Detailed C.V.

Professional History [–]

Fellow, Samuelson Law, Technology and Public Policy Clinic. University of California, Berkeley, Boalt Hall School of Law. Berkeley, CA. (Non-Resident Fellow, Jan. 2005 - present; Teaching & Research Fellow, Aug. 2003 - Dec. 2004; Intern, Jan. 2002 - May 2003) [–]

Co-authored Eighth Circuit brief defending consumer rights in contracting and copyright policy in BnetD [PDF; local PDF]; co-authored Ninth Circuit and Supreme Court cert. petition amicus briefs defending peer-to-peer file sharing in Grokster; researched and edited Supreme Court amicus brief for Eldred v. Ashcroft; drafted federal complaint and declaration alleging violation of prisoners' First Amendment rights. Provided substantial supporting research, editing, and production on California Supreme Court briefs in cases including Intel v. Hamidi, DVDCCA v. Bunner, and briefs and motions in other cases.

Co-drafted employment licensing agreement providing open distribution and protecting employee/consultant's rights. Research on DMCA Section 512 takedown notices. Supervised Chilling Effects, including DMCA 512, Anticircumvention, and Reverse Engineering sections. Researched, wrote, supervised law students, counseled and represented clients in matters pertaining to technology law, copyright, patent, trade secrets, contracts & licensing, constitutional law, science / technology policy and standard-setting. Managed and organized CFP 2004 conference. Consultant on "Top-to-Bottom Review" of voting systems, California Secretary of State (David Wagner and Matthew Bishop, Principal Investigators).

Teaching:

• Co-taught clinical seminar: Fall 2004 with Deirdre Mulligan; Spring 2004 with Jennifer Urban
• Supervised clinical students working on privacy, speech, and intellectual property projects
• Chilling Effects, Supervisor, DMCA & Reverse Engineering Sections, 2003-04

Private Practice, Consulting & Research. Boston, MA. (Jan. 2005 - present)

Served as consultant for non-profit organizations in matters concerning open source licensing, employee intellectual property rights, cultural economy, municipal wireless, "long tail" economics, and related topics.

Counsel, Brennan Center for Justice, NYU School of Law. (Feb. 2006 - Feb. 2007)

Coordinator, Fair Use Empowerment Initiative, of the Free Expression Policy Project.

Legal Intern, ACLU Northern California. (Aug. - Dec. 2002.)

Drafted advocacy & complaint letters; researched constitutional issues, civil rights, and open records law.

Legal Intern, Leslie Harris & Associates. (May - Aug. 2001.) [–]

Produced legislative testimony, briefing papers, and research memos on disability accessibility, educational technology & media diversity policy.

Learning Center Facilities Manager, Exploratorium. (1997-2000.) [–]

Managed multimedia science library & curricular center, including collection management, facilities management, budgeting, staffing, supervisory work, and policies. Provided media & technology skills workshops and instruction for science educators and librarians. Developed AV support and education for educational and media programming. Co-drafted grants for funding science and technology educational programs. The Exploratorium, founded by Frank Oppenheimer, is a science museum aimed at enhancing science education and public access to and exploration of science, art, and human perception.

Teaching:

• Information Technology Workshop, San Francisco Unified School District, High School Science Teachers, Summer 1998; co-teacher, Noel Wanner.
• Information Technology Workshop, San Francisco Unified School District, High School Librarians, Summer 1999; co-teacher, Rose Falanga.

Electronic Services Librarian and Assistant Professor, Library of the Health Sciences, University Library, University of Illinois at Chicago. (Electronic Services Librarian and Assistant Professor, July 1995 - Oct. 1997; Resident Librarian and Visiting Instructor, Aug. 1993 - July 1995.) [–]

Network administration, systems support, and web design. Administation of multimedia and instructional facilities (two computer teaching labs and a multimedia lab). Development and editing grants and proposals for programming in medical and public health education and consumer health awareness. Reference, research and individualized and small group instructional services in government documents, public health, medical informatics, and multimedia resources.

Taught research courses on public health research (graduate level) and the politics of information access (undergraduate honors level seminar). Conducted non-credit workshops on medical informatics, health sciences research tools, and government research tools (graduate level). Conducted workshops and course components on Internet, media and technology skills (life sciences and other faculty, professional librarians). Conducted workshops on research and critical thinking skills (undergraduate, graduate, faculty and staff).

Teaching:

• "The Politics of Information Access", Undergraduate Honors Seminar, Fall 1997 (HON-201). Co-taught with Veronda Pitchford.
  

  Course covered the 1996 Telecommunications Reform Act; copyright and intellectual property issues; the digital divide; media literacy, media bias, and media consolidation; privacy and surveillance. The syllabus has served as a model for other similar courses.

• "Research & Resource Databases in Public Health", IPHS 420 (Interdisciplinary Public Health Sciences), Graduate Seminar.
  

  Developed and taught a 2-unit research research seminar for the School of Public Health. Co-taught with Sharon Telleen, School of Public Health, and guest lecturers from library faculty. Course covered research methodology and resources. Resources included environmental, statistical, and medical sources, online and print, from private and government sources (EPA; CDC; NIH; and others).

• Conducted numerous workshops, course components, and short no-credit courses taught to faculty and graduate students in the medical and health sciences. Provided instruction in NCBI databases (genomics, protein, etc.), medical informatics, government statistical and research databases, and scientific literature databases.

Professional Committees:

• Campus Technology Committee on Americans with Disabilities Act.
• Faculty Development Allocations Committee (FDAC), 1996-97.
• Illinois Library Computer Systems Organization (ILCSO) Web2 "Look-and-Feel" Team.
• Multiple library committees relating to library systems, Internet instruction, and licensing databases and electronic resources.

Library technician and acting librarian, EPIC (Environmental Protection Information Center), Kentucky Dept. for Environmental Protection. (Feb. 1991 - July 1993.) [–]

Teaching & Research Support:

• Provided reference and research support for departmental staff, 1991-93. Staff included attorneys, scientists, and policymakers. Reference and research included scientific, policy, and state and federal environmental law research.
• Initiated and developed first departmental Internet training program, 1992-93.

Information Technology & Public Access:

• Designed and developed publicly accessible online library catalog on Vax/VMS, to enhance departmental access to internal collection and public access to environmental information, 1992-93.
• Initiated and established Departmental publications depository program with University of Kentucky, to enhance public access to environmental and agency information, 1992. Developed InterLibrary Loan program and publicly accessible library catalog to further enhance public access to environmental and scientific information.

Management:

• Managed EPIC, the Environmental Protection Information Center, for the Department for Environmental Protection, 1991-93.
• Supervised clerical assistance, 1992-93.
• Provided support for the Dept. of Law library, 1992.

Education

Boalt Hall School of Law, University of California, Berkeley. (J.D., 2003.) [–]
Awards & Honors
• Law & Technology Certificate, May 2003.
• Student Service Award, 2003.
• Prosser Prize, Antitrust Law, Fall 2002.
Research Experience
• Research Assistant, Professor Deirdre Mulligan, May 2002 - May 2003.
• Research Assistant, Professor Mark Lemley, April 2002 - April 2003.
Leadership Positions
• Law & Technology Fellow, 2002-03.
• Berkeley Technology Law Journal, Member, 2000-01; Executive Editor, 2001-02; Annual Review Advisor, 2002-03.
• Boalt.org, Board, 2000-03.
• Moot Court Board, 2002-03; Appellate Advocacy Co-Director, with Tony Patek, 2002.
Student Associations
• Member, Boalt Hall Women's Association
• Member, Diversity Coalition
• Member, Lesbian, Gay, Bisexual & Transgender Caucus
• Member, National Lawyers Guild
• Member, Prisoner Action Coalition

College of Library and Information Science, University of Kentucky. (M.S. Library & Information Science, 1993.) [–]

• 4.0 GPA
• Committee Work

New College, University of Alabama. (B.A., 1990.) [–]

Interdisciplinary Major: History and Humanities.
• Mallet Honors Society, 1987-90.
• Fitts Women's Honors Program, 1986-88.
• Computer Based Honors Program, 1986-87.
• Arts & Sciences Honors Program, 1988-90.
• History Honors Society, 1988-90.
• Presidential Scholarship, 1986-90.
• Alumni Scholarship, 1986-90.
• University of Alabama, National Merit Based Scholarship, 1986-90.

Selected Legal Representations

• Co-drafted contractor licenses for an educational institution, protecting the contractor author's rights and providing for open distribution via Creative Commons licensing.

• Counseling, digital archiving of broadcast television news (Fall 2004) (Supervised student work.)
• Counseled documentary filmmaker, in matter relating to copyright and defamation liability (2004) (Supervised student work & counseled client in conjunction with Clinic faculty.)

• Advice to public library regarding privacy risks of RFID implementation. (Supervised student work & counseled client in conjunction with Clinic faculty.)

• Legislative counsel on a California state privacy bill, 2003-04. (Supervised student work & represented client in conjunction with Clinic faculty.)

• Supporting research on briefs in Intel v. Hamidi (Cal. Supreme Court), DVDCCA v. Bunner (Cal. Supreme Court), and others.

• Eldred v. Ashcroft, US Supreme Court, May 2002, Brief of Amici Curiae Internet Archive, Prelinger Archives, and Project Gutenberg Literary Foundation in Support of Petitioners. (Uncredited; research and editing, under supervision of Clinic faculty.)

• Clement v. California Dept. of Corrections, 220 F.Supp.2d 1098 (N.D. Cal., 2002) (Researched, developed & drafted complaint under supervision of Clinic faculty, 2002; case resulted in a favorable decision, affirmed by the Ninth Circuit, 364 F.3d 1148 (9th Cir. 2004), finding no legitimate penological interest in California Dept. of Corrections prison policies prohibiting prisoner receipt of Internet materials sent via postal mail)

Articles and Writings [–]

• "Intellectual Property and Free Speech in the Online World: How Educational Institutions and Other Online Service Providers Are Coping with Cease and Desist Letters and Takedown Notices" (with Marjorie Heins), Public policy report from the Fair Use Network, NYU Brennan Center for Justice (2007) (PDF).
• "Aging and Gender," Long-format essay, Encyclopedia of Women in Fantasy and Science Fiction (2007; in press) (with Liz Henry).
• "Efficient Process or 'Chilling Effects'? Takedown Notices Under Section 512 of the Digital Millennium Copyright Act" (with Jennifer Urban) Santa Clara Computer and High Technology Law Journal, v. 22, no. 4 (June 2006) (Bluebook citation: 22 Santa Clara Comp. & High Tech. L.J. 621 (2006)) (PDF; Summary Report, Nov. 2005, pdf; html)
• Davidson & Associates, Inc. v. Internet Gateway, Inc. ("BNetD"), Eighth Circuit, Jan. 2005, Brief of Amici Curiae Consumers Union and Public Knowledge In Support of Internet Gateway, Inc., Tim Jung, Ross Combs and Rob Crittenden (Jan. 24, 2005) (Co-authored with Jennifer Urban and Deirdre Mulligan.)
• MGM v. Grokster, Amici Curiae of the Computer & Communications Industry Association and Internet Archive, In Opposition to the Writ of Certiorari, to the United States Supreme Court (Nov. 8, 2004) (Co-authored with Peter Jaszi.)
• RFID and Information Goods, WPES (2004) [short | long (draft)] (Paper & Presentation. Supervised student work & wrote paper in conjunction with Clinic faculty.)
• "Library RFID Best Practices" and "RFID Technology Evaluation Framework." (May 2004) (documents available online)
• MGM v. Grokster, Brief Amici Curiae of 40 Intellectual Property and Technology Law Professors Supporting Affirmance (Sept. 26, 2003) (Co-authored with Jennifer Urban, Pam Samuelson, and Deirdre Mulligan.)
• "The Continuing Expansion of Cyberspace Trespass to Chattels", 17 Berkeley Technology Law Journal 421 (2002).
  • Cited in California Supreme Court, Intel v. Hamidi, 2003, reversing Cal. Ct. of Appeals.
  • Table of relevant cases & citations (Jan. 2002; rev. Mar. 2004)

Recent Talks [–] [+]

• "Software Freedom and the Organic Internet" (panel), The 2007 NYC Grassroots Media Conference, March 24, 2007, New School University, New York City.
• Respondent, "Eyes on the Fair Use Prize" (screening), The 2007 NYC Grassroots Media Conference, March 24, 2007, New School University, New York City.
• How Copyright Law Curtails Access and What That Means For Libraries (panel), Metropolitan New York Library Council, Feb. 15, 2007.
• "Open Source on the Line" (panel), Rhizome, Dec. 4, 2006.
• "Copyright & Fair Use", "Rethinking and Redefining the Boundaries: Current Issues in Patent, Trademark, and Copyright Law" (panel), Fordham Fall Symposium, Nov. 17, 2006; proceedings forthcoming.
• "Why Fair Use Is Important and How to Defend It", DragonCon 2006, September, 2006.
• "Free Expression Concerns and Network Neutrality" (panel discussion on "Network Neutrality"), DragonCon 2006, September, 2006.
• "Creative Commons and Open Content Models", DragonCon 2006, September, 2006.
• "Tiny Trackers: How to Implement RFID Technologies in Libraries Without Giving Up Our Principles", American Library Association Annual Conference, June 25, 2006 (panel presentation on RFID and privacy). Presentation & Notes.
• "The Muse Is Never Monogamous", WisCon 30, May 28, 2006 (panel discussion on copyright & trademark).
• "The Librarian As Hero", WisCon 30, May 27, 2006 (panel discussion on libraries & librarians in fiction and reality)
• "Protecting Your Work: Copyright & Fair Use", Full-Time Artist: Business of Art Conference, May 20, 2006 (presentation with Marjorie Heins).
• "Legal Easy: Contracts, Licensing and Protecting Your Digital Content", Q-ME: Queer Media & Entertainment Conference, April 16, 2006 (panel moderator and speaker).

 

Activities and Honors [–]

• American Library Association, Subcommittee on Intellectual Property (Committee on Legislation), 2007-present.
• Life Sciences Society, Advisory Board: Open Source & Open Content Advisor, 2005-present.
• Workshop Participant, "Intellectual Property Clinics Meeting," American University, Washington College of Law, Washington, D.C., Sept. 21-22, 2006.
• Election Protection Coalition, Electronic Voting Machines Group; 2004; 2006.
• Workshop Participant, "Educational Fair Use," Harvard University, Berkman Center for Internet & Society, Cambridge, MA, May 18, 2006.
• Workshop Participant, "Economics of Open Content," Cambridge, MA, Jan. 23-24, 2006.
• Computers, Freedom & Privacy, 2004, Program Committee, 2003-04.
• Student Service, Boalt Hall School of Law, 2000-03.
  
  • Boalt.org, Board, 2000-03.
    
    Helped organize speakers' series; helped student groups get online; helped individual students with technical problems; worked with the school to improve technology; maintained Boalt.org website & student support services.
  • Prisoner Action Coalition (PAC), Member, 2000-02.
    Research & layout for factsheet on women in California prisons; helped organize prisoner art exhibit; developed website for PAC.
  • National Lawyer's Guild, Member, 2001-03.
  • Coalition for Diversity, Member, 2000-03.
  • Boalt Hall LGBT Caucus, Member, 2000-03.
  • Loan Repayment Student Advocacy Committee, 2000-02.
• American Library Association, Gay Lesbian Bisexual Task Force, Book Awards Committee, 1998-2000.
• American Society for Information Science (ASIS), Chicago Chapter. (Board; Publications Editor, 1994-96.)
• Progressive Librarians Guild, Member, 1993-2000.

• Admission pending, New York (as of fall 2006).
• Admitted to Practice, Massachusetts State Bar, 2005 June 23.
• Admitted to Practice, California, 2003 November.
• Admitted, Supreme Court of California, Dec. 5, 2003.
• Admitted, U.S. Court of Appeals, Ninth Circuit, 2003.
• Member, American Bar Association, 2003-present.
• Member, Massachusetts Lesbian and Gay Bar Association, 2005-present.
• Member, National Lawyers Guild, Massachusetts Chapter, 2005-present.
• Member, Bay Area Lawyers for Individual Freedom (BALIF), 2002-04.
• Member, National Lawyers Guild, Bay Area Chapter, 2002-03.
• Berkeley Center for Law & Technology, Young Alum Award, 2004.

Research, Technology, and Language Skills

• Research:
  • Particularly experienced with legal research (Lexis & Westlaw);
  • Particularly experienced with biomedical research (e.g., MedLine from its oldest incarnation to PubMed; NCBI resources, e.g., Entrez & GenBank; other biomedical literature databases; CDC statistical databases);
  • Also experienced with many other scientific, environmental, and public health databases, including statistical, environmental (e.g., Toxic Release Inventory), and drug and chemical databases (e.g., Material Safety Data Sheets databases);
  • Familiar with most major academic literature databases in the sciences, social sciences, humanities, economics, and law;
• Operating systems: Windows (3.0 - XP); Macintosh (7.x - 10.x); Unix/Linux (various flavors, i.e., AIX, HP-UX, Solaris; recently FreeBSD, Red Hat Linux); CMS; VMS; a few other extinct flavors
• Database technologies: MySQL, Access, Filemaker and others
• Web technologies: HTML, CSS; a little javascript, php, and perl
• Internet software management: Management of various listserv, blog, wiki, & open content management systems (CMS) software
• Complex data structures & classification schemes
• XML; e.g., NLM's XML standards for publication; EAD (Encoded Archival Description)
• Some reading ability in French & Spanish