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IN THIS ISSUE DECEMBER 2001


SECTION OF SCIENCE & TECHNOLOGY LAW
2001-2002
Committees

Are you a member of the ABA Section of Science & Technology? Would you like to act as a catalyst at the national level to help reshape the legal infrastructure, particularly as scientific and technological developments strain the boundaries of old laws? Have you ever felt the need to bounce ideas off of other attorneys regarding a legal area where there's little precedent?

If your answer is "yes" to any of these questions, consider joining one or more committees of the Section of Science & Technology Law. There is no additional charge for committee membership. As a committee member, you can:

  • Receive listserv updates on the legal developments that matter most to you, including new legislation, just-enacted laws, newly issued court decisions, and the best links/resources for obtaining such information.
  • Gain practical insights to help you do the work on your desk.
  • Get the chance to make a difference on a policy level (ABA committee members often speak up and are called upon to comment on key legal issues).
  • Round out your resumé and your experience as a lawyer.
  • Identify other attorneys who are interested in the same issues you are, while interacting with those practitioners in a whole new way.

To join a committee, contact sciencetech@abanet.org

2001-2002 Committee Descriptions

COMMUNICATIONS LAW DIVISION
Co-Chairs William B. Baker, Wiley, Rein & Fielding, wbaker@wrf.com Walt Sapronov, Gerry & Sapronov, info@gstelecomlaw.com
This Committee is responsible for the Section's substantive coverage of the entire range of legal issues involving domestic and international communications, information services, and mass media. It is responsible for reports on new developments, the development of representative educational and professional programs, and the preparation of authoritative papers, monographs and other educational material.

Domestic Telecommunications and Information Services
Chair, Jose E. Guzman, Jr., Nossaman, Guthner, Knox et al, jguzman@nossaman.com
This Committee covers the technological, judicial, governmental, and market-place developments affecting the convergence of the communications and computing industries at both the federal and state levels. In addition, the Committee addresses traditional administrative and regulatory issues involving the domestic telecommunications industries from the broad-based perspective of users, carriers, and providers, including information content and other topical issues.

International & Satellite Telecommunications
Chair, Lee J. Tiedrich, Covington & Burling, ltiedrich@cov.com
This Committee covers the legal issues related to international telecommunications facilities and services, their use for information transfer using various technologies, and international regulatory approaches.

Mass Media Communications Law
Chair, Dorann Bunkin, Wiley, Rein & Fielding, dbunkin@wrf.com
This Committee covers legal issues involving all forms of mass media communications systems, including emerging technologies such as fiber optic cable, HDTV, and direct broadcast satellite systems, as well as radio, television, and cable. In addition to traditional licensing and regulatory issues, the Committee addresses issues arising from regulatory and marketplace developments associated with the arrival of new mass media technologies.

COMPUTER LAW DIVISION
Co-Chairs William S. Coats, Orrick, Herrington & Sutcliffe, wcoats@orrick.com Richard D. Marks, David, Wright, Tremaine, LLP, richardmarks@dwt.com
Arising out of the development, manufacture, sale, use, and domestic and international regulation of computer technology, this Division is responsible for the Section's substantive coverage of the entire range of legal issues arising out of the manufacture, sale, and use of computer technology. The Division also is responsible for reports on new developments, the development of representative educational and professional programs, and the preparation of authoritative papers, monographs, and other educational material in the field of computer technology.

Computer and Software Legislation
Co-Chairs George L. Graff, Paul, Hastings, Janofsky & Walker, glgraff@phjw.com Michele C. Kane, The Walt Disney Company, michele.kane@disney.com
This committee monitors the drafting and enactment of UCITA and other legislation relating to computer software, electronic databases and online services and will sponsor and provide speakers for programs relating to those statutes.

Computers, Software and Business Alliances
Chair, Lilia C. Rose, Hewlett-Packard Company, lilia.rose@hp.com
This Committee focuses on the pervasive adoption, domestically and internationally, by governments, institutions and business organizations of specialized internal computer networks ("intranets") and the business processes that enable use of these new technologies, including issues relating to contracting for computers, for systems integration and telecommunications services, virtual marketing and distribution, outsourcing and reengineering, and including virtual delivery of legal services (e.g., via intranets and password-protected Web sites.)

First Amendment Rights in the Digital Age
Co-Chairs Hamid Kashani, hkashani@aol.com Kelli L. Sager, Davis, Wright, Tremaine, LLP, kellisager@dwt.com
This Committee addresses issues of free expression on the Internet; CDA and HIPAA litigation and related congressional, administration, and regulatory (FCC, FTC) policy questions, including encryption; media content ratings systems as applied to computer networks; political communication; and various national restrictions on the Internet communications.

Information Technology and National and Global Networks
Co-Chairs Joseph I. Rosenbaum, Reed, Smith LLP, jrosenbaum@reedsmith.com Clint N. Smith, WorldComm, Inc., clint.smith@wcom.com
This Committee explores law and policy issues relating to the computer technologies and communications networks that constitute our Global Information Infrastructure, including standards issues; regulation of trans-border information services; content liability of network operators and other service providers; competition and taxation issues; interconnection and settlements policies; inter connection and settlements policies; interception and surveillance requirements; encryption policies; and national restrictions on foreign investment in computer and communications industries.

Internet and Cyberspace
Co-Chairs Ian C. Ballon, Manatt, Phelps & Phillips, LLP, iballon@manatt.com Prof. William Luddy, Jr., Lally School of Management & Technology, wjl@rh.edu
This Committee focuses on developments in law governing e-commerce, the Internet, digital technologies and converging media, including domestic and foreign case law, legislative proposals before Congress, treaty international conventions, foreign country legal issues, and new social patterns of cyberspace and computer use. In both the domestic and global contexts, the committee places particular attention on cyberspace intellectual property laws, laws governing pseudonymity and anonymity, Internet-related litigation (including privacy disputes) and service provider, website and content liability.

Internet Governance Chair, David W. Maher, Sonnenschein, Nath & Rosenthal, dwmaher@attglobal.net
The mission of this Committee is to study the technical administration of the Internet, currently under the control of the Internet Corporation for Assigned Names and Numbers (ICANN). The Committee will consider the issues of IP address space allocation, protocol parameter assignment, domain name system management and root server system management. The committee will also consider: (a) the questions of governmental relations with ICANN and, in particular, the legal basis for the continuing control of the root zone file by the U.S. Department of Commerce and (b) the policy issues raised by ICANN's jurisdiction over trademark-domain name disputes.

Multimedia and Interactive Technologies
Chair, Bradley C. Wright, Banner & Witcoff, wright@bannerwitcoff.com
This Committee focuses on the products and technologies that offer information via voice, video and data; users interaction with these new features offered through digital technology; and issues of capital formation, identification and acquisition of property rights, and distribution and licensing techniques.

Privacy and Computer Crime
Co-Chairs Paul E. Coggins, Jr., Fish & Richardson PC, coggins@fr.com Charles L. Mudd, Jr., cmudd@privacyresolutions.com
This Committee addresses the ongoing debate over encryption use policy, including export issues; digital telephone and CALEA issues; ongoing development of new encryption standards; protection of computer and network users privacy; and the development of techniques to counter crimes using computers and computer net-works.

ELECTRONIC COMMERCE DIVISION
Chair, Thomas J. Smedinghoff, Baker & McKenzie, smedinghoff@bakernet.com
All businesses in all industries are in the midst of a transition to a pervasively digital environment. With the rise of the internet and wireless communications, the ubiquitous availability of law-cost computing and networking, and the tremendous advantage offered by electronic transactions, we are witnessing a fundamental shift in the way businesses and government agencies operate. The E-Commerce 13 Division through its Committees and Working Groups addresses the legal issues arising from business, government, and consumer use of and reliance on such technology. This includes the legal issues relating to use of the Internet to do business, those that arise from the increasingly digital (or "e") aspects of today's corporate environment, and the developing legal infrastructure for e-commerce.

Electronic Filing
Chair, Clyde R. Christofferson, Clydec@crc-law.com This Committee considers the effect upon legal structures of technology used for communications between parties and courts or other decision-making agencies. The current focus of the committee is upon electronic filing of documents with state and federal courts and administrative agencies. Implementing electronic technology for official filings requires review and sometimes revision of statutes and practice rules, and negotiation of workable transition procedures. An important long-term objective of the committee is achieving a reasonable degree of compatibility across jurisdictional boundaries.

E-Privacy Law
Chair, Ruth Hill Bro, Baker & McKenzie, bro@bakernet.com
This large and rapidly growing Committee is designed for chief privacy officers, chief security officers, attorneys in privacy practice, government officials, and business people who want to discuss approaches to various privacy issues, develop best practices and guidelines regarding privacy, make a difference on the national stage by taking positions on key policy issues, participate in working groups focused on particular privacy issues (e.g., financial privacy, medical privacy, cross-border, CRM/profiling issues), or simply be tapped into the latest privacy legal developments and thinking on a hot-button issue that affects virtually every client.

Electronic Commerce Payment
Chair, Richard L. Field, field@pipeline.com This Committee deals with the payment side of e-commerce, as well as other forms of transfers such as stored value cards. It brings together a wide cross-section of Section members with a professional or personal interest in these issues. Communication, education and specific working group activities are offered through our low-volume listserve. Building on the specialized expertise within the Electronic Commerce Division, the ECP Committee considers how issues of security, authentication, privacy, etc. might affect the legal framework for new value transfer mechanisms, and provides assistance to legislative drafters and other groups.

Information Security
Co-Chairs Kimberly B. Kiefer, kkiefer@verizon.net Stephen S. Wu, swu@infoseclaw.com
The Information Security Committee, a group of lawyers, technologists, and other professionals, explores legal, business, and technical aspects of securing electronic commerce and of protecting information and critical infrastructures within computer systems and networks, such as the Internet. The ISC has been the focal point of diverse secure electronic commerce law initiatives since 1992, and its work includes globally influential documents relating to electronic authentication, digital signatures, and public key infrastructures. Its work also includes security aspects of protecting private electronic consumer and health care patient information and securing electronic financial transactions and payments. Finally, the ISC's work generally encompasses legal, business, and technical issues involved with identifying security threats and vulnerabilities to computer systems and networks, implementing security solutions in response to vulnerabilities, and handling security breaches and other incide.

Technical Standardization Law
Chair, Oliver R. Smoot, scsors@cais.com
This Committee seeks to improve the development of solutions to policy issues having a mixture of legal and technical factors. As we encounter situations involving a high degree of interaction between people, institutions and technology more frequently, proposed and achieved solutions increasingly rely on technical standards in addition to or as a substitute for legal standards or regulation. The Committee will develop principles and practical guides towards better solutions generally. These may include policy approaches to finding the right balance or changes in the law applicable to standards development and use to support more effective solutions.

LIFE SCIENCES AND PHYSICAL SCIENCES DIVISION
Chair, Julie A. Fleming, Jones Day, Reavis & Pogue, jafleming@jonesday.com 14 This Division is responsible for Section's substantive coverage of the entire range of legal issues affecting services and developments in the life and physical sciences. The Division covers legal restrictions, regulatory controls, risk-benefit analysis, and governmental impediments concerning the products and services originating from developments in the life and physical sciences. This Division is also responsible for professional programs, and the preparation of authoritative papers, monographs and other educational material.

Behavioral Sciences
Chair, Eric Y. Drogin, eyd@drogin.net
This Committee addresses the full range of legal issues that concern psychiatry, psychology, and related behavioral sciences. A particular emphasis has included the "jurisprudent therapy" approach to psycholegal analysis, in which mental health science, mental health practice, and mental health roles are explored in terms of their contributions to principles of justice in both criminal and civil contexts. Members are encouraged to participate in the Committee's discussion list, ST-BEHAVSCI@mail.abanet.org.

Biotechnology
Chair, Julie A. Fleming, Jones, Day, Reavis & Pogue, jafleming@jonesday.com
This Committee keeps abreast of various topics relating to biotechnology including research, commercial, regulatory and patent issues. The committee also covers biotechnology issues relating to clinical medicine, such as gene therapy, forensic medicine, such as DNA fingerprinting, and other areas of biotechnology raising ethical and/or evidentiary issues. The committee follows pending legislation designed not only to control the avail-ability of products of biotechnology, but also to protect the proprietary rights of biotechnology developments in the U.S.

Environmental Law and Public Health
Chair, Nancy S. Bryson, Crowell & Moring, LLP, nbryson@cromor.com
This Committee addresses the legal and scientific issues involved in the application of various statutes concerning the environment and public health, including occupational health, and the impact of these laws on scientific technological, and industrial development. The Committee addresses the use of statistics in risk assessments, scientific training of environmental hearing officers, and appropriate use of expert witnesses.

Genetic Research and Testing
Chair, Lori B. Andrews, Chicago Kent College of Law, landrews@kentlaw.edu
The Committee covers legal issues related to research and clinical applications of genetic technologies, including informed consent; use of stored tissue samples; use of biological materials for pharmaceuticals; genetic discrimination in education, insurance, and employment; courts' use of predictive genetic testing and other genetic evidence; tort liability for genetic services; federal regulation of genetic tests and therapies; and psychological and social impacts of genetic technologies.

Healthcare Informatics Co-Chairs, Jean Marie R. Pechette, GE Medical Systems Information Technologies, Inc., Jean.Pechette@med.ge.com John R. Christiansen, johnc@prestongates.com
This Committee explores a wide range of EDI issues specific to the healthcare market, such as electronic benefits transfers or computer-based patent records, with a view to: promoting the creation and use of standards; developing policies to protect patient and providers confidentiality and ensure data security; and drafting model agreements and legislation.

Medical Practice and Medical Research
Chair, George J. Annas, Boston University School of Public Health, annasgj@bu.edu
This Committee covers legal issues concerning medical practice and related research developments. The Committee addresses legal issues related to scientific research such as human experimentation, consent, safety and efficacy, and liability arising from research results, as well as developments in the fields of genetic and molecular engineering, immunology, carcinogens, and toxic substances. The Committee also addresses legal issues involved in liability and insurance for health care professionals and providers, informed consent, and the use of new drugs, devices, or therapies.

Physical Sciences
Chair, Marvin J. Powell, Minerals Technologies, Inc., jpowell@fast.net
This Committee addresses the legal implications of research, discoveries, and engineering applications of the physical sciences and monitors developments in the physical science areas of expert interest to the Committee's members.

Scientific Misconduct
Chair, Gilbert F. Whittemore, Jr., gfw@sklaw.com

This Committee covers legal issues related to the conduct of scientific research. Legal and ethical issues in the conduct of research, educational efforts to improve awareness of these issues, and the investigation of allegations of scientific misconduct fall within its scope.

SPECIAL AND STANDING COMMITTEES

Standing Committee on Scientific Evidence
Chair, Cynthia H. Cwik, Lathan & Watkins, cynthia.cwik@lw.com
This Committee addresses the legal and evidentiary issues arising from the use of scientific evidence and experts.

Opportunities for Minorities and Women Co-Chairs Ellen J Flannery, Covington & Burling, eflannery@cov.com Hon. Wendell L. Griffen, Arkansas Court of Appeals, Judggriff@aol.com
This Committee recognizes the need to afford minorities and women the opportunities to practice law within the mainstream of the legal profession and undertakes the Section's responsibility to involve more minorities and women in the mainstream of the legal practice through increased enrollment in the Association. The Committee's responsibility includes membership initiatives and leadership development development for individuals interested in matters related to Science and Technology.

Standing Committee on Dispute Resolution
Chair, Steven Brower, Stephan, Oringher, Richman & Theodora, sbrower@sortlaw.com
This special Committee studies the role of ADR, specifically as it relates to technology disputes, and provides education to the members of the Section regarding significant legal and ethical issues involved in ADR.

Standing Committee on Judicial Education Chair, Hon. Wendell L Griffen, Arkansas Court of Appeals, Judggriff@aol.com The mission of this Committee is to coordinate information and programs that will assist judges in better understanding science and technology law issues including scientific evidence, the role of scientific experts, and related matters.

Young Lawyers Committee
Co-Chairs Angel G. Gomez, Castro, Gomez, Durbin & DeJesus, agomez@cgddlaw.com Ava Marie Hahn, avah@luxn.com
This Committee is a forum for young lawyers seeking to become involved in exploring and shaping the emerging issues at the intersection of law, science, and technology. Young lawyers who have grown up with mainstream access to high technology represent a unique generation of leaders who will be intimately involved with helping to define and shape the contours of law for technology. The Committee provides young lawyers with the opportunity to focus their interests and efforts as society seeks to apply tested principles to new problems posed by emerging technologies.


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