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The Georgetown Law Center and ISSA Conference on
Emerging Trends in Information Security and the Law

“Plausible Deniability is Dead”

November 9-10, 2006
Georgetown University Law Center
Washington, DC

Conference Summary:
CEOs, CIOs, CISOs and legal professionals need to understand the developments in regulations and statutes that have led to convergence of issues between information security and inhouse and outside counsel. Business planning must consider the business drivers of the legal and security factors to be successful. This two-day conference is designed for CxOs and legal counsel together with a combination of panels, presentations and interactive sessions to highlight key success strategies for the transparency required for business integrity, security and compliance.
Benefits of Attendance:
• Gain an understanding of the legal standards for information security
• Develop skills for teaming legal and IT professionals in complex commercial transactions
• Learn how computers and IT security impact corporate governance
• Acquire insights into how to depose and cross-examine information security professionals
• Understand the liabilities associated with not understanding information security controls
• Acquire strategies for improving privacy statements and compliance
• Learn how to prepare outsourcing agreements that are effective in managing security and privacy requirements
• Be prepared for the lawyer’s role when computer systems are attacked
• Understand how computer forensics can alter traditional discovery strategies
Thursday, November 09, 2006
8:30am – 8:45am Welcome & Introduction
Paul B. Kurtz, Executive Director, Cyber Security Industry Alliance
Lawrence Center, Executive Director, Georgetown CLE
8:45am – 9:30am Opening Keynote:
Richard A. Clarke
9:30am – 10:15am Where We’re Headed – New Developments and Trends in the Law of Information Security
Thomas J. Smedinghoff
This session will focus on recent key cases, legislation, and regulations relating to information security, and examine the impact of those developments on corporate obligations to address security, and on corporate liability for failure to do so. Putting these events in perspective, this session will identify the big picture trends emerging from seeming unrelated security law developments.
10:15am – 10:30am Networking Break
10:30am – 11:15am New and Evolving Challenges for CEOs -- Corporate Governance and IT Security
Moderator: John S. Tritak
Participants: John W. Carlson
Lisa J. Sotto
Marios Damianides (invited)
If securing critical IT infrastructures is a "shared responsibility" among suppliers, end-users and government, what are the specific responsibilities of corporate end users to adopt information security governance practices, and should practices vary according to risk levels or other factors?
11:15am – 12:30pm Law & Technology: Strange Bedfellows?
Moderator: Vincent I. Polley
Participants: Susan Koeppen
Stewart Pomerantz
Thomas J. Smedinghoff
Rhonda E. MacLean
Effective counseling requires communication between lawyers and those who manage IT resources. The panel will chronicle the a case study FTC consent decree and the emergence of cooperative teaming arrangements between counsel and engineer and manager.
12:30pm – 2:00pm Networking Lunch
2:00p – 2:15pm Afternoon Introduction
William J. Cook
2:15pm – 3:45pm The Expert Witness and the Cross Examination
Attorneys: Mark J. Zwillinger
Paul R. Gupta
Expert Witness: Greg Schaffer, Former CISO Alltel (invited)
By now, everyone has heard about legal cases in which a corporation is alleged to have been negligent in securing sensitive information under its control, but unfortunately, few CISOs have had yet the experience of sitting through a deposition or examination where each one of their security decisions is subjected to legal scrutiny. In this one-hour session, two experienced information security attorneys will conduct a mock examination of a CISO whose decisions and action (and budgetary constraints) will be the lynchpin of a possible negligence action by on corporation against another.
3:45pm – 4:00pm Networking Break
4:00pm – 4:30pm Follow-up: The Decision, Question and Answers Session
4:30pm – 5:00pm Day 1 Summary
Marc Rotenberg
5:00pm – 7:00pm Networking Cocktail Reception
Friday November 10, 2006
8:30am – 8:45am Welcome & Introduction and Recap of Day 1
David M. Cullinane
8:45am – 9:30am Opening Keynote
Moderator: Prof. John D. Podesta
Participants: Prof. Eugene H. Spafford
9:30am – 10:15am Critical Topic Presentation - The Need for Transparency in Privacy StatementsSpeakers: Prof. Annie I. Antón
Larry Ponemon (invited)
Research indicates that transparency in privacy statements and practices may hold competitive advantage for consumer confidence in Internet transactions and commerce. Yet, there are practical issues many firms face that impede the ability to reach a standard of care where privacy statements are complete, clearly understood by consumers, and able to be fully verified. This session will explore the facts uncovered in research, and challenges that companies must overcome to be able to declare complete transparency that is necessary for an environment of trust.
10:15am – 10:30 am Networking Break
10:30am – 11:15am Governance: The Art and Science
Moderator: Rhonda E. MacLean
Participants: Anish Bhimani
John J. Huffstutler
Jim Maloney
Developing an effective framework is essential to providing leadership, increasing accountability and measuring effectiveness. The presentation will outline how people, policy, process, and technology make up the crucial ingredients. The panel will discuss experiences and lessons learned from each member’s unique perspective. This panel interaction will provide valuable insights and considerations when implementing a compliance and governance program in the real world.
11:15am – 12:00pm

Panel Forensics in e-Discovery
Moderator: Anne Rogers
Participants: Troy Larson
Eric M. Friedberg
AJ Venit (invited)
Using forensics for:
a) incident investigations
b) compliance/enforcement
e) litigation support
This panel approaches this topic from the viewpoint of the corporate environment, ranging from Large corporations (that have historically faced this and have applied a growing amount of resource to it) down to the small to medium business entities (that may have thought this was an unlikely problem for them until the burgeoning growth and evolution of eDiscovery and the new Federal Rules changes.)
- Preface: the changing environment and predominance of electronic records
- Observations on the shift toward electronic discovery as a common part of litigation (civil and criminal)
- eDiscovery Complexities: differences and cautions in preserving, collecting, handling and producing electronic evidence as opposed to physical/paper evidence
- Cost factors and business case analysis

12:00pm– 12:15pm Networking Break
12:15pm – 1:00pm

Outsourcing but Keeping Control of your Compliance Requirements
Moderator: Jody R. Westby
Participants: William Henley
C. Peter Pampillonio
William A. Tanenbaum
This panel will explore the challenges companies face in managing their privacy and security compliance requirements in the outsourced environment, whether domestic or offshore. It will also address privacy/security legal considerations in Master Service & Service Level Agreements and governance over the outsourced operations.

1:00pm – 2:30pm Networking Lunch
2:30pm – 2:45pm Afternoon Introduction
Karen Worstell
2:45pm – 4:00pm Incident Response Scenario: Responding in Real Time
Moderator: Richard Power
Participants: Eric Dezenhall
Ed Skoudis
Jody R. Westby

This panel will consist of four panelists role playing as CEO,CSO/CPO, General Counsel, and PR/Communications and responding in real time to an incident response scenario. They will explore legal considerations, communications and public relations pitfalls, fiduciary responsibilities and governance concerns, and operational considerations.
4:00pm – 4:45pm A View on Privacy from the FTC
FTC speaker to be invited
4:45pm – 5:00pm Event Summary – Key Takeaways and CxO/Counsel Action Plan
Karen Worstell
 

ISSA has created the perfect membership program for you. The CISO Executive Membership program delivers the networking opportunities, content, and resources high-level security professionals are looking for.

Join us at CISO Executive Forum in Washington D.C. to check out this unique program and meet other industry leaders as you tackle current issues and discuss solutions.

Don’t miss the chance to be a part of this exclusive program, offering members: Free registration for 4 events a year, including lodging for one night and all meals Extensive networking opportunities with peers and experts Privileged access to online information and discussion forums And for Charter Members... Direct input on the content of online services and events!

The CISO Executive Membership offers:

  • Access privileges to tailored sources of online information
  • Interaction with peers through exclusive online discussion forums and events
  • Educational seminars and online discussions with top industry experts
  • An effective forum for understanding and influencing relevant legislation
  • A unified voice to influence vendors throughout the industry

Don't miss this opportunity to take part in this exclusive Executive Forum, and be sure to invite friends and colleagues who would benefit from ISSA's new CISO Executive Membership.

Please contact ISSA Headquarters at (206) 388-4584 x101 or meetings@issa.org with any questions.

 

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