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Doxing, Bullying and Sextortion: The Legal and Social Landscape of Technology Facilitated Harassment


Level: Beginner
Runtime: 95 minutes
Recorded Date: June 16, 2020
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Agenda

  • Setting the Stage: What is Technology Facilitated Harassment?
  • The Anatomy of Technology Facilitate Harassment
  • The State of the Law
  • The Role of Perspective of the Platform
  • The Right Tools: What to Keep in Your Toolbelt
  • The Impact of Those Involved
  • Conclusion
Runtime: 1 hour, 35 minutes
Recorded: June 16, 2020
For NY - Difficulty Level: Newly admitted attorneys only (transitional)

Description

This seminar is intended to be an introduction to the legal issues surrounding cyber sexual harassment. Panelists discuss the practicalities of what lawyers can and must do to successfully represent clients facing online harassment that is sexual in nature and those representing companies hosting content that may be impacted by online harassment.

In this seminar, we will discuss the process of representing victims and platforms, addressing the preservation of electronic evidence, filing civil actions, battling forensic issues, handling common legal hurdles, ethical issues, using available tools appropriately for the removal of intimate media from the internet, and other key concepts.

This program was recorded on June 16th, 2020.

Provided By

American Bar Association
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Panelists

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Elisa Jaclyn D'Amico

Partner
K&L Gates

Elisa D’Amico is a litigation partner and a founding member of the firm’s Digital Crisis Planning & Response client solution. In that role, she counsels corporations, educational institutions, and high-profile individuals in proactively planning for and effectively managing digital crisis situations through the creation and implementation of crisis response, risk management, and communications management plans. Her work includes providing counsel to clients battling domestic and international PR crises, university scandals from sexual harassment to illicit online activities on social media, corporate imposter accounts and websites, social engineering, and leaked confidential and proprietary information. She also fights technology facilitated harassment, including internet-based harassment, sexual cyber-harassment and sextortion, fraud, unfair and deceptive acts and practices, and other privacy violations.

Elisa is well known for her work co-founding the Cyber Civil Rights Legal Project, a global pro bono project aimed at empowering and helping individuals whose sexually explicit images are distributed and displayed online without consent regain control of their digital footprints and their lives. She regularly writes and lectures about her work and she frequently is consulted by various media outlets, including The New York Times, The Wall Street Journal, CNN, MSNBC, and Broadly./VICE on those topics. Among her many accolades, Elisa was awarded the Miami-Dade FAWL President’s Pro Bono Award in 2014; the Miami Herald “20 Under 40” emerging leaders in 2014; the HYPE® Miami Difference Maker” by the Greater Miami Chamber of Commerce in 2014; the inaugural “Attorney of the Year” by the ALM/Daily Business Review in 2015; The Florida Bar Young Lawyers Division Pro Bono Service Award in 2016; “On the Rise” by the ABA Young Lawyers Division in 2017; The Florida Bar President’s Pro Bono Award in 2019, and the “Rising Star Award” from Fordham Law School in 2019. She also holds a AV® Preeminent Rating from Martindale Hubbell.

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Jennifer Ann Durkarski

Shareholder
Butzel Long

Jennifer A. Dukarski is a Shareholder based in Butzel Long's Ann Arbor office, practicing in the areas of intellectual property, media, and technology. She focuses her practice at the intersection of technology and communications with an emphasis on the legal issues arising from emerging and disruptive innovation: digital media and content, vehicle safety, connected and autonomous cars, shared mobility, infotainment, data privacy, and security. Jennifer leads clients in securing and protecting rights in technology through transactions and litigation. Jennifer was named one of the 30 Women Defining the Future of Technology in January 2020 by Warner Communications for her innovative thoughts and contributions to the tech industry. She is a Certified Information Privacy Professional concentrating on the U.S. Private Sector privacy and data protection law (CIPP/US).

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Anette Beebe

Principal Attorney
Beebe Law, PLLC

Having worked in the legal field since early 1999, Ms. Beebe has many years of real world legal skills and practical business knowledge. Her formal education is coupled with many years of experience in the private practice legal field working on matters ranging from criminal law to tort litigation (personal injury, product liability, and medical malpractice) and business litigation (contract disputes and financial/securities fraud) to the broad spectrum of duties that is associated with being an Executive Director and In-House/General Counsel for a long existing interactive online forum that relies on user generated content ("UGC") as a business model.

Almost by default with duties to clients, Ms. Beebe has honed in on internet law related matters including free speech, defamation, and issues surrounding Section 230 of the Communications Decency Act and consequently has been interviewed by sources like Fox 11 Los Angeles, ABC Action 15, Bloomberg, Daily Herald, Forbes, New York Post, Search Engine Land, The Boston Globe, The Capitol Forum, and Community Signal relating to Internet and other legal matters. Ms. Beebe's experience ranges from general and complex civil litigation and all facets of the same to more traditional business roles including departmental and employee management; development and training of policies and procedures, and development and implementation of products and services and advising clients on everyday business issues. Recently Ms. Beebe has even been working with clients through some of the nuances of the European Union's General Data Protection Regulation ("GDPR") and the California Consumer Privacy Act ("CCPA") and consulting on the new Sex Trafficking related law called Allow States and Victims to Fight online Sex Trafficking Act ("FOSTA").

Ms. Beebe is member of the Internet Lawyers Leadership Summit group (a highly specialized group of Internet and Technology lawyers from the US and in outside countries including Canada, Spain and the UK); the American Bar Association's ("ABA") Forum on Communications Law serving as a Co-Chair of the Digital Communications Committee within the Forum; First Amendment Coalition, and the International Association on Privacy Professionals ("IAPP").

Ms. Beebe has given many presentations on a variety of topics to both large and small groups and she is always working to help educate people, including high-school students, on issues surrounding internet use and repercussions from the same through the firm or through her new company called Smarter Internet Use. "Relatively speaking, the internet is new, and the advice kids get from their parents, or that other advisers give to adults, isn’t always the best. After all, many of us didn’t grow up with the internet so it’s not like many can speak from experience.”

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