KUCI: Privacy Piracy

Fran Maier is the CEO of TRUSTe, the leading brand in online privacy. Fran brings 15+ years of experience building consumer brands and enhancing consumer trust. She is known for her expertise in online privacy, online marketing best practices, and marketing to women. As a co-founder of Match.com she established credibility, safety and trust in online dating, making Match.com the favorite dating site for single women. In executive marketing roles at Women.com and Kmart's BlueLight.com subsidiary Fran has both established new start-up online brands and brought blue-chip offline brands onto the Internet.

Since Fran joined TRUSTe in 2001, the company has evolved to expand consumer choice from Web sites to downloadable software. Under Maier's leadership TRUSTe launched new trust services for businesses starting with development of the Sender Score Certified Program, formerly called the Bonded Sender Program, which is widely viewed as the leading legitimate sender program on the market. TRUSTe's latest network reputation service is the Trusted Download Program, which promotes ethical behavior by adware and other software companies by publishing a "whitelist" of certified applications. It is the first downloadable software standards program backed by industry leaders Yahoo! Search Marketing, CNET's Download.com, CA, AOL, and Verizon.

During that time TRUSTe has strengthened its monitoring and dispute resolution platforms while growing in influence and certifying more than 2,000 websites. Fran speaks widely on the issues of privacy, security, and trust, has appeared before the Federal Trade Commission and the US Department of Commerce, and has testified before the United States House of Representative's Subcommittee on Commerce, Trade, and Consumer Protection.

Fran holds a BA and MBA from Stanford University.

Linda Goldman-Foley

Linda Foley is the co-founder/director of the Identity Theft Resource Center (ITRC), a nation-wide nonprofit identity theft program based in San Diego, California. Established in 1999 in response to the growing need for victim assistance and public empowerment due to the epidemic rise in identity theft, today ITRC is nationally respected for its expertise and work.

As a former victim of identity theft herself, Foley is uniquely suited to understanding the complexities of this crime. ITRC supports thousands of victims through its web site, email and telephone correspondence. Foley developed and wrote the numerous comprehensive publications on ITRC's website (www.idtheftcenter.org) and used by the national office and network of trained volunteers.

Foley provides testimony and information for national and state conferences and taskforces, and remains a resource for legislators throughout the nation. Foley has appeared on numerous major television news show, several talk shows and is widely quoted by major newspapers, radio stations and magazines.

Besides her work in the community, Foley forges partnerships with companies to create better document handling procedures. She has created a workplace ID theft self-assessment inventory for use by businesses that might not want outside consultants to evaluate their company.

She has been honored as the 10Leadership Program (San Diego's ABC affiliate) Individual Leader for 2001, is a recipient of the prestigious Foundation for Improvement of Justice Award (Sept 2000), the 2004 National Crime Victim Service Award presented by U. S. Attorney General for the Department of Justice and commendations by U.S. Senator Dianne Feinstein and former CA Governor Gray Davis.

Jay Foley

Jay Foley is the co-founder/director of the Identity Theft Resource Center, a nationwide, nonprofit identity theft program located in San Diego, California. The ITRC was established in 1999 in response to the growing need for victim assistance and public empowerment caused by the explosive rise in identity theft crime rate.

As the spouse of an identity theft victim, Foley understands the practical and emotional complexities of this crime. Since 1999, he has assisted thousands of victims via email and telephone.

As ITRC's primary criminal justice contact, he has received great support and accolades from members of law enforcement across the country who frequently refer victims to him for assistance. Foley currently sits numerous law enforcement, governmental and legislative taskforces, including JAG and has testified at legislative hearings in various states and in front of Congress.

Foley is also a popular presenter and trainer. He has also appeared on many major television news shows, quoted in most major newspapers and radio stations around the country.

Jay Foley's background includes over 20 years in project management, customer service training, sales and database management. His experience in the US Navy and study for his MCSE and MCDBA certificates has proven to be invaluable in understanding the computer's role in this crime, possible solutions and in anticipating future trends.

He is a recipient of the 2004 Crime Victims Service Award presented by the U. S. Attorney General for the Department of Justice and commendations by Senator Dianne Feinstein and former CA Governor Gray Davis.

Identity Theft Resource Center

PO Box 26833, San Diego CA 92196

www.idtheftcenter.org

email:[email protected]

Office Line: 858-693-7935

David Jevans' career in Internet security spans more than 10 years, having held senior management positions at Tumbleweed Communications (NASDAQ: TMWD), Valicert (NASDAQ: VLCT), Teros (acquired by Citrix, NASDAQ: CTXS) and Differential. Serving on the CEO's technology council at Apple Computer, Mr. Jevans helped to develop the company's Internet strategy. He also worked in the advanced technology group at Apple, and ran an engineering project involving advanced operating systems. Currently, he serves as the chairman of the Anti-Phishing Working Group (www.antiphishing.org), a consortium of over 1,500 financial services companies, ISPs, law enforcement agencies and technology vendors dedicated to fighting email fraud and identity theft online. The group's sponsors and research partners include the American Bankers Association, eBay, PayPal, Verisign, and Entrust. Mr. Jevans has also testified before congress on Internet security and continues to advise the U.S. Department of Homeland security. He holds numerous U.S. patents, and has a Master of Science degree from University of Calgary, Canada.

www.ironkey.com

Stephen Wu

Stephen Wu is a partner in the Silicon Valley law firm Cooke Kobrick & Wu LLP. He advises clients concerning data security and privacy, electronic commerce, e-discovery, electronic records retention, and digital evidence. His practice also includes technology transactions, intellectual property litigation, and commercial litigation. Before forming CKW, Mr. Wu was VeriSign, Inc.'s second in-house attorney where he was in charge of the company's worldwide policies and practices governing its digital certification secure ecommerce services. Prior to joining VeriSign, Mr. Wu practiced with Jones Day Reavis & Pogue and Kirkpatrick & Lockhart LLP in the areas of computer law, intellectual property, general litigation, and technology transactions. He clerked with a U.S. District Judge in Columbus, Ohio. Mr. Wu was co-chair of the ABA Information Security Committee from 2001 to 2004. He is currently Secretary of the ABA Section of Science & Technology Law.

Mr. Wu is a frequent speaker on secure electronic commerce and information security topics, as well as e-discovery, digital evidence, and electronic records retention. He has written or co-written five books on information security, including Guide to HIPAA Security and the Law (ABA 2007), Information Security: A Legal, Business, and Technical Handbook (ABA 2004), Risk Management for Consumer Internet Payments (NACHA 2002) and Digital Signatures (RSA Press 2002). Mr. Wu received a B.A., summa cum laude, from the University of Pittsburgh in 1985, and received his law degree, cum laude, from Harvard Law School in 1988.

Lucy Thomson

Lucy L. Thomson, J.D., M.S., CIPP/G, has extensive experience as a litigator in complex federal civil and criminal cases and as an expert in information security, privacy, and new technologies. At Computer Sciences Corporation (CSC), a global technology company, she has addressed a wide range of legal, technical, and policy issues in major IT and information sharing programs. This past year, she was appointed Consumer Privacy Ombudsman for three U.S. Bankruptcy Courts to oversee the sale of electronic consumer records. A career U.S. Department of Justice attorney from 1977-2000, Ms. Thomson served in senior positions in the Criminal and Civil Rights Divisions. Ms. Thomson is an ABA Fellow, and represents the D.C. Bar in the ABA House of Delegates. She is a member of the Council of the ABA Section of Science & Technology Law and chairs its Homeland Security Committee. She served on the D.C. Bar Board of Governors, as Bar Secretary and President of the Women's Bar Association and its Foundation. She was the guest editor of the Symposium on Homeland Security in JURIMETRICS: THE JOURNAL OF LAW SCIENCE AND TECHNOLOGY (2007), and is a frequent contributor to the IAPP Privacy Advisor.

In recognition of long-time public service, she received the Heroines in Technology Award. Ms. Thomson is a past Alumni Trustee of Andover. She earned a master's degree from Rensselaer Polytechnic Institute (RPI) in 2001, and her J.D. from Georgetown University Law Center.

Hoyt Kesterson II

Hoyt L. Kesterson II is an Arizona-based technology expert with more than 30 years of experience in the field of information security and related technologies. For 20 years he chaired the international standards group that created the X.509 certificate, a fundamental component in digital signature and securing web transactions. He has been working with the ABA's Information Security Committee for nearly 20 years on the effects of digital data and electronic signature.

Andrew B. Serwin is the founding chair of the Privacy, Security, and Information Management Practice and is a partner in the San Diego office of Foley & Lardner LLP. He is a member of the Intellectual Property Litigation, Information Technology and Outsourcing, General Commercial Litigation, and the Trademark and Copyright Practice Groups. He is also a member of the Venture Capital, Emerging Technology, Life Sciences, and Health Care Industry Teams.

Mr. Serwin has extensive experience in privacy and security matters, including state, federal and international restrictions on the use and transfer of information, security breach compliance, incident response, marketing restrictions, and the drafting and implementation of privacy and security policies. Mr. Serwin also advises media and Internet companies regarding online contracting issues, licensing issues, domain name issues, and intellectual property issues, as well as litigation resulting from information security incidents.

Mr. Serwin has unique experience in representing start-up and Internet companies because he served as President and General Counsel of an online political magazine, InPolitics.com. Mr. Serwin has broad experience in technology and business law, including corporate finance, partnership law, securities, e-commerce, software development and licensing, intellectual property licensing and protection, manufacturing and distribution arrangements, joint ventures, information technology transactions, as well as real estate transactions. He has also advised hedge funds and broker dealers in a variety of transactions.

Mr. Serwin's litigation practice includes unfair competition matters; intellectual property litigation; corporate governance disputes; complex commercial litigation; e-commerce matters; partnership disputes and real property matters.

He is the author of "Information Security and Privacy: A Practical Guide to Federal, State and International Law", a 2,000 page treatise that examines all aspects of privacy and security laws, published by Thomson-West. Mr. Serwin is also the author of the "Internet Marketing Law Handbook", also published by Thomson-West, which covers topics such as privacy and security, commercial e-mail laws, spyware and unfair competition law. He is also the author of West's Corporate Counsel's Primer on International Privacy and Security (July 2007), the advertising section of the "ABA Model Web Site: A Knowledge Management Approach to E-Business Model Web Site" that provides guidance on "best practices" for Internet issues, as well as Co-Chair and principle author of the Privacy and Security Section of the ABA's new publication, "Selling Products and Services and Licensing Software Online: An Interactive Guide With Legal Forms and Commentary to Privacy, Security and Consumer Law Issues", (June 2007).

Mr. Serwin was recently appointed to the privacy and the legal subcommittees of the Privacy & Security Advisory Board of the California Health and Human Services Agency by the California Office of HIPAA Implementation. The committee is charged with developing standards for California's Interoperable Health Information Exchange for electronic health information, which includes creating and adopting a process to develop and set overall standards, overseeing the coordination, analysis, and promulgation of privacy and security requirements for the Health Information Exchange, researching and developing model contracts and related documents, and providing guidance regarding the interaction of HIPAA and California law. He is also a member of the San Diego Chapter of the San Diego FBI Infragard Group, an organization dedicated to promoting ongoing dialogue and timely communication between information technology companies and the FBI. As a member, he receives daily, non-public briefings on information security and other threats, including early warnings about new attacks on financial services companies or healthcare providers.

He was also recognized as a "Southern California Super Lawyer" in 2007 and 2008, is AV-rated by Martindale Hubbell, and was previously identified as one of the leading intellectual property attorneys by the Daily Transcript in its 2005 "Top Attorneys List." He is also the former Co-Chair of the California State Bar's Cyberspace Law Committee, and the former chair of the San Diego County Bar Association's Web site Committee from 2002-2004. Mr. Serwin is also a frequent presenter and commentator on technology and legal matters. He is also a columnist for The Daily Transcript on technology issues.

Mr. Serwin also serves on the editorial board of Thomson-West's Cyberspace Lawyer, as well as the Privacy and Information Law Report. He is also a member of the Publications Board of the Business Law Section of the American Bar Association.

(619) 685-6428

www.FOLEY.COM

Paul Paray

Paul provides consultative advice to those companies looking to navigate new media, tech E&O, and privacy exposures. Paul has held a number of senior insurer positions, including most recently with the CNA miscellaneous professional liability division where he helped lead the team tasked with growing the CNA media and technology E&O products. Before that, he was the Technology and Media Product Manager for National Union/AIG where he developed and managed media and network security products for the professional liability division. Prior to that, he managed the New York Regional office for AIG eBusiness Risk Solutions and was the Director of Complex Claims at AIG Technical Services responsible for handling some of its biggest technology E&O and media claims.

Prior to entering the insurance industry in 2002, Paul was the owner of an intellectual property law practice; was General Counsel and EVP of Geometrix, Inc. in San Jose, California; and was a commercial litigator with Lord Day & Lord and Pitney, Hardin Kipp & Szuch. Paul has authored numerous articles published in periodicals such as the Newsletter of the Federation of Defense and Corporate Counsel; The Risk Management Letter; and CyberEdge Journal. He has been an invited speaker at numerous events, including: RIMS Annual Meeting; ABA, Litigation Section, Insurance Coverage Committee Annual Meeting; and Law Journal Seminars Future of E-Commerce Seminar. He has been interviewed and quoted by numerous periodicals, including: Crittenden Specialty Coverages Insider; Christian Science Monitor; Smart Reseller; The Financial Post; The Newark Star-Ledger; The New York Times; The Toronto Globe and Mail; and The Vancouver Sun.

Paul is a graduate of Muhlenberg College and Seton Hall University School of Law.

Scott Ernst

A 20-year industry veteran, Scott provides advisory and advocacy services related to technology, media, data security and privacy risks. In addition, Scott's broad P&C background provides him with a valuable understanding of numerous risks and coverages including; management liability, commercial property, casualty, and various non-standard risk transfer designs. In his current role, Scott's work increasingly entails technology and media E&O, intellectual property protection, the effective protection of intangible assets and the rapidly emerging issues of data security and privacy.

Scott has held a number of senior positions in the insurance industry including management positions at Marsh & McLennan, Frenkel & Co. and Chubb Executive Risk. Scott also founded and served as President of Insurecast, a specialty technology risk management firm which was subsequently acquired by a larger brokerage.

Scott is a published author and has spoken on insurance topics at seminars sponsored by the Professional Liability Underwriting Society, The Risk and Insurance Management Society (RIMS), the New York State Bar Association, the New Jersey State Bar Association, and the New Jersey Insurance Coverage Institute.

Scott is a member of the Professional Liability Underwriting Society (PLUS) and former Chair of the PLUS Eastern Chapter. Scott is a graduate of The University of Michigan School of Business.