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AMERICAN BAR ASSOCIATION
SECTION OF SCIENCE & TECHNOLOGY LAW
INFORMATIONAL REPORT TO THE HOUSE OF DELEGATES
Since 1974, the ABA Section of Science & Technology Law (SciTech) has been at the forefront
of legal issues in science and technology. Through five divisions and 28 substantive committees,
SciTech leaders provide educational programs on a broad range of cutting-edge issues affecting
information security, privacy, e-commerce, cloud computing, life sciences, nanotechnology,
climate change, e-discovery and information governance, healthcare, the arts, space law, and
even the law of virtual worlds – to name only a few.
The Section seeks to bring together leading experts and practitioners, including lawyers,
technology experts and scientists, judges, business leaders, government executives, and policymakers to address issues at the intersection of science, technology and law. From publishing the
defining book on digital signatures to exploring the mobile transformation that is changing the
way the world communicates and does business, SciTech is there to provide the critical
information lawyers must have to make sense of the complex scientific and technology
developments affecting industries and government globally.
Section Membership
As of May 31, 2013, SciTech had a membership of 9,968 including 4,284 lawyers, 325
associates and 5,359 law students.
SciTech is focused on enhancing member value and overall service experience. In addition to
offering two free-to-members teleconferences this bar year, the Section provided four selected
chapters from new SciTech books (delivered via e-mail). Our Membership and Diversity
(MAD) Committee continues to focus on providing information and tools to improve the
knowledge and skills of younger lawyers who are the most susceptible to leave the ABA and
thus drop their Section membership. Additionally, our “Stand Out” campaign continues to
identify and provide meaningful volunteer opportunities to members, especially young lawyers
and law students, that can enhance their skills and resumes through leadership roles (e.g. social
media or website contributor) while simultaneously helping to deliver more member benefits.
“The Stand Out” initiative also facilitates networking among our newer members and more
established leaders.
SciTech continues to host its Think Outside the Box Lunch series, featuring box lunches, outsidethe-box thinking, and a chance to get outside the office to network and share insights with other
forward-thinking practitioners. This series is hosted in cities with major concentrations of
SciTech members to provide opportunities for in-person events. Since the ABA Midyear
Meeting, the Section has hosted two luncheons/teleconferences in Washington, DC. There are
plans to expand to other cities in FY2014.
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Diversity
The Section’s MAD Committee helps advance the diversity and inclusion goals of both the ABA
and SciTech. Diversity has long been a part of what makes SciTech notable, and our numbers
continue to reflect that. SciTech leadership is one of the most diverse in the ABA, and its
diversity increased this year among the committee chairs. SciTech strives to be inclusive on
every level, including leadership appointments, program faculty, and publication authors.
The Section participated in the Joint Exhibit Program to increase the Section’s exposure at the
nation’s four largest gatherings of diverse lawyers. The Section’s Diversity Plan promotes full
and equal participation in the association, the profession, and the justice system by all persons.
The MAD Committee enthusiastically embraces the principle of diversity and acts as the
champion of these issues on behalf of the Section.
Strategic Planning
The Section continues to work towards the goals identified during its 2008 strategic planning
sessions. This year, the Section has focused on implementing a number of strategies, including
improving member communications, repurposing content (so that members can access the
information they want, when they want it, in a variety of formats) and adding professional
development resources. The Section is tracking the results of these projects to determine if they
are meeting the goals set during the planning sessions.
Section Publications
Book Publishing Program
The Section has had a banner year with the publication of six books on cutting-edge topics in
science and technology law:
1. Bioinformatics Law: Legal Issues for Computational Biology in the Post Genome Era
2. Scientific Evidence Review # 9: Admissibility and Use of Expert Evidence in the
Courtroom
3. Health Care IT Handbook; The Essential Lawyer’s Guide o Health Care Information
Technology and the Law
4. A Legal Guide to Enterprise Mobile Devices Management: Managing Bring You Own
Device (BYOD)
5. Legal Guide to Botnet Research
6. Legal Guide to Cybersecurity Research
Our Book Publishing Board continues to encourage and work with members and committees to
develop new titles and recruit new authors.
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The SciTech Lawyer
The Section’s quarterly flagship publication, The SciTech Lawyer, continues to thrive, providing
varied and interesting substantive content to members in an attractive and professionally printed
format. The SciTech Lawyer also includes regular updates on Section committees, committee
announcements, and news about projects. The magazine’s new website platform enhances the
visual presentation of the magazine, especially for the electronic-only student members. The
magazine’s website has a searchable archive and allows non-members to purchase articles
through the webstore. The magazine is also being offered in e-pub format for use on notebooks
and mobile devices. Themes this year were: GMOs, Gene Patents & Bioprospecting (Fall 2012);
The Mobile Transformation (Special Double Edition Winter/Spring 2013) and Mobile Data
Privacy and Security (Summer 2013).
http://www.americanbar.org/publications/scitech_lawyer/2013.html
Jurimetrics
Since 1959, the Section has published Jurimetrics, a quarterly academic law journal, in
conjunction with the Center for the Study of Law, Science, and Technology of the Arizona State
University College of Law. Jurimetrics publishes articles relating to law, science, and
technology. An anonymous peer review process is followed to vet articles submitted, and those
selected for publication are edited by a board of student and professional editors. The journal is
provided electronically to all members and in hard copy to paid subscribers.
http://www2.americanbar.org/periodicals/jurimetrics/Pages/default.aspx
The Section formed a working group to review the efficacy of the relationship with ASU and the
relevancy of journal content to SciTech members to determine ways to enhance the relationship
and increase member benefits. The findings of the Working Group will be shared at the Section
Council Meeting at the ABA Annual Meeting in San Francisco.
SciTech e-Merging News
The Section’s electronic newsletter features a combination of substantive articles, Section news
and member updates in an easy-to-read and graphically appealing format. The e-newsletter is
sent to all Section members on a quarterly basis.
New Committees
The Medical Devices and Food, Cosmetics and Nutraceuticals Committees are headed by
energetic new leaders in the section. Both committees established their mission and goals, built
a strong membership base, created a web and social media presence, hosted regular conference
calls including industry speakers and are developing CLE programming.
Committee Newsletters and e-blurbs
A growing number of the Section’s committees are offering committee newsletters and regular eblurbs. The Section has found that student members are effective e-blurb newsletter editors, a
task that allows students to have an active, productive role in Section activities. The newsletters
and e-blurbs provide timely, subject-specific information that adds value to committee and
Section membership.
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Educational Programs
The Section sponsors CLE Programs developed in cooperation with the ABA Center for
Professional Development and produces its own Brown Bag Sessions. SciTech also co-sponsors
many programs with other Sections and Divisions and outside organizations throughout the bar
year.
The Section continues its tradition of offering two free-to-members benefit teleconferences.
Program registration is free for SciTech and YLD members. The Young Lawyers’ Division cosponsored our first program “Social Media Frontier: Risks, Rewards and Future,” on December
12. The second program, presented in June focused on Cybersecurity Law. The goal of this
programming is to reinforce member value, retain members and recruit new members.
The Section has a growing podcast library, representing various areas of practice. The podcasts,
which are free for members, include audio recordings of committee brownbag programs, CLE
teleconferences, and other in-person programming as well as Resources on How To Develop
Brown Bag and CLE programs.
The following teleconferences and CLE programs were sponsored or co-sponsored by the
Section in 2013.
SciTech Sponsored Programs
January 23-25, 2013
Advanced e-Discovery and Digital Evidence Practitioner’s Workshop
ABA National Institute—Tampa, Florida
February 20, 2013
Information Security, Privacy and the Government Accountability Office: Perspectives on
Risks, Requirements and Emerging Issues in the Public Sector. Live/Teleconference.
Washington DC.
February 25-March 1, 2013.
RSA Conference. CLE Accreditation Sponsor of Law Track. San Francisco, CA
Sessions presented:
 Hot Topics in Information Security Law 2013
 Do We Have the Authority? Legal Issues in Protecting Government Networks
 Social Media in Marketing and the Workplace: Legal & Regulatory Compliance
 Your Honor, It Was Self-Defense—a Mock Trial
 Your Honor, it Was Self-Defense— a Panel Discussion
 Tracking Employees via Mobile Devices - Legal.. or Not?
 Techno-Ethics for Lawyers - How Technology Complicates Ethical Compliance
 E-Discovery: Exploring the Rising Star on Your Risk Horizon
 Banking Fraud: Where is the Liability – With the Customer, Bank or Vendor?
 Cyber Attacks: The Call for Retaliation and the Legal Ramifications
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Practical Advice for Cloud Forensics
Lawyers, Regs and Money: The Breach Has Hit the Fan
How the Constitution Protects your Cell Phone and Laptop Encryption Key
Computer Crime Law** (Not CLE eligible due to program length of 20 minutes)
Data Breach Law Update—Global Trends, Legal Complexities
Everything You Wanted to Know About Cyber Insurance But Were Afraid to Ask
February 26, 2013
Neuroscience and the Law: The Issue of Pain. CLE Webinar.
April 22, 2013
Nano 2013, 11th Annual Nanotechnology/Biotechnology Conference. Live Program .Rensselaer
Polytechnic Institute (RPI), Troy, NY
April 27, 2013
The Future of Law and Neuroscience Live Program. Chicago, .IL
May 7, 2013
Keeping Your Firms and Your Clients' Intellectual Property and Secrets Safe: An in-depth
look at cyber threat and network security countermeasures.
CLE Webinar/Teleconference
May 13-15, 2013
Why Cyber Crime Has Become the Perfect Crime. GovSec Convention and Expo. Washington, DC
June 4, 2013
The Sunshine Act: How to Avoid Getting Burned by Health Care Reform
CLE Webinar/Teleconference.
June 13, 2013
Cyber Security for the Overseas Attorney: Understanding and mitigating the risk to client
information when traveling abroad. CLE Webinar/Teleconference
Brown Bag Sessions
April 17, 2013
Flying Eyes in the Domestic Skies: Balancing Security, Surveillance, and Privacy with the
Amazing New Technologies for Unmanned Aerial Systems
Live with Lunch/Teleconference. Washington DC.
April 25, 2013
Implementation of Satellite Export Control Reform Legislation. Teleconference.
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July 16, 2013
How Hackers Crack your IT Networks and Steal your Secrets: Perspectives from
Penetration and Forensics Experts on Cybersecurity.
Live with Lunch/Teleconference. Washington DC.
Annual Meeting Programming
SciTech Sponsored Programs at Annual Meeting 2013
At the 2013 ABA Annual Meeting, the Section will present seven CLE programs including a
special Day of the Woman Program:
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24/7 Clash of Personal and Professional Lives: How Technology is Blurring the Balance of
Legal and Policy Norms
California Cap-and-Trade Program: State’s New Carbon Trade Program and How It May
Affect the Nation
Cyber Nightmares in the Law Office –Firsthand Experiences in Handling (and Surviving)
Data Security Attacks
Day of the Woman – Need to Know Information from the Women of Cybersecurity
Drones on the Horizon: Legal Issues with UAVs Flying in Domestic Airspace
The Mobile Transformation: The Extraordinary Legal Implications of Billions of Mobile
Devices
Technology, Psychology and Persuasion in the Courtroom: Implications for Cutting Edge
Legal Practice
Co-Sponsored Programs at Annual Meeting 2013
August 9, 2013
Electronic Tribunals and Digital Trials—Visions of the 21st Century Court presented by the
Judicial Division
Solo Day 2013: 90 Tips or More in 90 Minutes presented by the Solo, Small Firm and General
Practice Division (GPSOLO)
August 10, 2013
Challenges of Global Climate Change presented by the Section of International Law
Faster, Better Justice: Cutting Edge Apps for Lawyers presented by the Criminal Justice
Section.
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Other Co-Sponsored Programs
June 20-21, 2013
Eighth Annual Homeland Security Law Institute in Washington, DC. Presented by the
Administrative Law Section. Live Program.
July16-19, 2013
Second Annual Workshop on Road Vehicle Automation. Stanford University. Live
Program.
SciTech Leadership Policy Advisors
SciTech leaders serve on a variety of ABA Standing and Special Committees and Task Forces.
 Ellen Flannery - Standing Committee on the Federal Judiciary
 Lucy Thomson - Standing Committee on the Law Library of Congress
 Bonnie Fought - Standing Committee on Publishing Oversight
 Ruth Hill Bro - Chair, Standing Committee on Technology and Information Systems
(SCOTIS)
 Steve Wu – SCOTIS
 Jorge Contreras - Standing Committee on CLE
 Hugh Wellons - Special Committee on Bioethics and the Law
 Ray Ocampo - ABA Journal Editorial Board
 Lucy Thomson and Jody Westby – ABA Cybersecurity Legal Task Force
 Jody Westby – Chair, Critical Infrastructure Response Project
Section members Richard Field, William J. Luddy, and Thomas Smedinghoff serve on the U.S.
Secretary of State's Advisory Committee for Private International Law. Richard Field is also
currently serving a one year term as an Alternative U.N. ECOSOC Representative, Geneva.
Respectfully submitted
Michael Hawes, Secretary
Lucy Thomson, Chair
August 2013
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