Continuing Education Information Sheet

• Identify the elements commonly used to define surveillance and electronic surveillance, including the role of consent and awareness.
• Distinguish between commercial surveillance, government surveillance, and government purchase of commercially collected data.
• Describe categories of sensitive data that have received distinct treatment under state privacy laws, such as health, reproductive, and ethnic origin data.
• Compare the U.S. consent framework for personal data with the consent-based approach under Article 6 of the GDPR.
• Explain the basis and current status of the FTC's Advance Notice of Proposed Rulemaking on Commercial Surveillance and Data Security.
• Discuss the unresolved issues affecting prospects for a federal data security and privacy law, including private right of action, preemption, and FTC rulemaking authority.

Intended audience: Privacy and cybersecurity lawyers, in-house counsel, compliance professionals, and technologists who work on data collection, surveillance technology, or regulatory risk.

Level: beginner

Prerequisites: None.

• Daniel B. Garrie, Founder, Law & Forensics; Neutral at JAMS; Faculty at Harvard

  Daniel B. Garrie is the founder and executive managing partner of Law & Forensics LLC, a boutique cybersecurity and forensic engineering firm he co-founded in 2008. He serves as a neutral, arbitrator, and forensic special master at JAMS, focusing on cybersecurity, cryptocurrency, and complex technology disputes, and holds faculty appointments at Harvard and Rutgers Law School. A patented software inventor and prolific author, he is editor-in-chief of the Journal of Law & Cyber Warfare and a widely cited authority on computer forensics, eDiscovery, and cyber litigation.

• Wayne Matus, Co-Founder, SafeGuard Privacy

  Wayne Matus is a co-founder of SafeGuard Privacy, a privacy compliance software company he started with Richy Glassberg, and has served as its executive vice president and general counsel. His work covers data protection compliance and vendor privacy diligence for the digital advertising and media industries, including the company's Vendor Compliance Hub platform. He previously served as managing director of compliance globally at UBS, where he took on the bank's GDPR obligations; earlier he was a partner in a global law firm in the 1990s and co-founded the privacy practice at the oldest law firm in California. At Legal Cyber Academy he teaches on GDPR liability.

• Aaron Tantleff, Partner, Foley & Lardner LLP

  Aaron K. Tantleff is a partner at Foley & Lardner LLP in Chicago, in the firm's Technology Transactions, Cybersecurity, and Privacy practice. He advises companies on privacy, data security and information management, including compliance policies and programs, cybersecurity breach preparation and incident response, technology licensing and outsourcing transactions. Before joining Foley he was global director of intellectual property at a NASDAQ-listed information technology and software company and acting associate general counsel at an NYSE-listed global information technology and management consulting company; he also teaches transactional intellectual property law as an adjunct professor at Loyola University Chicago School of Law. He holds a J.D. from Chicago-Kent College of Law and the CIPP/E certification. At Legal Cyber Academy, Aaron Tantleff teaches on the FTC, privacy, and data surveillance.

• Cory Simpson, Founder and CEO, Gray Space Strategies, Inc.

  Cory Simpson is the founder and CEO of Gray Space Strategies, Inc., a professional services and strategic advisory firm based in Washington, D.C. He has over twenty years of experience across government, the military and the private sector, assisting clients in navigating the U.S. government, emerging technology markets, the cybersecurity ecosystem and national security. Before founding Gray Space Strategies he was a managing director at Ankura and an executive vice president at Resolute Strategic Services. He served on active duty in the Army Judge Advocate General's Corps from 2004 to 2016, spending most of that career as a general counsel in the special operations and airborne communities, a prosecutor and a national security law advisor, and he continues to serve in the Army Reserve as a legal advisor to the U.S. Army Cyber Command. He is a senior advisor to the Cyberspace Solarium Commission (CSC 2.0) and an adjunct senior fellow with the Technology and National Security Program at the Center for a New American Security. At Legal Cyber Academy, Cory Simpson teaches on cybersecurity executive orders and ransomware risk.

Legal Cyber Academy is not an accredited provider; the notes below explain how a learner may self-submit this activity where their board permits. The pathways shown reflect this course’s subject matter. Always confirm your board’s current rules.

• Healthcare-relevant subject matter — physicians may self-claim AMA PRA Category 2 Credit™ where the activity is relevant to their practice.
• Addresses legal ethics / professional responsibility — may qualify for ethics-specialty CLE where your jurisdiction recognizes it.

• CLE (attorneys)up to 1.0 hr (60-min basis)

  Many U.S. jurisdictions let an attorney apply for CLE credit for a non-accredited program (often called individual attorney or self-application). Use this certificate plus the course Information Sheet as your supporting documentation. Your state bar or CLE board decides whether credit is granted, how much, and any self-study cap.

• CE / CPD (privacy, insurance, IT)up to 1.0 hr (60-min basis)

  Where your professional body recognizes self-reported or self-directed learning (CPD) — for example many privacy (CIPP/CIPM) and security certifications — record this activity using the certificate and Information Sheet. Confirm your program's self-reporting rules and any documentation it requires.

• CME — AMA PRA Category 2up to 1.0 hr (60-min basis)

  Physicians may self-document relevant activities as AMA PRA Category 2 Credit™, which you claim yourself based on participation. This course is NOT certified for AMA PRA Category 1 Credit™ — Category 1 requires an ACCME-accredited provider, which Legal Cyber Academy is not.