SCL 6th Annual Policy Forum - "The New Shape of European Internet Regulation" - 15 & 16 September 2011

When: 15/09/2011

You need to register with us or sign in to your existing account in order to book an event unless the event is free of charge. Please follow the booking instructions below.

The programme runs over a day and a half which provides sufficient time for in depth analysis of the issues. However you can also book for individual day or half day sessions. Please see below for full booking details.

Professor Lilian Edwards, Professor of E-Governance, University of Strathclyde.

Hosted by:
Mark Turner
, Partner, Herbert Smith LLP

The SCL Policy Forum is recognised as a key event in the UK for discussion of IT law reform and policy, and for communication of ideas at the highest level between academics, practitioners and industry.  It provides a unique bridge between the worlds of academic teaching and research and the practice of IT law. Previous fora have focused inter alia on web 2.0, privacy, cloud computing and network neutrality, and previous attendees have included representatives from the European Commission, Google, Microsoft and from most of the leading solicitors' firms active in the UK in ICT law, as well as senior academics.

Introduction to this year's Forum
The aim of this year's SCL Policy Forum is to look at the impact of the many key strands of Internet law reform that are now coming to a head in Europe after many delays. We will focus principally on two crucial instruments controversially approaching reform: the Data Protection Directive – first draft out in July 2010 - and the E-Commerce Directive and in particular, its treatment of online intermediaries.  We also consider the fast moving new developments in enforcement of IP law in ACTA, and the new IPRED, as well as the UK's own Digital Economy Act. Freedom of speech is also  a hot topic:  the proposed EC Directive on Combating Child Sexual Abuse and other significant instruments will be considered. In the UK, European trends and influences can be felt and will be discussed,  as we implement the Telecoms Package, modernise libel law, and try to update our own version of copyright protection within the harmonised global and EU frameworks.

Contributors will include:
Dr Alessandro Acquisti
, Associate Professor, Heinz College, Carnegie Mellon University
Professor Michael Birnhack, Faculty of Law, Tel Aviv University
Dr Ian Brown, Senior Research Fellow, Oxford Internet Institute
Andrew Charlesworth, Reader in IT and Law, Director, Centre for IT and Law, School of Law/Department of Computer Science, University of Bristol.
Patricia Christias, Commercial Legal Team Leader, Microsoft UK
Marc Dautlich, Partner and Head of Information Law, Pinsent Masons LLP
Francis Davey, Barrister
Professor Lilian Edwards, Professor of E-Governance, University of Strathclyde
David Allen Green, Head of Media at Preiskel & Co LLP and writer of "Jack of Kent" blog
Stuart Hamilton, Senior Policy Advisor, International Federation of Library Associations and Institutions (IFLA)
Paul De Hert, International Human Rights Expert, Institute of Law and Technology, Tilburg University
Becky Hogge, Writer and Technologist
Professor Martin Kretschmer, Professor of Information Jurisprudence, Director, Centre for Intellectual Property Policy & Management, Bournemouth University.
Frances Lowe, Director of Corporate Affairs, PRS for Music
Dr Daithí Mac Síthigh, Lecturer at UEA Law School, University of East Anglia.
William Malcolm, Privacy Counsel, Google UK
Christopher T. Marsden, Senior Lecturer in Communications Law, University of Essex Law School
Professor Andrea Matwyshyn, Legal Studies and Business Ethics, The Wharton School, University of Pennsylvania
TJ McIntyre, Law Lecturer, University College Dublin, Consultant, Merrion Legal Solicitors and Chairman, Digital Rights Ireland
Kieron O'Hara, Senior Research Fellow, Electronics and Computer Science, University of Southampton
Judith Rauhofer, Lecturer, School of Law, University of Edinburgh
Professor Chris Reed, Professor of Electronic Commerce Law, Centre for Commercial Law Studies, Queen Mary University of London School of Law
Arnold Roosendaal, Tilburg Institute for Law, Technology, and Society
Graham Smith, Partner, Bird & Bird LLP
Mark Turner, Partner, Herbert Smith LLP
Jan-Willem Verheijden, Policy Officer, European Commission
Professor Ian Walden,  Professor of Information and Communications Law and Head of the Institute of Computer and Communications Law at CCLS, Queen Mary, University of London, Of Counsel to Baker & McKenzie LLP
Dr Joss Wright, Fresnel Research Fellow, Oxford Internet Institute

The programme runs over a day and a half which provides sufficient time for in depth analysis of the issues.  However you can also book for individual day or half day sessions.


Day 1: Thursday 15 September 2011

09.30 - 10.00: Registration and coffee

10.00 - 10.15: Introduction & Welcome:
Professor Lilian Edwards, University of Strathclyde and Mark Turner, Partner, Herbert Smith LLP

10.15- 11.00 am: Keynote on Data Protection Directive Reform
Dr Alessandro Acquisti
, Associate Professor, Heinz College, Carnegie Mellon University

11- 12.30 pm: The Future of Privacy Regulation 1  – The Right to Forget or the Right to Remember?

One of the most controversial aspects of the DPD reforms is the possibility of a "right to forget", a concept borrowed from the French but so far uncertain in scope. How can a right to forget be reconciled with an Internet where the dominant business model is based on "remembering" as much personal data as possible? And how can it also run alongside a right to freedom of expression online, and the preservation of an objective version of history? Is the right to forget merely "foggy thinking" as Peter Fleischer recently described it?  Is it technologically possible?

Professor Lilian Edwards
, University of Strathclyde

Panel :
William Malcolm
, Google UK
Kieron O'Hara, University of Southampton
Marc Dautlich, Pinsent Masons LLP
Arnold Roosendaal, Tilburg Institute for Law, Technology, and Society

12.30 – 1.30 pm: Lunch

1.30 – 3 pm: The Future of Privacy Regulation 2 – What Do We Really Want from The DPD  Reforms?

Some have argued that the "right to forget" is a sideshow, drawing attention from the real needs both data controllers and data subjects want met in the reform process. Can the needs of these two groups ever can be reconciled, alongside the demands of state and law enforcement agencies for ever more data collection and retention?  And in a wider context, can a European DP framework really work effectively within a global world of unrestricted data flows?

Judith Rauhofer
, School of Law, University of Edinburgh

Professor Andrea Matwyshyn
, University of Pennsylvania
Professor Michael Birnhack, Tel Aviv University
Paul De Hert, Tilburg University

3 - 3.15 pm:  Tea

3.15 – 4.45 pm: The Future of Freedom of Speech Online

Compared to the kneejerk respect given in the US to the First Amendment, in Europe freedom of speech online seems less easily taken for granted. A recent vote in the European Parliament only narrowly averted mandatory filtering by ISPs being mandated across Europe, while in the UK, Ed Vaizey has revealed plans to create a "porn free" Internet which would require adults to "opt in" to an unfiltered version.  On the other hand, problematic issues around the UK as an Internet libel litigation magnet may finally be addressed in the current Libel Reform Bill.  Globally, the media have seized upon the idea that the Internet, especially Twitter, is behind the current "year of revolutions" in African and Arab countries – but is this true? How far is social networking really a shortcut to democracy? And is net censorship really only a problem for non-Western countries?

Dr Ian Brown,
Oxford Internet Institute

TJ McIntyre
, University College Dublin
David Allen Green, Preiskel & Co LLP
Professor Ian Walden, QMUL
Dr Joss Wright, Oxford Internet Institute

5 pm: Close of Day One

Day 2: Friday 16 September 2011

9.30 – 10.45 am: The Future of File Sharing Regulation

The alleged need to protect the copyright industries from the Internet revolution by special legislation enrolling ISPs as enforcers, is one of the most contested issues in modern law, having even spawned its own political party.  What balance should be struck between protecting the creative industries, and standing firm on user rights and the public domain? Do any of the recent models – HADOPI, the UK Digital Economy Act or ACTA – get it right? Does the DEA have a future in a post judicial review, post Hargreaves world?

Andrew Charlesworth, 
University of Bristol.

Francis Davey, Barrister
Stuart Hamilton, International Federation of Library Associations and Institutions (IFLA)
Professor Martin Kretschmer, Bournemouth University
Frances Lowe, PRS for Music

10.45 - 11 am: Coffee

11 am - 12.30 pm: Have We Lost Faith in Intermediaries? The Role and Responsibility of Online Intermediaries

When the Electronic Commerce Directive was passed in 2000, most parties were agreed that a regime for intermediary hosting immunities based on notice and take down was needed to keep the Internet and e-commerce working. In 2011, things are,, it seems more complex. The Internet has become far less decentralised, with key intermediaries such as Facebook, Google, and in the mobile world, Apple, exerting large amounts of regulatory power over millions of users. What should be the responsibilities of new intermediaries such as cloud suppliers, app platforms and search engines? In the wake of the Wikileaks affair, do we still have faith in intermediaries?

Professor Chris Reed

Jan-Willem Verheijden
, European Commission
Dr Daithí Mac Síthigh, University of East Anglia.
Patricia Christias, Microsoft UK

12.30- 1.15 pm: Futuregazing!

One of the most popular parts of the SCL journal lately has been the predictions for the year upcoming. Now experienced participants of the SCL Policy Forum and one newcomer get 10 minutes each to give their predictions for what they feel will be the most exciting things happening in relation to European and UK ICT law regulation in the year before the next SCL Policy Forum.

Chair: Lilian Edwards, University of Strathclyde

The panel will include: 
Mark Turner
, Herbert Smith LLP
Becky Hogge, Writer and Technologist
Christopher Marsden, University of Essex
Graham Smith, Bird & Bird, LLP

1.15 pm: End of Forum

Fees & administration notes:

Attendance on both days of the Policy Forum: SCL Members: £375 + VAT (£450),
 Non-members: £450 + VAT (£540).

All day - Thursday 15 September 2011 (including lunch): SCL Members: £250 + VAT (£300) , Non-members: £300 + VAT (£360).

Morning only - Thursday 15 September 2011 (no lunch): SCL Members: £125 + VAT (£150), Non-members: £150 + VAT (£180).

Afternoon only - Thursday 15 September 2011 (no lunch): SCL Members: £125 + VAT (£150), Non-members: £150 + VAT (£180).

Friday 16 September 2011: SCL Members: £125 + VAT (£150), Non-members: £150 + VAT (£180).

(Please note: Places for both days only can be booked online. If you wish to attend one day or part of a day only, please email to reserve your place and request an invoice.

Booking online requires immediate payment with a credit or debit card via our secure online payment system. 

If you would prefer to be invoiced please email to reserve your place and request an invoice.

Reduced rates for full-time academics and graduate students specialising in IT law will be available on request. For further details please contact

Fees can be paid by cheque (cheques should be made payable to "Society for Computers and Law" please), Mastercard, Visa, Switch or bank transfer. All invoices for attendance at this seminar must be paid within 30 days of the invoice date although payment before the date of the event would be appreciated.

Non-members wishing to join the Society and attend the Policy Forum will be entitled to attend the Policy Forum at the SCL members rate and will receive annual membership of the Society including 6 copies of the SCL magazine "Computers & Law" plus notification of future SCL events. The cost of an annual SCL membership is £95.00.

NB: SCL is a body approved in the UK by HMRC and the annual membership subscription is an allowable deduction from earnings from employment for tax purposes.

If you have any queries about your application for this event or SCL membership please contact:
Caroline Gould
Tel: 0117 9237393 

CPD: Under the Solicitors Regulation Authority CPD scheme and ILEX's CPD Scheme this event is accredited with 9 hours over two days.

Under Barristers' New and Established Practitioner Programmes, this event may be awarded CPD. The application is pending. Hours will be confirmed to barrister delegates in the event that accreditation is awarded.

Booking terms and conditions: Application online or by email constitutes a firm booking and an undertaking to pay the Policy Forum attendance fee. Cancellations will not be accepted (and refunds made) unless received in the Society's offices in Bristol at least one week before the date of the relevant event or meeting.

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