On 15 Mar 2005, Pam Samuelson wrote:

The Berkeley Center for Law & Technology and the Berkeley Technology Law Journal invite you to register for our 9th annual conference on Spyware: The Latest Cyber-Regulatory Challenge to be held on April 1, 2005 (Friday) at the Bancroft Hotel in Berkeley, CA across from Boalt Hall School of Law. http://www.law.berkeley.edu/bclt/spyware Registration can be done online at: http://www.law.berkeley.edu/institutes/bclt/spyware/registration.html

C O N F E R E N C E D E S C R I P T I O N Utah has already made spyware illegal (although a state court has struck down this law as unconstitutional). Even though the Federal Trade Commission has concluded that new regulation of spyware is unnecessary, the U.S. Congress is moving forward with its own regulation which would preempt state laws such as Utah's. Meanwhile, Internet users are bombarded with ads trying to sell them technologies that purport to detect and eliminate spyware which may (or may not) have been installed on their computers when they signed up for a product or service on the Internet. Is spyware the latest form of malware, along with viruses, worms, spam, and file-sharing of illicit content? Or are technologies embedded in users' computer systems that monitor certain functions and offer updates, services, or ads for products users might want an engine of e-commerce that should remain unregulated and indeed encouraged? How does and how should the law define "spyware"? What kind of notice and

consent should be required before installation of such software is permitted? What obligations (if any) do makers of spyware or users of spyware have as to collection and transmission of personally identifiable

information? Are some forms of spyware surveillance unlawful, even criminal? Does spyware make user computers more insecure? What intellectual property rights (if any) are implicated by spyware that serves ads to users of websites that have their own ads to offer? Should states or the federal government regulate spyware, or is effective regulation impossible given the global nature of the Internet and the ease with which off-shore servers can provide havens? We hope to see you in attendance.

S C H E D U L E - A P R I L 1, 2 0 0 5 8:30 - 9:30 am Tutorial on Spyware Technology - Jeffrey Friedberg (Microsoft Corporation) 9:30 - 9:45 am Break 9:45 - 10:00 am Introduction - Pam Samuelson (BCLT & Boalt Hall School of Law) 10:00 - 11:15 am Privacy and Surveillance Issues - Paul Schwartz (Brooklyn Law School) - Patricia Bellia (University of Notre Dame Law School) - Ari Schwartz (Center for Democracy & Technology ) - Seth Lesser (Locks Law Firm) - Reed Freeman (Claria Corporation) 11:15 - 11:45 am Break 11:45 - 1:00 pm Intellectual Property and Contracting Issues - Tim Ehrlich (Latham & Watkins) - Dan Burk (University of Minnesota Law School) - Jane Winn (University of Washington School of Law) - Alex MacGillivray (Google) 1:00 - 2:15 pm Lunch break 2:15-2:45 pm Nelson Memorial Keynote Address sponsored by MORRISON & FOERSTER LLP - Introduction: Dean Christopher Edley (Boalt Hall School of Law) - Speaker: Christine Varney (Hogan & Hartson LLP) 2:45 - 4:45 pm Regulatory Challenges - Peter Menell (BCLT & Boalt Hall School of Law) - Susan Crawford (Cardozo School of Law) - Michael Geist (University of Ottawa) - Ira Rubinstein (Microsoft) - Henry Chesbrough (Haas School of Business) - Deirdre Mulligan (BCLT & Boalt Hall School of Law) - Eric Goldman (Marquette University Law School)

Dan L. Burk Visiting Professor Cornell Law School Myron Taylor Hall Ithaca, NY 14853 USA Oppenheimer, Wolff & Donnelly Professor University of Minnesota Law School 229 19th Avenue South Minneapolis, MN 55455 USA *************************************** Voice: 612-626-8726 Fax: 612-625-2011 bits: burkx006@umn.e