NILG Conference 'Law and Governance in the Digital Era'

7th Annual Conference of the Netherlands Institute for Law and Governance:
“Law and Governance in the Digital Era”
West Indisch Huis, Amsterdam, Thursday November 19th 2015

The rapid advancement of digital technology keeps challenging the potential of the law to provide appropriate, reliable regulatory solutions. On the one hand, a regulatory framework is required that is open and flexible enough to support the continuous evolution of new products, services and business models. On the other hand, restrictions of the use of new technologies may be necessary to safeguard fundamental rights and human dignity. International and national speakers will discuss law and governance in the digital era:

Programme
9:30      Registration (Coffee/Tea)
10:00    Opening

10:15    Big Data and Web 3.0 - Mapping the Challenges of New Technologies
Prof. Annette Kur, Senior Researcher, Max Planck Institute for Innovation and Competition, Munich, and Honorary Professor, University of Munich
Prof. Jeanne Mifsud Bonnici, Professor of European Technology Law and Human Rights, University of Groningen
Cédric Manara, European Copyright Counsel, Google, Brussels
Plenary Debate

11:15    Coffee Break

11:45    Public/Private Interface – Assessing the Potential of Regulatory Tools
Prof. Francesca Bignami, Professor of Law, George Washington University, Washington DC
Prof. Aurelia Colombi Ciacchi, Professor of Law and Governance, Academic Director Groningen Centre for Law and Governance, University of Groningen
Prof. Wouter Werner, Professor of Public International Law, VU University Amsterdam
Plenary Debate

12:45    Lunch Break

13:45    Case Studies – Part 1
Session A ‘Driverless Car’
Chair: Kiliaan van Wees, Assistant Professor, Department of Private Law, VU University Amsterdam
Prof. Michiel Heldeweg, Professor of Law, Governance and Technology, University of Twente
Prof. Wim Vellinga, Professor of Criminal Law and Criminal Procedure, University of Groningen

Session B ‘Internet of Things’
Chair: Tijmen Wisman, Researcher, Department of Transnational Law, VU University Amsterdam
Prof. Andrew Murray, Professor of New Media and Technology Law, London School of Economics
Wanne Pemmelaar, Senior Associate, De Brauw Blackstone Westbroek

Session C ‘Smart Borders’
Chair: Evelien Brouwer, Associate Professor, Department of Public Law (Migration Law), VU University Amsterdam
Tizia Lemmer, Directorate Migration Policy, Ministry of Security and Justice
Majoor Jorrit Greydanus, Deputy Chief, Brigade Border Control Schiphol, Royal Military Police (Koninklijke Marechaussee)
Prof. Jeanne Mifsud Bonnici, Professor of European Technology Law and Human Rights, University of Groningen

14:45    Coffee Break

15:15    Case Studies – Part 2
Session A ‘eNotary’
Prof. Leon C.A. Verstappen, Professor of Notarial Law and Academic Director, Groningen Centre for Law and Governance, University of Groningen

Session B ‘3D Printing’
Chair: Prof. Martin R.F. Senftleben, Professor of Intellectual Property Law and Director, Kooijmans Institute for Law and Governance, VU University Amsterdam
Prof. Klaus Heine, Professor of Law and Economics, University of Rotterdam
Maurits Westerik, Senior Counsel, Bird & Bird, The Hague

Session C ‘Law Enforcement and ISP Liability’
Chair: Prof. Arno R. Lodder, Professor of Internet Governance and Regulation, VU University Amsterdam
Stefan Kulk, Researcher, Molengraaf Institute for Private Law, University of Utrecht
Milica Antic, Head Legal, Google Netherlands
Remy Chavannes, Partner, Brinkhof, Amsterdam

16:15    Governance Challenges Revisited
Roundtable of Session Chairs
Short Summaries of Results
Plenary Debate

17:30    Closing and drinks (Borrel)

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Description
The overarching question of the role of law in the digital era has many facets. What are the genuinely new aspects of digitization that give rise to regulatory dilemmas? How does law evolve to adapt to this changing reality? How are different conflicting interests reconciled in legal systems? How to devise legal rules that are sustainable enough to keep pace with rapid technological development? Is the current legal framework still effective in the digital era? Who are and should be the main actors shaping the digital environment and the law for the digital environment?

To shed light on these facets of law and governance in the digital era, the conference first offers two plenary sessions. Seeking to explore the present interplay of technology and legal norms, the first session maps current regulatory dilemmas that are triggered by digital technology: from access to information for the purposes of text and data mining to legal risks associated with the use of advanced information technologies. On this basis, the second session discusses the potential of available regulatory tools in the public and private sphere. To which extent can traditional legislation still be seen as an appropriate answer? Which level of abstraction is required? Which level of harmonization of national approaches is desirable? Is it conceivable to combine public and private norm setting and enforcement initiatives? How much room should be provided for self-regulation?

With the morning sessions laying groundwork for a more detailed problem analysis, it becomes possible to focus on individual developments at the crossroads of law and technology in parallel afternoon sessions: from liability risks evolving from driverless cars, privacy issues surrounding the recording of private use and consumption patterns as a result of the internet of things, the hidden control of borders through digital data exchange in the first series of parallel sessions to changes in notary services based on digital applications, the reconsideration of intellectual property norms in the light of 3D printing and the involvement of Internet services providers in law enforcement in the second series of parallel sessions.

Bringing together the results of the discussion, the final roundtable of session chairs will yield deeper insights into the interaction between law and technology, the role and impact of public and private regulation and, ultimately, the chances of governance in the digital era.

Certificates
5 Credit points ‘Netherlands Bar Association’ (NOVA)
5 Credit points ‘Flemish Bar Association (OVB) ex article 2, sub 2, third sentence ‘Reglement’.

Venue
West Indisch Huis, Herenmarkt 99, Amsterdam.
Close to Amsterdam Central Station; via maps.google.com

Registration fees
€   50,00 NILG Members and students; pick ‘Prijs Anders’
€ 350,00 Sponsors
€   95,00 Judiciary, academic personnel, government (ministeries and other governmental institutions)
€ 395,00 All others / per person
Fees include lunch, coffee/tea and documents provided. Excluding VAT (21%).

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