Next CLBR: Green Tech with Jim Hurd, CLBR Honored and News Update


Today’s CLBR features Jim Hurd, Founder of the Green Science Exchange and a prominent Silicon Valley Insider.  (Details Below)

Segment 1:  CLBR Honored and News Update

pizap.com10.0282074431888759141384363013824One of the most fun CLBRs we have done yet was with Presidential historian and uber-Red Sox fan Doris Kearns-Goodwin and friend and columnist Ralph Hallow on Presidents past and present.

For that we have been rewarded with a nomination from the Los Angeles Press Club for the Southern California Journalism Awards in the category of Talk Radio – Public Affairs broadcast.

F10.Talk Public

* Charles Feldman, Laraine Herman, Diane Thompson, Frank Mottek and Bob McCormick, KNX, “Healthcare Uncovered”
* Bennet Kelley, Internet Law Center, Internet Law Center, “The Bully Pulpit And Perspectives On Presidents And History”
* Off-Ramp, KPCC, “Off-Ramp For September 14, 2013”
* Warren Olney, Katie Cooper and Sonya Geis, KCRW, “Paul Tanaka”
* Warren Olney, Anna Scott and Sonya Geis, KCRW, “UCLA Lack Of Diversity”

It is a huge honor to be nominated alongside Warren Olney, the Dean of Southern California Radio.

Who is Warren Olney?

I’m glad you asked:

Olney and both of his programs have been honored with nearly 40 national, regional and local awards for broadcast excellence since its inception. Most recently, Olney received the 2012 Lifetime Achievement Award for his broad achievements in television news, as well as his storied career over 20 years on public radio, both locally and nationally. He has been awarded the Golden Mike Award for “Best Public Affairs Program,” and WWLA was honored with the Los Angeles Press Club’s Southern California Journalism Award for Best Talk/Public Affairs Show. Olney was named Best Radio Journalist of the Year at the 2001 Los Angeles Press Club’s Southern California Journalism Awards. WWLA was also named as Best Talk/Public Affairs Show during the same awards ceremony.

He is the only person to have been twice named “Broadcast Journalist of the Year” — for his work in both radio and television — by the Society of Professional Journalists, Los Angeles. He is the recipient of Emmy Awards for reporting and anchoring, and Golden Mikes for investigative reporting.

More succinctly, he is the gold standard for Southern California radio and to be able to stand next to his glow is incredibly flattering.

FTC Report


The FTC has released its Big Data report.

Among the report’s findings:

  • Data brokers collect consumer data from extensive online and offline sources, largely without consumers’ knowledge, ranging from consumer purchase data, social media activity, warranty registrations, magazine subscriptions, religious and political affiliations, and other details of consumers’ everyday lives.
  • Consumer data often passes through multiple layers of data brokers sharing data with each other. In fact, seven of the nine data brokers in the Commission study had shared information with another data broker in the study.
  • Data brokers combine online and offline data to market to consumers online.
  • Data brokers combine and analyze data about consumers to make inferences about them, including potentially sensitive inferences such as those related to ethnicity, income, religion, political leanings, age, and health conditions. Potentially sensitive categories from the study are “Urban Scramble” and “Mobile Mixers,” both of which include a high concentration of Latinos and African-Americans with low incomes. The category “Rural Everlasting” includes single men and women over age 66 with “low educational attainment and low net worths.” Other potentially sensitive categories include health-related topics or conditions, such as pregnancy, diabetes, and high cholesterol.
  • Many of the purposes for which data brokers collect and use data pose risks to consumers, such as unanticipated uses of the data. For example, a category like “Biker Enthusiasts” could be used to offer discounts on motorcycles to a consumer, but could also be used by an insurance provider as a sign of risky behavior.
  • Some data brokers unnecessarily store data about consumers indefinitely, which may create security risks.
  • To the extent data brokers currently offer consumers choices about their data, the choices are largely invisible and incomplete.

To help rectify a lack of transparency about data broker industry practices, the Commission encourages Congress to consider enacting legislation that would enable consumers to learn of the existence and activities of data brokers and provide consumers with reasonable access to information about them held by these entities.

For data brokers that provide marketing products, Congress should consider legislation to:

  • Centralized Portal. Require the creation of a centralized mechanism, such as an Internet portal, where data brokers can identify themselves, describe their information collection and use practices, and provide links to access tools and opt- outs;
  • Access. Require data brokers to give consumers access to their data, including any sensitive data, at a reasonable level of detail;
  • Opt-Outs. Require opt-out tools, that is, a way for consumers to suppress the use of their data;
  • Inferences. Require data brokers to tell consumers that they derive certain inferences from from raw data;
  • Data Sources. Require data brokers to disclose the names and/or categories of their data sources, to enable consumers to correct wrong information with an original source;
  • Notice and Choice. Require consumer-facing entities – such as retailers – to provide prominent notice to consumers when they share information with data brokers, along with the ability to opt-out of such sharing; and
  • Sensitive Data. Further protect sensitive information, including health information, by requiring retailers and other consumer-facing entities to obtain affirmative express consent from consumers before such information is collected and shared with data brokers.

For brokers that provide “risk mitigation” products, legislation should:

  • When a company uses a data broker’s risk mitigation product to limit a consumers’ ability to complete a transaction, require the consumer-facing company to tell consumers which data broker’s information the company relied on;
  • Require the data broker to allow consumer access to the information used and the ability to correct it, as appropriate.

For brokers that provide “people search” products, legislation should:

  • Require data brokers to allow consumers to access their own information, opt-out of having the information included in a people search product, disclose the original sources of the information so consumers can correct it, and disclose any limitations of an opt-out feature.

The nine data brokers in the study are Acxiom, CoreLogic, Datalogix, eBureau, ID Analytics, Intelius, PeekYou, Rapleaf and Recorded Future. In December 2012, the Commission voted to issue orders requiring these data brokers to produce the information that was used in the study.

Maya Angelou

Acclaimed writer and poet Maya Angelou has passed.  I had the opportunity of seeing her in person one cold January day many years ago.  Here is excerpt from her speech that day.


Segment 2:  Jim Hurd on Green Tech and Silicon Valley

In Segment Two we talk about Green Tech, Silicon Valley and Washington with Silicon Valley insider and Green Tech pioneer Jim Hurd.

Jim Hurd is the Founder of the GreenScience Exchange and the NanoScience Exchange, He is based in San Francisco, CA. Jim builds key strategic alliances and public-private partnerships in cleaner energy and nanotech. His core work is with start-ups who are leaders in breakthrough cleantech and nanotech materials.
Projects Jim is, or has, worked on include:
– Jim is Director of US Strategic Alliances for Nation-E, a leading Israeli company in enterprise smart-grid software who have major pilot projects in Israel, Europe and the U.S., which was founded by visionary entrepreneur Daniel Jammer.
– Jim is a Senior Advisor to the ChangCe Institute at their Washington, DC office. ChangCe Institute is a Chinese energy think-tank based in Beijing and Shanghai.
– for Nanoexa, a leading nano lithium-ion battery company, based in Silicon Valley, assisting in strategic relationships and key hires as the company grew, and tracking industry developments that affect the company’s technology leadership.
– for Apollo Diamond, a nanotech leader in producing flawless single-crystal diamond for gems and semiconductors – developing key strategic partnerships with leading corporations.
– for Mitsubishi Ventures on who are leaders in new water and new smart grid technologies.
– for Natural Nano, a publicly traded nano-materials company using pleximers to develop breakthrough new solutions in industrial materials – putting together key strategic relationships, recruiting a Nobel Laureate as an advisor, and increasing the visibility of the company in major media.
– Jim is one of the Directors of the Water Innovations Alliance, a leading water technology association based in New York City that has put on major water technology events in New York City, Washington, DC, Fresno, CA and Dayton, OH.
– Jim was Director of Strategic Alliances for GIVE Eco Energy – a biomass technology integrator based in NYC that is developing projects for Brazil, Haiti and Senegal. These projects use waste biomass crops and convert them to electricity or biofuel.
– Jim is an ongoing Expert Advisor over the last three years to the Skolkovo Energy Efficient Materials Initiative in Moscow, Russia.
– Jim consults for the law firm K&L Gates in Washington, DC for the last six years on strategic relationships with leading technology associations and start-up companies in the U.S.
– Jim was on the 2010 Energy Faculty of Singularity University, based in Mountain View, CA – a leading technology graduate school led by Peter Diamandis, Founder of the X-Prize and Ray Kurzweill, famous author and inventor.
– Jim was on the Steering Committee for Silicon Valley for “Cleantech for Obama” during the 2008 U.S. Presidential campaign. He works with Senators, Congressmen and their staffers on Capitol Hill to develop technology and innovation initiatives.
– for Direct Methanol Fuel Cell Corporation, a subsidiary of Viaspace, in establishing strategic alliances.
– for Optiva, a leading nano-materials company in 2002 – 2003, helping the company to close a substantial part of a $30 million venture investment.
– Jim consulted for NOST – Netherlands Office of Science and Technology in 2007 – in advising two Dutch companies in developing their U.S. markets.
– Jim has been a first and second round judge for 2007, 2008 and 2009 World Bank Development Gateway Awards in Washington, DC. He participated in the United Nations Tech Tuesday events on scale-up of technology for developing countries held in 2003 and 2004. He has actively participated in the San Jose Tech Museum’s Tech Awards for developing countries over the last seven years.



We hope you will consider attending the California Bar’s IP and the Internet Conference.  As you can see from the schedule below it has assemble a bumper crop of top speakers, including many CLBR guests:


8:30 am-8:45 am

Welcome & opening Remarks

We begin with Bennet Kelley providing a brief overview of the conference and connecting the dots on the various sessions that fill the day.

• Warren L. Dranit, Partner, Spaulding, McCullough & Tansil LLP • Bennet Kelley, Internet Law Center

8:45 am-9:45 am

Hot Topics In Internet Law [1.0 Hour]

Ever popular, Ian Ballon will address some of the hottest issues and latest cases in internet law, including copyrights, trademarks, search engines and privacy and how they may affect your practice.

• Ian Ballon, Shareholder, Greenberg Traurig

9:50 am-10:50 am

Ethical and Privacy Challenges in Internet Policy [1.0 Hour Legal Ethics]

Drawing from his many high profile roles in the business and legal community, Chris Kelly will provide a unique exploration of many of the ethical and privacy challenges that arise from establishing and complying with internet policy.

• Chris Kelly, former Chief Privacy Officer and General Counsel at Facebook and 2010 candidate for California Attorney General

10:50 am–11:05 am BREaK

11:05 am-12:20 pm

Bringing Clarity to the Cloud: IP and other Legal Issues in Cloud services [1.25 Hours]

More and more businesses are migrating to a climate of cloud-based services. Navigating the fog of IP ownership issues, data security risks and performance warranties can be daunting. Our panel of technical, business and legal experts will seek to evaporate the air of confusion and bring clarity to negotiating contracts for cloud-based services.

• Moderator: Kevin De Bré, Partner, Stubbs Alderton & Markiles, LLP • Bob Green, CTO consultant for Singer Lewak
• Jeff Adelman, General Counsel and Secretary, j2 Global, Inc.
• Adam F. Wergeles, Chief Legal Officer, ReachLocal, Inc.

• Adam Weiss, General Counsel, Cornerstone OnDemand

12:30 pm-2:00 pm

Luncheon Keynote: Virtual Currency [1.0 Hour]

The Internet has challenged traditional ways of thinking about intellectual property: the globally interconnected world we live in today is very different from anything we’ve ever seen before. But a second wave is coming our way: the Internet of Value. Bitcoin and other digital currencies are emerging as a new way to track and exchange anything of value. These digital platforms could streamline existing payments and enable micro-payments; they could usher in transformations like “smart contracts” and distributed autonomous organizations. If the promise becomes reality, it will change how we come together as humans and economic actors and challenge how we think about legal rights, intellectual property, and how the world works.

• Mary Dent, Co-Founder, dcIQ

2:05 pm-3:05 pm

The Reality of augmented Reality [1.0 Hour]

While Google Glass gets much of the attention, a broad range of augmented reality technologies are beginning to integrate into our daily lives at an accelerated rate. Ben Esplin and Ari Popper will take you on a well-grounded tour of where the technology is today, where it will likely be tomorrow and explore some of the many legal issues which arise from the use and integration of these augmented reality technologies.

• D. Benjamin Esplin, Partner, Pillsbury Winthrop Shaw Pittman LLP • Ari Popper, A20 Technologies

3:05 pm-3:20 pm BREaK

3:20 pm-5:30 pm

The Changing Landscape of Privacy and Data security Law [2.0 Hours]

Few issues have had greater impact on the internet in the last few years than the debate over privacy and data security. These complex questions affect attorneys and entrepreneurs regardless of specialty, industry, or discipline, and anyone working in a high-tech field should understand their rights and responsibilities in relation to privacy and security.

This extended-length panel will discuss topics including the major cases in privacy in the last few years; the demands of complying with new privacy laws; the legal ramifications of government and corporate surveillance; and many other major issues in privacy law today. We will also discuss the changing legal landscape of digital security with respect to federal laws, state laws, and regulatory enforcement, as well as the increasing danger of high-profile data breaches. Experts in privacy and data security will take a close look at the distinctions and overlaps between the two disciplines, and offer practical tips on building privacy and security into an organization.

• Moderator: Hannah Poteat, Poteat Law
• Jamie Bryce Clark, General Counsel, OASIS
• Jonathan Fox, Director of Data Privacy, McAfee, Inc. • Tanya Forsheit, Partner, Information Law Group
• Alan L. Friel, Partner, Baker Hostetler