Cyberspace Law Subcommittees

Blockchain and Cryptocurrency

Chair

Carla Reyes

Mission Statement

The Blockchain and Cryptocurrency committee addresses legal aspects of blockchain technologies, including cryptocurrency and more general distributed ledger services. The legal issues include regulatory compliance, intellectual property, and privacy concerns. The committee produces webinars, publications, and provides guidance to other subcommittees within the Cyberspace Law Committee.

Cloud and Enterprise Technology

Chair

Candace Jones

Mission Statement

The Cloud & Enterprise Technology Subcommittee provides a forum for business lawyers who support the wide range of technology matters their business clients encounter. We are “law and technology generalists.” Subcommittee projects focus on tools to assist in-house counsel and business lawyers in private practice provide practical and actionable advice to clients managing technology in day-to-day operations and making technology investments to innovate and remain competitive.

Consumer Privacy and Data Analytics

Chairs

Michael Simon
Katy Keohane
John Rothchild

The mission of the Consumer Privacy and Data Analytics Subcommittee is to explore legal and practical issues affecting the business lawyer regarding the collection and processing of personal information. Individuals have a strong interest in maintaining control over their personal information, by deciding who should have access to it and what uses may be made of it. At the same time, entities including business, government, and research institutions have legitimate interests in deriving economic value or societal benefits from that information through the application of data analytics. In view of the rapidly-evolving technological and regulatory landscape, the Subcommittee’s goal is to help equip business lawyers for practice involving these issues, and to promote the development of relevant public policy.

Cross-Border Law and Technology

Chair

David Flint

Vice-Chair:

Andrew Alleyne

Mission Statement

The Cross-Border Cyber Regulations Committee provides analysis and evaluation of cross-border cyber regulations, including business requirements, data privacy, cybersecurity, fintech, intellectual property, and other aspects of the regulatory regime.  The committee provides a platform for discussion and collaboration on international, comparative, and cross-border cyber issues.

Cyber Insurance

Chairs

John E. Black
Richik Sarkar

Mission Statement

We are the Cyber Insurance Subcommittee. Our focus is on following, and educating business lawyers concerning, developments in the rapidly changing cyber insurance world. While cyber insurance is still a fairly young line of insurance - having existed as a commercially viable insurance product for only 10-15 years - cyber insurance has evolved rapidly in that time to address significant changes in technology, the implementation of that technology within business operations, and legislative, regulatory and judicial developments in response to the implementation of technology. As cyber insurance policies are far from uniform, policies can be complex and difficult to understand particularly as cyber insurers offer multiple coverages designed to respond to many specific risks, including loss of control over personal data, ransomware and business interruption. Many cyber insurers also specialize in writing cyber insurance for specific types of businesses, such as financial institutions, healthcare organizations, municipalities, retailers and professional services firms, which can make understanding and evaluating cyber insurance and risk management even more challenging.

Cybersecurity

Chair

Lewis Dolezal

The purpose of the subcommittee is to address the variety of legal and technological issue involving the implementation of cybersecurity, including its technological, physical, and administrative strategies. The committee provides publications and programs to help attorney advise, consult with, report, and make recommendations to their clients on the development, refinement, and implementation of policies, programs, planning, and training pertaining to company’s cybersecurity obligations.

Cyberspace Committee Current Law Task Force

Digital Media, Gaming & Entertainment

Chair

Jon Garon

The purpose of the subcommittee is to address the variety of legal and technological issues in the rapidly changing communications, entertainment, and information fields, including videogames, streaming and downloadable media, digital marketing, digitization of analog content (books, arts, films, and music), virtual reality, augmented reality, and all forms of content exploitation. Using the framework of contract, copyright, trademark, trade secret, patent, privacy, cybersecurity, and other legal fields, the subcommittee will develop projects including brown-bag discussions, programs, checklists, and publications to explore the continuously evolving fields of digitized content.

Electronic Payments and Financial Services

Chairs

Sarah Jane Hughes
Stephen T. Middlebrook

Vice-Chair

Tom Kierner

Mission Statement

The Electronic Payment and Financial Services subcommittee is focused on electronic payments and financial technology. We work on legal and regulatory issues related to faster payments, mobile payments and wallets, debit cards, prepaid accounts, cryptocurrency, earned wage access,  AI algorithms, and other emerging fintech products. Come join us to discuss state and federal legislative and regulatory developments, enforcement actions, litigation and other legal developments in our topic areas.

Federated Identity Management

Chair

Thomas Smedinghoff

Mission Statement

The focus of the Cyber Insurance Subcommittee is to educate business lawyers and their clients on cyber insurance and related developments. As an insurance line, cyber insurance is immature, having existed as a commercially viable product for only 15 or so years, and has evolved rapidly to address ever changing technology and state and federal laws and regulations. Cyber insurance policies are far from uniform and can be lengthy and complex, typically offering several coverages to respond to myriad security and privacy risks, ranging from the loss of personal data to ransomware and business interruption. Some policies are specifically designed to address the security or privacy risks that certain industries face - whether the heightened data privacy obligations placed on healthcare organizations or security threats to the operational technology of manufacturers or utilities - which can make understanding and evaluating cyber insurance even more challenging. To assist business lawyers in understanding insurance for cyber and privacy risks, the Subcommittee also follows case law developments addressing not only cyber insurance but also standard insurance policies that also may provide coverage for those risks.

Email Listserve: [email protected]

Internet Governance

Chairs

Michael Kelly
David Satola

Mission Statement

The mission of the Task Force is (1) to raise awareness within the Committee, the Section and the ABA on legal and related policy aspects of Internet Governance principally at the international level and (2) to promote understanding of developments regarding Internet Governance. The Task Force will address Internet Governance issues that affect legal practitioners and those that relate to the Rule of Law generally. The Task Force will perform this mission primarily by monitoring activities of the international community regarding legal developments of Internet Governance, and by participating in such activities, as appropriate.

Email Listserve: [email protected]

International Issues Working Group

Robotics and Artificial Intelligence

Chairs

Lisa R. Lifshitz
Lois Mermelstein

Mission Statement

The AI and Robotics Subcommittee focuses on the rapidly evolving legal and business issues that arise when procuring, using, licensing, and selling AI-based or robotic-based products, systems, and tools. We have successfully spearheaded a variety of AI-related projects including CLE and non-CLE presentations, checklists, articles and podcasts that consider liabilities and risk mitigation strategies, best practices, current and emerging laws and regulatory obligations, data/privacy considerations and bias concerns, and look forward to launching new initiatives.  We take a global approach to many of these issues and encourage a collaborative approach with other committees and ABA sections.