George Mason University Antonin Scalia Law School

LEC Public Policy Conference on “The Future of Privacy and Data Security Regulation”

Event Details

  • Date:
  • Venue: George Mason University Antonin Scalia Law School
  • Division: The Attorneys General Education Program, The Henry G. Manne Program in Law & Economics Studies

Program Description: Data Collection by public and private entities is ubiquitous. The increasing collection and use of these data holds great promise, but also raises important issues related to privacy and data security regulation. Several authors will present original work on privacy and data security policy, focusing on such topics as the proper reach of Section 5 of the FTC Act, “Big Data” and privacy harms, seepage between government and commercial surveillance, and the interplay between privacy and data security.


Panel 1: Section 5 and the FTC’s Proper Role in Privacy and Data Security Regulation

Justin W. Hurwitz, Assistant Professor of Law, University of Nebraska College of Law

Data Security and the FTC’s UnCommon Law

Michael D. Scott, Professor of Law, Southwestern Law School

The FTC’s Crusade against Data Security Breaches: Looking Back, Looking Forward

Woodrow N. Hartzog, Associate Professor of Law, Cumberland School of Law, Samford University

The Scope and Potential of FTC Data Protection

(This paper is co-authored by Daniel J. Solove, John Marshall Harlan Research Professor of Law, The George Washington University Law School)

Geoffrey A. Manne, Executive Director, International Center for Law & Economics and Lecturer in Law, Lewis & Clark Law School

FTC Process and the Misguided Notion of an FTC “Common Law” of Data Security

Moderator: J. Howard Beales III, Professor of Strategic Management and Public Policy, The George Washington University School of Business


Panel 2: Government and Commercial Surveillance: Spillovers and Constitutional Issues

Jane R. Bambauer, Associate Professor of Law, James E. Rogers College of Law, University of Arizona

The Lost Nuance of Big Data Policing

Marc J. Blitz, Professor of Law, Oklahoma City University School of Law

David C. Gray, Professor of Law, University of Maryland Francis King Carey School of Law

Catherine E. Tucker, Mark Hyman, Jr. Career Development Professor and Associate     Professor of Marketing, MIT Sloan School of Management

Moderator: Neomi Rao, Associate Professor of Law, George Mason University School of Law


Keynote: A Conversation with Maureen K. Ohlhausen

The Honorable Maureen K. Ohlhausen, Commissioner, Federal Trade Commission

Moderator:  Christopher Wolf, Partner, Hogan Lovells, LLP and Co-Chair, Future of Privacy Forum


Panel 3: Big Data and Privacy

Thomas M. Lenard, President and Senior Fellow, Technology Policy Institute

Big Data, Privacy and the Familiar Solutions

Paul Ohm, Associate Professor of Law, University of Colorado School of Law

Daniel W. Caprio, Jr., Senior Strategic Advisor and Independent Consultant, McKenna, Long & Aldridge LLP

Ira Rubenstein, Research Fellow and Adjunct Professor of Law, New York University School of Law

Moderator: James C. Cooper, Director, Research and Policy, Law & Economics Center and Lecturer in Law, George Mason University School of Law


Panel 4: Issues in Data Security Regulation

Derek E. Bambauer, Professor of Law, James E. Rogers College of Law, University of Arizona

Schrödinger’s Cybersecurity

Sasha L. Romanosky, Associate Policy Researcher, RAND Corporation

Public disclosure of data breaches: optimizing ex ante and ex post security investments

D. Bruce Johnsen, Professor of Law, George Mason University School of Law

A Closer Look at Payment Card Security

Berin Szoka, President, TechFreedom

Indictments Do Not a Common Law Make: A Critical Look at the FTC’s Consumer Protection “Case Law”

Moderator: Jeffrey A. Eisenach, Visiting Scholar and Director, Center for Internet, Communications, and Technology Policy, American Enterprise Institute


For More Information, Contact:

Law Professors:
Henry G. Manne Programs
Attorneys General and Staff:
Attorneys General Education Program