduate of New York University School of Law where she was an Arthur Garfield Hays Civil Rights/Civil Liberties Fellow and steering committee member of the Latino Law Students Association. Following three years of private firm litigation experience, she became General Counsel/Agency Chief Contracting Officer at the New York City Department of Youth Services. She then was a staff attorney at the ACLU Reproductive Freedom Project. She has worked at NYU School of Law’s Brennan Center for Justice, as Assistant Deputy Attorney General for Public Advocacy in the New York State Attorney General’s Office, and as Special Counsel to the Chief Administrative Judge of the New York State Unified Court System. She has also taught at NYU School of Law. Professor Gomez-Velez was named an Outstanding Latina of 2003 by El Diario/La Prensa. She has served as the Bronx Representative on the New York City Panel for Educational Policy and as the representative of the Twelfth Judicial District on the New York State Board of Regents. She currently serves on New York’s Statewide Judicial Screening Committee appointed by Chief Judge Judith S. Kaye.

    Maura R. Grossman is Counsel at Wachtell, Lipton, Rosen & Katz, where she advises the firm and its clients on legal, technical, and strategic issues involving electronic discovery and information management, both in the U.S. and abroad. Maura was appointed by Chief Administrative Judge Ann Pfau to serve as co-chair of the E-Discovery Working Group advising the New York State Unified Court System, and by District Judge Shira A. Scheindlin to serve on the Discovery Management and E-Discovery Issues Subcommittee of the Attorney Advisory Group to the U.S. District Court for the Southern District of New York. She is an adjunct faculty member at Rutgers School of Law–Newark and Pace Law School. Maura is a member of The Sedona Conference Working Groups on Electronic Document Retention and Production (“WG1”), and on International Electronic Information Management, Discovery and Disclosure (“WG6”).

    Ronald J. Hedges served as a United States Magistrate Judge in the District of New Jersey from 1986 to 2007. He is a member of the advisory boards of Georgetown University Law Center’s Advanced E-Discovery Institute and of The Sedona Conference. Ron is an adjunct faculty member at Georgetown Law and is a Visiting Research Collaborator for the 2010-11 academic year at the Center for Information Technology Policy at Princeton University.

    David Kessler joined the New York office of Fulbright & Jaworski L.L.P. in 2010 and is co-head of the Firm’s E-Discovery and Information Management Practice. As a partner, David works with Fulbright’s litigation group and focuses on e-discovery, information management, data privacy and intellectual property litigation. Previously, David was a partner at a large firm and one of the founding members of the firms’ E-Discovery and Data Management Task Force. David has represented companies in all areas of electronic discovery and information management. David focuses not only on tactical e-discovery issues in particular cases, but advises clients regarding strategic e-discovery portfolio management and data governance.

    Anthony Knaapen is Manager of Litigation Discovery at Chevron Corporation. His current responsibilities include managing Chevron’s litigation paralegals and e-Discovery project managers in San Ramon and Houston. He has oversight responsibilities for Chevron’s Preservation Order Process, is a member of the Law Function’s Litigation Management Board, and works closely with Litigation Case Managers, Law IT, IT Forensics, outside counsel, and business colleagues to reinforce the strategies and processes established for matters involving Electronically Stored Information. Mr. Knaapen has been with Chevron since 1989 and has held a number of positions in the Law Function including Supervisor of Legal Analysts, Supervisor of Legal Process, and Litigation Specialist. Prior to joining Chevron, Mr. Knaapen was the Paralegal Coordinator for Sedgwick, Detert, Moran & Arnold in San Francisco, where he played an active role in their Dalkon Shield, DES, Jeep, and Tobacco litigation dockets.

    Joel R. Reidenberg holds the Stanley D. and Nikki Waxberg Chair in Law and is the Founding Academic Director of the Center on Law and Information Policy at Fordham Law School. He is a former Associate Vice President for Academic Affairs/Associate Chief Academic Officer of Fordham University. Reidenberg’s published books and articles explore both information privacy and information technology law and policy. He has served as an expert adviser to the U.S. Congress, the Federal Trade Commission and the European Commission on data privacy matters. Reidenberg received an A.B. degree from Dartmouth College, a J.D. from Columbia University, and a Ph.D in law from the Université de Paris -Sorbonne. He is admitted to the Bars of New York and the District of Columbia.

    Julian Sanchez is a Washington, D.C.-based writer and journalist who covers the intersection of privacy, technology, and politics (with occasional forays into pop culture and philosophy). He currently works as a Research Fellow at the libertarian Cato Institute, is a contributing editor for Reason magazine, was previously the Washington Editor for the technology news site Ars Technica, and attended New York University studying philosophy and political science.

    Stephen J. Schultze is Associate Director of the Center for Information Technology Policy at Princeton. His work at CITP includes internet privacy, security, government transparency, telecommunications policy, and more. He holds degrees in Computer Science, Philosophy, and Media Studies from Calvin College and MIT. He has also been a Fellow at the Berkman Center for Internet & Society at Harvard, and helped start the Public Radio Exchange.

    David Shonka is Acting General Counsel of the United States Federal Trade Commission. As the Commission’s chief legal officer and adviser, the General Counsel represents the agency in court and provides legal counsel to the Commission and its bureaus and offices. Shonka has served as the FTC’s Principal Deputy General Counsel since April 2008. He also chairs the FTC’s E-discovery Steering Committee for government law enforcement investigations. Shonka graduated from the University of Maine School of Law and earned undergraduate degrees in English and economics from the University of Nebraska.

    Peter A. Winn has served as an Assistant U.S. Attorney in the United States Department of Justice since 1994. He has taught privacy law, computer crime and health care law at the University of Washington School of Law. He also taught as an adjunct lecturer at Southern Methodist School of Law, and has been a visiting lecturer at the University of Melbourne. His legal experience includes service as a Special Assistant Attorney General for the Texas Attorney General’s Office, work in private practice at corporate law firms in New York and Dallas, service as a staff attorney at the Securities and Exchange Commission. He clerked for Federal District Judge James McMillan in the Western District of North Carolina. He received his J.D. from Harvard Law School, cum laude, in 1986, and his B.A. from Williams College, magna cum laude, in 1980. He also received an MPhil in Philosophy from the University of London where he studied as a Marshall Scholar from 1980 until 1983.

    Kenneth J. Withers is the Director of Judicial Education and Content for The Sedona Conference, an Arizona-based non-profit law and policy think tank which has been on the forefront of issues involving complex litigation, intellectual property and antitrust law. Since 1989, he has published several widely-distributed papers on electronic discovery, hosted a popular website on electronic discovery and electronic records management issues, and given presentations at more than 250 conferences and workshops for legal, records management, and industry audiences. From 1999 through 2005, Ken was a Senior Education Attorney at the Federal Judicial Center in Washington D.C., where he developed Internet-based distance learning programs for the federal judiciary concentrating on issues of technology and the administration of justice.


Driving directions to Princeton and campus maps are available on the Princeton Visitor Site.

Please see the Visitor Parking website for information regarding parking in the appropriate visitor lots on campus. You will probably want to park in Lot 21. There is also metered parking along William, Olden, and Prospect.

When coming by train from NYC, take the NJTransit northeast corridor line from New York Penn station to Princeton. When coming by train from Philadelphia, take the SEPTA train from Philadelphia to Trenton. Then take NJTransit northeast corridor line from Trenton Station to Princeton. In either case, you must change trains at Princeton Junction and take a smaller train called the “dinky” to Princeton, or take a cab to campus. When headed home, trains leave from the Princeton station roughly every half hour. Assume about two hours to go from Princeton Station to Philadelphia, New York Penn Station, or to get to your terminal at Newark Airport. If you are going to Newark Airport on NJTransit, be sure to buy the “Newark International Airport (EWR)” ticket rather than the “Newark” ticket — you will use this ticket to ride the airport shuttle train called the “Airtrain” to your terminal.

The E-Quad is within walking distance from the Princeton train station and from most parking lots. CITP’s building, called Sherrerd Hall, and the Computer Science Building are both in the E-Quad area between William Street and Prospect Avenue, near Olden Street. If you wish to take a shuttle instead of walking, refer to the shuttle tracking map for details of which shuttle to take. Your stop is the Friend Center building on the corner of Olden and Nassau.

Recommended Lodging

The Nassau Inn, Ten Palmer Square, Princeton, NJ 08542 – Phone: 609.921.7500. The Nassau Inn is within walking distance to campus.

The Hyatt Place Princeton, 3565 US Highway 1, Princeton, NJ 08540 – Phone: 609.799.0550. The Hyatt Place does provide shuttle bus service to campus.

The Residence Inn Princeton at Carnegie Center, 3563 US Route 1, Princeton, NJ 08540 – Phone: 609.720.0200. The Residence Inn does provide shuttle bus service to campus.

For more hotel options go to Campus Travel. Click on the left menu option “Hotels” and then select “Princeton Area Hotels.” (Ask for the Princeton rate. You may want to confirm with the hotel that they have shuttle service to campus.)