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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 lead in identifying
and solving legal issues in science and technology. Through four 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, cloud computing, e-discovery and information governance,
healthcare, the arts, space law, and even the law of virtual worlds – to name only some of the
issues covered.
The Section brings together leading experts and practitioners, including lawyers, technology
experts and scientists, judges, business leaders, government executives, and policy-makers to
address issues at the intersection of science, technology and law. We published the defining
book on digital signatures, explored the mobile transformation that is changing the way the
world communicates and does business, providing the critical information lawyers must have to
make sense of the complex scientific and technology developments affecting industries and
government globally.
It’s A Jungle Out There
During the 2013-2014 bar year, the Section of Science & Technology Law explores the
opportunities, challenges and risks of the ever changing science and technology law landscape
and focus on the related legal implications. Our theme for FY14 is “It’s A Jungle Out There…
Let SciTech Be Your Guide,” and we reinforce lawyers’ roles in mitigating the pervasive risks
faced by clients and lawyers. Over the course of the year, we will present thought-provoking
educational programs to give members the information and tools to navigate the “jungle”
successfully. SciTech leaders are teachers within the ABA, presenting valuable programs on
cutting-edge issues at the ABA Annual Meeting each year, as well as hosting frequent
teleconferences, committee brown bags and in-person meetings.
Two New SciTech Substantive Committees established in FY2014
Big Data Committee
Big Data is defined as data of sufficient volume or complexity that it exceeds the capability
of conventional software, hardware or methodology to process or analyze it in conventional
ways. Practitioners use “Data analytics” to pick up where conventional types of data analysis
leave off. This committee is developing resources and best practices for the legal profession
to address the challenges posed by Big Data.
Data Property Rights
This committee examines legal issues pertaining to the “ownership” of personal information by
persons and businesses, ranging from consideration of what it means to “own” personal
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information to what happens to personal information after one’s death. This also may address
certain other new forms of intellectual property owned by individuals.
Substantive Divisions continue to thrive
The committees in the Security, Privacy and Information Law Division address information
security and privacy issues that are on the world stage and continue to be on center stage this
year in the ABA. Lawyers must understand the implications for their practices and the business
operations of their clients in order to avoid potentially devastating consequences of data breaches
and their aftermath – identity theft, fraud, business disruption, negative publicity, and even
bankruptcy. The adoption by the ABA House of Delegates of the Ethics 20/20 model rules
reminds lawyers that in the information age they are obligated to protect confidential client
information, including the electronic records they create or obtain from clients. SciTech has
been leading the profession in addressing information security since 1995. We are working to
provide the tools lawyers need to fulfill their ethical obligations and ensure that their law firms
and clients maintain secure information systems.
The Life and Physical Sciences Division’s Medical Devices and Food Cosmetics and
Nutraceuticals committees, established in FY2013, continue to thrive and complement the
longstanding committees that address issues related to behavioral and neuroscience law,
biotechnology law, nanotechnology, rights and responsibilities of scientists and scientific
evidence.
The e-Commerce and Interdisciplinary Divisions explore critical developments in space, health
care, virtual worlds, museums and the arts, robotics and artificial intelligence, drones, digital
media, international e-commerce, and more.
Section Membership
As of October 2013, SciTech’s membership of 10,742 includes 4,523 lawyers, 370 associates
and law 5,849 law students. Our Membership and Diversity Committee, recruitment and
retention campaigns for this year emphasize both ABA and SciTech member value. Additional
initiatives are listed below.
SciTech is working with the Membership Division to launch a group billing campaign to
strategically recruit and retain more members for the ABA and SciTech.
Quarterly recruitment campaigns target ABA members with a practice type affinity for SciTech
who do not already belong to a Section. This year’s campaigns target (1) cybersecurity
practitioners; (2) ABA members with a relevant practice type who would help diversify our
membership, (3) international members of the ABA and (4) science practitioners, which will
overlap with health law practitioners.
Similarly, we offered a free-to-SciTech membership for ABA Health Law members to kick off
the bar year. That was in conjunction with two free-to-members programs we jointly cosponsored with ABA Health Law, since there is a high overlap with our membership. One
additional free-to-members program this year will focus on life and physical sciences. It will
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help reinforce value to this pool of new members to retain them.
SciTech sent a first quarter message to every ABA accredited law school career placement office
to reinforce the value of ABA and our Section membership. It included valuable job search and
business development resources. We geared the resources especially toward graduating students
who we hope to convert to paying lawyer members.
Quarterly retention messages were sent to all Section members to reinforce the Section’s value.
Members receive a sample chapter from a recently published book, notification of upcoming
member benefit (free) programs, a schedule for Section fee-based) programs, and links to other
relevant and timely resources.
The Section continues to host cybersecurity “Think Outside the Box Lunch” programs in
Washington, DC. These programs are designed to foster law student and young lawyer
engagement. Our first goal is to recruit new members and then to retain them. It is an
opportunity to reinforce our value through educational and networking opportunities for young
lawyers and law students.
Diversity
The Section’s Membership and Diversity (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. SciTech strives to be inclusive on every level, including leadership
appointments, program faculty, and publication authors.
Strategic Planning
The Section will update its strategic plan this bar year during a leadership retreat in conjunction
with the ABA Midyear Meeting to reflect the current economic conditions, science and
technology law landscape and ABA strategy to increase non-dues revenue through the ABAction
Initiative.
Section Publications
Book Publishing Program
Our Book Publishing Board continues to develop new titles and recruit new authors. The
Section currently has a number of books in production, including; Biotechnology and the Law
2nd edition, Medicine for Lawyers, Unmanned Flight, Standards Development Patent Policy
Manual 2nd edition, A Guide to HIPAA Security and the Law, 2nd edition, A Legal Guide to
Mobile Device Management, Managing Bring Your Own Device (BYOD) and Employer-Issued
Device Programs 2nd Edition and Foundations of Digital Evidence, 2nd Edition.
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 fall edition of The SciTech Lawyer, entitled “Can
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the Courts Understand Science?” included articles on cognitive biases, the use and misuse of
genetic data, and two articles on the Prometheus Decision. It also introduced a new monthly
feature spotlighting membership and diversity (MAD) issues in a column entitled “It’s A MAD
World: Membership and Diversity with a SciTech Edge.” The winter edition focuses on Digital
Medicine. The magazine’s website platform continues to enhance the visual presentation of the
magazine, which is especially significant for the electronic-only student members.
Jurimetrics
The Section publishes 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. Articles
submitted are vetted by an anonymous peer review process, 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. A working group reviewed the publication
and relationship with ASU and is working with the ASU staff to make the publication more
appealing to members and to engage more members in writing and reviewing articles.
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.
Committee Newsletters and e-blurbs
A growing number of the Section’s committees offer newsletters and regular e-blurbs. We have
found that student members are effective e-blurb newsletter editors, a task that allows students to
have an active, productive role in Section activities and gain contacts with more experienced
committee members. This also helps, we believe, in student-member retention. The newsletters
and e-blurbs provide timely, subject-specific information that adds value to committee and
Section membership.
Educational Programs
The Section has begun working with the ABA Center for Professional Development to develop
courses to be included in an ABAction Initiative to create a Cybersecurity Certificate Program
that should increase non-dues revenue for the Section and serve as a model for other ABA
entities. It is anticipated that at least two courses presented this fall will be included in that
curriculum: Cybersecurity 101: Legal Obligations of Every Business to Provide Data Security
and Hot Topics in Cybersecurity Law. We understand that this Certificate Program is now on
hold at the greater ABA, but we intend to continue designing and identifying programs to build
member knowledge in this important and developing area of law.
SciTech actively sponsors and co-sponsors many programs throughout the bar year. We are
once again offering two members-benefit teleconferences this year. They are both practice
oriented and geared toward younger lawyers. Bring Your Own Device Issues, Answers &
Policies was held on January 14. The second program will be held in the spring. The goal of this
programming is to reinforce member value, retain members and recruit new members.
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CLE Teleconferences and Live Conferences
SciTech has sponsored the following teleconferences and CLE programs this bar year.
September 19 Biosimilars and The BPCI Act: Where Are We Now and Where Are We Going?
CLE Teleconference
September 24 The Cyber Insurance Market and Risk Allocation: Evolving Solutions for
Escalating Security Risk in Cyberspace. Brown Bag. Live in person and Teleconference.
October 29
Hot Topics in Cybersecurity Law . Live CLE Teleconference
November 5 Cybersecurity 101: Legal Obligations of Every Business to Provide Data Security.
Live CLE Teleconference.
November 7 Cyber on the Hill: Congressional Cybersecurity Oversight, Legislation &
Initiatives for 2013 . Brown Bag. Live in Person and Teleconference.
December 5 Going on the Cyber Offensive: Legal Frontiers and Practical Risks of Defense &
Cyber Operations. Brown Bag Live in Person and Teleconference.
December 8 2013 Health Information Management Systems Society (HIMSS) mHealth
Summit. Nine law track programs related to health, technology and law. Live Program in
Washington, DC.
January 14
Bring Your Own Device Issues, Answers & Policies Free Membership Benefit
Brown Bag Teleconference
January 28-31, 2014 Information Governance, Electronic Discovery and Digital Evidence
National Institute Live/in Person CLE Conference
SciTech Leadership and Policy Advisors
SciTech leaders serve on a variety of ABA Standing and Special Committees and Task Forces.
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Afia Asamoah
Ruth Hill Bro
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Jorge Contreras
Ellen Flannery
Bonnie Fought
Ray Ocampo
Ray Ocampo
Heather Rafter
Lucy Thomson
Lucy Thomson
Jody Westby
Jody Westby
Steve Wu
Special Committee on Bioethics and the Law member
Chair, Standing Committee on Technology and Information
Systems (SCOTIS)
Standing Committee on CLE member
Standing Committee on the Federal Judiciary member
Standing Committee on Publishing Oversight member
ABA Journal editorial board member
Legal Opportunity Fundraising Committee
Standing Committee on Continuing Legal Education
Standing Committee on the Law Library of Congress member
ABA Cybersecurity Legal Task Force member
ABA Cybersecurity Legal Task Force member
Chair, Critical Infrastructure Response Project
SCOTIS member
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Section representatives serve on and/or actively advise ABA and U.S. Delegations to the United
Nations (UN) Commission on International Trade Law (UNCITRAL), the U.N. Economic and
Social Commission for Asia and the Pacific (ESCAP), Governing Board of the International
Organization for the Unification of Private Law (UNIDROIT), U.S. Technical Advisory Group
(US TAG) for the UN Centre for Trade Facilitation and Electronic Business, U.S. Delegation to
the Asia-Pacific Economic Cooperation (APEC), Uniform Law Commission (ULC), United
Nations Network of Experts (UNNExT) on Paperless Trade for Asia-Pacific , UNNExT at the
UN Economic Commission for Europe (UN/ECE), National Council of Lawyers and Scientists
(NCLS), the American Association for the Advancement of Science(AAAS) and the World
Summit on the Information Society (WSIS).
Respectfully submitted
Eileen Smith Ewing, Secretary
Hugh B. Wellons, Chair
February 2014