Smart Cities, Surveillance and Privacy (Virtual Event)

Thursday, December 16, 2021 - 1:30pm - 5:00pm
Location: Zoom

“Smart” or “connected” cities and the related phenomenon of “smart” policing and technical surveillance tools, including facial recognition, present a constellation of complex and evolving technological, social, political and legal issues.

A small, but growing, number of cities, counties and other government agencies have started to develop new laws, policies and citizen engagement processes to address the privacy and civil liberties concerns these new technologies pose. Similarly, law enforcement and other agencies that deploy these technologies at the federal, state and local levels have developed an emerging set of policies and standards regarding the use of these new tools and for analyzing the data they produce.

Both contexts share a common set of core issues that revolve around the critical need to translate a combination of legal, technical and ethical requirements into a working set of policies and procedures that government employees and law enforcement officials at all levels can apply easily “without access to a bevy of expert statisticians, privacy lawyers, or philosophers.”

This conference brings together government officials, privacy and civil liberties advocates, and other experts to examine the privacy and civil liberties concerns raised by the use of facial recognition and other surveillance technologies and to examine existing models and emerging best practices for how communities can work with state and local government to thoughtfully address them.

The conference is generously supported by the Charles Koch Foundation in partnership with the Center for Cybersecurity and Privacy Protection and the IoT Collaborative.

5 CLE/IAPP credits pending;
December 17 2:00-5:00 Civic Data Privacy Leaders Workshop-invitation only.

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SPEAKERS

Kelsey Finch

Kelsey Finch, CIPP/US, is Senior Counsel at the Future of Privacy Forum and represents FPF from Seattle, WA. Kelsey leads FPF’s projects on smart cities and communities, data de-identification, ethical data-sharing and research, and other select projects, and serves as an expert and thought leader across the country through speaking engagements, media interviews, and interaction with local, state, and federal regulators and strategic partners. Her work has been published in the Cambridge Handbook of Consumer Privacy, the Fordham Urban Law Journal, and the Santa Clara Law Review. Before coming to FPF, Kelsey was an inaugural Westin Fellow at the International Association of Privacy Professionals, where she produced practical research on a range of privacy topics and edited the FTC Privacy Casebook. She is a graduate of Smith College and the Benjamin N. Cardozo School of Law, with a concentration in Intellectual Property and Information Law.


Farhang Heydari

As Executive Director of the Policing Project, Farhang oversees the Project’s day-to-day operations and strategic initiatives. He also spearheads the Project’s work around policing technologies, such as our engagements with private companies and law enforcement agencies around ethical design and operation of policing tech.

Farhang has long worked on criminal justice reform. In addition to his work at the Policing Project, Farhang is a Lecturer in Law at Columbia Law School, having taught courses on civil rights litigation and mass incarceration. He joined the Policing Project from the civil rights law firm Neufeld, Scheck and Brustin, LLP, where he focused on representing individuals who have been victims of official misconduct.

Farhang is a graduate of Harvard University and Columbia Law School, where he served as the editor-in-chief of the Columbia Law Review. After law school, Farhang clerked for Judge Diana Gribbon Motz of the Fourth Circuit Court of Appeals and Judge Kimba Wood of the Southern District of New York.


Brian Hofer, Chair, City of Oakland Privacy Advisory Commission; Chair and Executive Director, Secure Justice

Brian Hofer is Chair of the Oakland Privacy Advisory Commission and the Chair and Executive Director of Secure Justice. His advocacy has been instrumental in a number of nation-leading ordinances, including ones that established a vetting framework for the potential acquisition and use of surveillance equipment and the first ordinance prohibiting San Francisco’s use of facial recognition technology.


Cait Kennedy

Cait Kennedy is an advocate, researcher, and social impact entrepreneur creating change through on-the-ground organizing, data analysis, social impact innovation, and voter engagement, with a particular focus on under-represented communities.  She is a Ph.D. student at the Levin College of Urban Affairs at Cleveland State University and Executive Director & Co-Founder of unBail, which helps defendants navigate the criminal legal system through a mobile application.


ADAM KING

Adam Drue King is a technologist and creative whose work focuses on digital justice, broadband deployment, and community-led innovation as a means for community and economic development in Northeast Ohio, and beyond.

Adam has experience establishing broadband network solutions in close to fifty locations nationwide. He has consulted on broadband solutions for municipalities, architected networks for campuses, and deployed open and closed networks in commercial spaces since 2013 These networks range from multi-million dollar county-wide broadband deployment for up to 750,000 users in a southern state, to an ultra-fast wireless mesh solution covering a 6-acre corporate campus with over 1,000 on-site staff, to a wireless system over several floors at a large church. As Director of Neighborhood Partnerships & Equity at a Cleveland nonprofit, Adam drove the mission of making Greater Cleveland’s digital future more equitable and helped shepherd in a primary initiative delivering wireless internet to un- and underconnected communities in Cleveland. Relationship building with organizations and individuals is an integral piece of his approach work.

Adam’s ongoing projects and areas of interest include: pursuing the activation of public spaces in nontraditional ways through his Jikoo initiative, continuing to help lower the bar for entry into the digital age, promoting digital justice, and powering-with residents and neighborhoods to ensure access to tools of technology and innovation. He is currently consulting on multiple initiatives, including an international initiative to leverage virtual power plants as a means to support a green economy, and a national movement to community ownership of broadband networks and infrastructures.

Adam brings passion, commitment, and creativity to all of his efforts as he strives toward his vision for a more activated, connected and just world. King holds technical certificates from Microsoft and Google, is a nationally sought out expert and speaker on the topics of technology and digital justice.


VINHCENT LE, LEGAL COUNSEL, TECHNOLOGY EQUITY

As Legal Counsel with the Greenlining Institute’s Economic Equity team, Vinhcent leads Greenlining’s work to close the digital divide, protect consumer privacy, ensure algorithms are fair and that technology builds economic opportunity for communities of color. In this role, Vinhcent helps develop and implement policies to increase broadband affordability and digital inclusion as well as bring transparency and accountability to automated decision systems. Vinhcent also serves on several regulatory boards including the California Privacy Protection Agency.

Vinhcent received his J.D. from the University of California, Irvine School of Law and a B.A. in Political Science from the University of California, San Diego. Prior to Greenlining, Vinhcent advocated for clients as a law clerk at the Public Defender’s Office, the Office of Medicare Hearing and Appeals and the Small Business Administration.


BRIAN RAY, PROFESSOR OF LAW, DIRECTOR, CYBERSECURITY AND PRIVACY PROTECTION CENTER, IOTC CYBERSECURITY LIAISON, CSU CLEVELAND-MARSHALL College of law

Professor Brian Ray has extensive experience in information governance, cybersecurity and data privacy. He co-founded and directs the Center for Cybersecurity and Privacy Protection and edits the Center-sponsored SSRN Cybersecurity, Data Privacy and eDiscovery eJournal. Ray also co-founded the Cleveland eDiscovery, Data Security and Privacy Roundtable, an informal group of lawyers, judges and academics that meets monthly to discuss issues surrounding electronic discovery, cybersecurity and data privacy issues.

Ray's research focuses on security and privacy regulation, national and international jurisdiction over data, and data governance, collection and use policies at the municipal, county and state levels. He is part of a small team of researchers that in 2018 established the Internet of Things Collaborative (IoTC) with a $1.75 million Digital Excellence Grant by the Cleveland Foundation. He serves as the IoTC Cybersecurity Industry Liaison working with faculty on both campuses and industry to develop applied research and education programs related to IoT security.

In 2016 Ohio Attorney General Mike DeWine appointed Ray to the CyberOhio Advisory Board. He co-chairs the Northeast Ohio CyberConsortium's Workforce Development Committee and is a member of the Sedona Conference's Data Security and Privacy Liability Working Group. He was selected to participate in the Yale University Cyber Leaders Forum in 2017, and SC Magazine named him one of three Outstanding Cybersecurity Educator in the 2017 Reboot Leadership Awards.

Ray also is an expert in comparative and international law. His book, Engaging with Social Rights: Participation, Procedure and Democracy in South Africa's Second-Wave provides a comprehensive analysis of the South African Constitutional Court's social rights decisions. He was a Fulbright Scholar in South Africa and has published extensively on comparative constitutional law and social rights.

Professional Experience and Education: Litigation associate at Jones Day in Cleveland, Ohio; judicial clerk for Judge Alan E. Norris, U.S. Circuit Court of Appeals for the Sixth Circuit and Justice Richard J. Goldstone, Constitutional Court of South Africa; J.D., Ohio State University College of Law (Order of the Coif; Articles Editor of The Ohio State Law Journal, and valedictorian); Fulbright Fellow, Kyoto University; B.A., University of Notre Dame.


Mike Shapiro, Chief Privacy Officer, County of Santa Clara

As Chief Privacy Officer for the County of Santa Clara, Mike Shapiro brings a wide range of experience across the information privacy life cycle.  In the consulting world, he excelled in leading government and industry professional teams advising clients on the most pressing privacy matters from new program development and data breach preparedness to privacy training and compliance.

With approximately 2 million residents and 22,000 County government employees in the heart of Silicon Valley, Mike is working to create an enterprise privacy program in support of constituent and employee privacy alike.  Building upon the County’s exceptional growth in technology and economic development, he also looks forward to creating the public-private partnerships necessary to establish a Privacy Center of Excellence (COE).  Working with industry and academia, the COE can discuss the latest privacy threats and solutions, socialize best practices, and strive to balance responsible information sharing with privacy protections.  Mike has also participated in panel discussions and initiatives involving elections privacy and security issues, along with the influence and impact that online news sources and social media have on voters and the election process.


Jonathan Witmer-Rich, Associate Dean, CSU Cleveland-marshall College of Law

Professor Jonathan Witmer-Rich is an expert on privacy and surveillance, including the legislative and regulatory frameworks governing surveillance such as Title III, the Stored Communications Act, and the Foreign Intelligence Surveillance Act (FISA).  His research and teaching examines emerging forms of government and private-sector surveillance in the context of both national security and law enforcement, in particular the NSA’s post-9/11 programs.  He has written about the proper legal frameworks for new forms of surveillance, including a series of articles on delayed notice search warrants—a form of covert searching authorized in the USA PATRIOT Act.  His articles have appeared in the Florida Law ReviewCriminal Law and Philosophy, the Pepperdine Law Review, and the Case Western Reserve Law Review.

Professor Witmer-Rich gained substantial experience with these issues working in the Federal Public Defender's Office, where he litigated questions involving the Classified Information Procedures Act, rendition, and numerous forms of government surveillance.  He also reviewed and analyzed classified government intelligence representing several Guantanamo Bay detainees in habeas corpus proceedings in the D.C. District Court.  Prior to that he worked extensively with what is now known as the “Enron Corpus”—the large database of documents disclosed by Enron following bankruptcy— while representing the Royal Bank of Scotland in the Enron securities class action and related litigation at Jones Day.


 

 

Agenda:

1:30pm - 2:30pm: Civic Data Privacy Leaders Network

The Future of Privacy Forum, in partnership with the  MetroLab Network launched the Civic Data Privacy Leaders Network, a collaborative with representatives from over 30 municipalities that provides an active, authoritative resource for municipal leaders to navigate emerging privacy issues, share practical guidance, and promote fair and transparent data practices. This session will introduce the Network, discuss its work and future plans.

  • Brian Hofer, Chair and Executive Director, Secure Justice and Chair, City of Oakland (CA) Privacy Commission
  • Kelsey Finch, Senior Counsel, Future of Privacy Forum
  • Brian Ray, Professor of Law, Cleveland-Marshall College of Law (moderator)
  • Mike Shapiro, Chief Privacy Officer, Santa Clara County (CA)

2:30pm - 2:45pm: Networking Break

Attendees assigned to random breakout rooms for informal networking and discussion.

2:45pm - 3:45pm: Assessing and Auditing Smart Technologies

Smart technologies offer a host of potential benefits from real-time maintenance and more efficient public services to transparent governance and open data. They also pose serious risks to individual privacy and raise fears of surveillance. This panel will discuss the ways that privacy risk assessments and audits can identify and mitigate those risks and help develop best practices for the responsible development and use of these technologies.

  • Lydia de la Torre, Founder, Golden Data Law
  • Sarah Carrier, Privacy Program Manager, City of Seattle (WA)
  • Farhang Heydari, Executive Director, Policing Project
  • Kelsey Finch, Senior Counsel, Future of Privacy Forum
  • Jonathan Witmer-Rich, Professor of Law, Cleveland-Marshall College of Law (moderator)

3:45pm - 4:00pm: Networking Break

Attendees assigned to random breakout rooms for informal networking and discussion.

4:00pm - 5:00pm: “Smart” Technology, Community Advocacy & Engagement

Too often new technologies are adopted and implemented by individual public agencies with little or no input from the communities most affected by them. This panel will discuss the importance of engaging communities directly affected by “smart” technologies, the challenges in ensuring effective and inclusive engagement processes and the ways that community advocates can raise awareness of their potential risks and benefits.

  • Kelle DeBoth, Assistant Professor School of Health Sciences, Cleveland State University
  • Hector Dominguez-Aguirre, Open Data Coordinator, City of Portland (OR)
  • Caitlin Kennedy, Founder, unBail (moderator)
  • Adam King, Technologist & Creative, Principal at SYLOW Collective
  • Vinchent Le, Senior Counsel, The Greenlining Institute

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CLE credit: 5.0 Hrs pending

Category: CLE Programs, Cybersecurity, General, Public Lectures

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