Marc Rotenberg

Last updated
Marc Rotenberg
Marc Rotenberg photo, August 2012.png
BornApril 20, 1960 (1960-04-20) (age 63)
Boston, Massachusetts, U.S.
NationalityAmerican
Education Harvard College
Stanford Law School
Georgetown University Law Center
Occupation(s)President, Center for AI and Digital Policy; adjunct professor of law, Georgetown Law
Known forAI policy, Privacy advocacy, Internet law, chess
Relatives Jonathan Rotenberg (brother)

Marc Rotenberg (born April 20, 1960) is president and founder of the Center for AI and Digital Policy, an independent non-profit organization, incorporated in Washington, D.C. [1] Rotenberg is the editor of The AI Policy Sourcebook, [2] a member of the OECD Expert Group on AI, and helped draft the Universal Guidelines for AI. [3] He teaches the GDPR and privacy law at Georgetown Law and is coauthor of Privacy Law and Society (West Academic 2016) and The Privacy Law Sourcebook (2020). Rotenberg is a founding board member and former chair of the Public Interest Registry, which manages the .ORG domain.

Contents

Center for AI and Digital Policy

The Center for AI and Digital Policy (CAIDP) aims to promote a better society, more fair, more just — "a world where technology promotes broad social inclusion based on fundamental rights, democratic institutions, and the rule of law." CAIDP began as a project of the Michael Dukakis Institute. CAIDP has provided AI policy advice to many organizations around the world, including the African Commission on Human and Peoples' Rights, the American Law Institute, the Council of Europe Committee on AI, the Club de Madrid, the European Commission and the European Parliament, the European Law Institute, the G7 and the G20, the Global Partnership on AI, the Government of Colombia, the National Security Commission on AI (US), the National AI Advisory Committee (US), the Organization of American States, the US Office of Science and Technology Policy, and many others.

In 2020, CAIDP published "Artificial Intelligence and Democratic Values," the first comparative review of national AI policies and practices. [4] CAIDP also began publication of the CAIDP Update, [5] and hosting monthly Conversations with AI policy experts, authors, and artists. In 2021, CAIDP launched the first AI policy clinic and issued certificates to a dozen participants who completed a course in AI policy analysis.

By the Spring of 2024, CAIDP had established a research network of more than 1,100 participants in 100 countries. There were over 1,200 applicants to the Spring 2024 AI Policy Group. The 2023 Artificial Intelligence and Democratic Values Index covered 75 countries and ran over 1,200 pages. [6] There are now more than 51,000 subscribers to the weekly CAIDP Update and 43,000 followers on LinkedIn. According to LinkedIn, CAIDP ranked behind only the Stanford Institute for Human-Centered AI among the leading AI Policy organizations in the world. [7] . CAIDP is establishing regional hubs and planning new offices in Europe and Asia.

EPIC

Marc Rotenberg was president and executive director of the Electronic Privacy Information Center (EPIC), an independent, public interest research center in Washington, D.C., which he co-founded in 1994. EPIC was involved with a wide range of civil liberties, consumer protection, and human rights issues. EPIC pursued several successful consumer privacy complaints with the US Federal Trade Commission, concerning Uber (collection of location data), Snapchat (faulty privacy technology), WhatsApp (revised privacy policy after acquisition by Facebook), Facebook (changes in user privacy settings), Google (roll-out of Google Buzz), Microsoft (Hailstorm log-in), and Choicepoint (sale of personal information to identity thieves). EPIC prevailed in significant Freedom of Information Act cases against the CIA, the DHS, the Dept. of Education, the FBI, the NSA, the ODNI, and the TSA. [8] EPIC filed many "friend of the court" briefs on law and technology, including Riley v. California (U.S. 2014)(concerning cell phone privacy), and litigated important privacy cases, including EPIC v. DHS (D.C. Cir. 2011), which led to the removal of the x-ray body scanners in US airports, and EPIC v. NSA (D.C. Cir. 2014), which led to the release of the NSA's formerly secret cybersecurity authority. EPIC also challenged the NSA's domestic surveillance program in a petition to the US Supreme Court, In re EPIC (U.S. 2013), after the release of the "Verizon Order" in June 2013. [9] One of EPIC's cases concerned the obligation of the Federal Aviation Administration to establish privacy regulations prior to the deployment of commercial drones in the United States. EPIC v. FAA (D.C. Cir. 2016). [10]

In 2017, EPIC launched a project on Democracy and Cybersecurity to determine the extent of Russian interference with the 2016 Presidential election and to prevent future attacks on democratic institutions. [11] EPIC pursued four Freedom of Information Act lawsuits. In EPIC v. ODNI, EPIC sought the public release of the report of the Intelligence Community on the Russian interference with the 2016 election. In EPIC v. FBI, EPIC sought records concerning the Bureau's response to an attack by a foreign government on the political institutions of the United States. In EPIC v. IRS, EPIC sought the release of Donald Trump's tax returns. In EPIC v. DHS, EPIC helped determine the role of DHS in election integrity. At the 2017 EPIC Champion of Freedom Awards Dinner in Washington, DC, EPIC honored former world chess champion, author, and human rights advocate Garry Kasparov [12] In EPIC v. Presidential Advisory Commission on Election Integrity [13] EPIC successfully blocked the "Kobach Commission" from obtaining state voter data. EPIC charged that the Commission had failed to undertake a privacy impact assessment, required by law. Exactly six months after EPIC filed suit, the Commission was disbanded. Under court order resulting from EPIC's case, the White House subsequently deleted the voter data that was wrongfully obtained.

Marc was forced out of his position at EPIC. Marc filed suit against EPIC in DC Superior Court and received a settlement. Marc subsequently filed a 76-page complaint in Federal District Court against The Protocol and POLITICO, the parent company. [14] In support of his claims, he cited an opinion of future Supreme Court Justice Kentanji Brown Jackson. In October 2021, POLITICO was sold to Axel Springer. In November 2022, the Protocol was shuttered. In March 2023, a federal court dismissed the case.

Advisory panels

Marc Rotenberg has served on many national and international advisory panels, including the expert panels on Cryptography Policy and Computer Security for the OECD, the Legal Experts on Cyberspace Law for UNESCO, and the Countering Spam program of the ITU. He is a former chair of the ABA Committee on Privacy and Information Protection. He is a member of the International Working Group on Data Protection in Telecommunications, the FREE Group (European Area of Freedom Security & Justice), and other organizations dedicated to the protection of fundamental rights.

In 2021, Rotenberg was named to the Reference Panel of the Global Privacy Assembly (the global network of privacy officials and experts) and the CAHAI (the AI expert panel of the Council of Europe). In May, he was shortlisted (#2) for the post of UN Special Rapporteur for the Right to Privacy. In June, he received the ACM Policy Award for “long-standing high impact leadership on privacy and technology policy.” [15] In December, Rotenberg was named as an expert for the Global Partnership on AI for a three-year term and also a Fulbright Specialist for a four-year term. Marc was recently named to expert panels for the Center for European Policy Studies (EU-US data flows), the OECD (AI, privacy, and data protection), and the Carnegie Council for Ethics in International Affairs.

Support for Civil Society

Marc Rotenberg has helped establish several organizations that promote public understanding of computer technology and encourage civil society participation in decisions concerning the future of the Internet. These include the Public Interest Computer Association (1983), [16] Computer Professionals for Social Responsibility (1985), the conference on Computers, Freedom, and Privacy (1991), [17] the Public Voice Coalition (1996), the Public Interest Registry (2003), the Civil Society Information Society Advisory Council to the OECD (CSISAC) (2009), [18] and the EPIC Public Voice Fund (2018).

Publications

Marc Rotenberg is co-editor of Privacy in the Modern Age: The Search for Solutions (The New Press 2015), a collection of articles on the future of privacy. [19] Other books include The Privacy Law Sourcebook: United States Law, International Law, and Recent Developments (EPIC 2020), [20] Privacy and Human Rights: An International Survey of Privacy Laws and Developments (EPIC 2006), Litigation Under the Federal Open Government Laws (EPIC 2010), Information Privacy Law (Aspen Publishing 2007) and "Privacy and Technology: The New Frontier" (MIT Press 1999). Rotenberg has also published articles and commentaries in legal, technical, and popular journals, including the ACS Supreme Court Review, Communications of the ACM, Computers & Society, CNN, Costco Connect, the Duke Law Journal, the Economist, the European Data Protection Review, The Financial Times, Fortune, the Indiana Law Review, the Harvard Business Review, the Harvard Journal of Law and Public Policy, the Harvard International Review, Issues in Science and Technology, the Japan Economic Forum, the Minnesota Law Review, Newsweek, Scientific American, the Stanford Technology Law Review, Techonomy, and USA Today, among others.

Education and honors

Marc is a graduate of Harvard College and Stanford Law School, and received an LL.M. in international and comparative law from Georgetown Law. At Harvard, he was a founding editor of the Harvard International Review and a head teaching fellow in computer science. At Stanford he was an articles editor of the Stanford Law Review and president of the Stanford Public Interest Law Foundation. He was also the research assistant to A. Leon Higginbotham Jr., when the Judge and former FTC Commissioner (the first African American appointed as a commissioner on any regulatory commission) was a visiting professor at Stanford Law School. He served as counsel to Senator Patrick J. Leahy on the Senate Judiciary Committee after graduation from law school. He is a Life Fellow of the American Bar Foundation, a Life Member of the Council on Foreign Relations, a Sustaining Member of the European Law Institute, and the recipient of several awards, including the Norbert Wiener Award for Social and Professional Responsibility, the American Lawyer Top Lawyers Under 45, and the Vicennial Medal (2012) for distinguished service from Georgetown University. He was included in the "Lawdragon 500", a listing of the leading lawyers in America, and received the ABA Cyberspace Law Excellence Award, the World Technology Award for Law, and the Berkeley Center for Law and Technology Award for Outstanding Contribution to Law and Technology.

Personal

Marc Rotenberg grew up in Boston, Massachusetts. His brother Jonathan Rotenberg founded the Boston Computer Society at age 13. Marc is married to Anna Markopoulos Rotenberg, a former economist and now ESL teacher in the District of Columbia and Alexandria Public Schools. A tournament chess player, Marc is a three-time Washington, D.C., chess Champion (2007, 2008, 2010) and works to promote chess in the DC public schools in cooperation with the US Chess Center, ChessGirlsDC, and the newly established DC Chess Association. [21] Rotenberg is also a licensed US Coast Guard captain.

Related Research Articles

The Electronic Privacy Information Center (EPIC) is an independent nonprofit research center established in 1994 to protect privacy, freedom of expression, and democratic values in the information age. Based in Washington, D.C., their mission is to "secure the fundamental right to privacy in the digital age for all people through advocacy, research, and litigation."

The right to privacy is an element of various legal traditions that intends to restrain governmental and private actions that threaten the privacy of individuals. Over 150 national constitutions mention the right to privacy. On 10 December 1948, the United Nations General Assembly adopted the Universal Declaration of Human Rights (UDHR), originally written to guarantee individual rights of everyone everywhere; while right to privacy does not appear in the document, many interpret this through Article 12, which states: "No one shall be subjected to arbitrary interference with his privacy, family, home or correspondence, nor to attacks upon his honour and reputation. Everyone has the right to the protection of the law against such interference or attacks."

Computer Professionals for Social Responsibility (CPSR) was a global organization promoting the responsible use of computer technology. CPSR was incorporated in 1983 following discussions and organizing that began in 1981. It educated policymakers and the public on a wide range of issues. CPSR incubated numerous projects such as Privaterra, the Public Sphere Project, the Electronic Privacy Information Center, the 21st Century Project, the Civil Society Project, and the Computers, Freedom and Privacy Conference. Founded by U.S. computer scientists at Stanford University and Xerox PARC, CPSR had members in over 30 countries on six continents. CPSR was a non-profit 501.c.3 organization registered in California.

Center for Democracy & Technology (CDT) is a Washington, D.C.–based 501(c)(3) nonprofit organisation that advocates for digital rights and freedom of expression. CDT seeks to promote legislation that enables individuals to use the internet for purposes of well-intent, while at the same time reducing its potential for harm. It advocates for transparency, accountability, and limiting the collection of personal information.

<span class="mw-page-title-main">Privacy International</span>

Privacy International (PI) is a UK-based registered charity that defends and promotes the right to privacy across the world. First formed in 1990, registered as a non-profit company in 2002 and as a charity in 2012, PI is based in London. Its current executive director, since 2012, is Dr Gus Hosein.

A privacy policy is a statement or legal document that discloses some or all of the ways a party gathers, uses, discloses, and manages a customer or client's data. Personal information can be anything that can be used to identify an individual, not limited to the person's name, address, date of birth, marital status, contact information, ID issue, and expiry date, financial records, credit information, medical history, where one travels, and intentions to acquire goods and services. In the case of a business, it is often a statement that declares a party's policy on how it collects, stores, and releases personal information it collects. It informs the client what specific information is collected, and whether it is kept confidential, shared with partners, or sold to other firms or enterprises. Privacy policies typically represent a broader, more generalized treatment, as opposed to data use statements, which tend to be more detailed and specific.

<span class="mw-page-title-main">Computers, Freedom and Privacy Conference</span> Annual academic conference

The Computers, Freedom and Privacy Conference is an annual academic conference held in the United States or Canada about the intersection of computer technology, freedom, and privacy issues. The conference was founded in 1991, and since at least 1999, it has been organized under the aegis of the Association for Computing Machinery. It was originally sponsored by CPSR.

<span class="mw-page-title-main">Hugo Teufel III</span> American lawyer

Hugo Teufel III is an American lawyer and former government official.

<span class="mw-page-title-main">European Digital Rights</span> Advocacy group

European Digital Rights is an international advocacy group headquartered in Brussels, Belgium. EDRi is a network collective of non-profit organizations (NGO), experts, advocates and academics working to defend and advance digital rights across the continent. As of October 2022, EDRi is made of more than 40 NGOs, as well as experts, advocates and academics from all across Europe.

<span class="mw-page-title-main">Stewart Baker</span>

Stewart Abercrombie Baker was the first Assistant Secretary for Policy at the United States Department of Homeland Security under the Presidency of George W. Bush.

K. A. (Kim) Taipale is an American investor, legal scholar, and social theorist specializing in information, technology, and national security policy. He is a partner in Stilwell Holding, a private investment firm, and the former chairman of the executive committee of Kobra International Ltd. He is also the founder and executive director of the Stilwell Center for Advanced Studies in Science and Technology Policy, a private, nonpartisan research organization, and a director of the Stilwell Charitable Fund. He was previously an investment banker at Lazard Freres & Co. and a lawyer at Davis Polk & Wardwell.

The United States Commission's fair information practice principles (FIPPs) are guidelines that represent widely accepted concepts concerning fair information practice in an electronic marketplace.

Carla Meninsky is a former video game designer and programmer active during the early years of the Atari VCS. Along with Carol Shaw, Meninsky was one of three female engineers at Atari, Inc. to develop video game cartridges. She later became an intellectual property lawyer.

Presidential Policy Directive 20 (PPD-20), provides a framework for U.S. cybersecurity by establishing principles and processes. Signed by President Barack Obama in October 2012, this directive supersedes National Security Presidential Directive NSPD-38. Integrating cyber tools with those of national security, the directive complements NSPD-54/Homeland Security Presidential Directive HSPD-23.

<span class="mw-page-title-main">Jonathan Mayer</span> American computer scientist and lawyer

Jonathan Mayer is an American computer scientist and lawyer. He is an Assistant Professor of Computer Science and Public Affairs at Princeton University affiliated with the Center for Information Technology Policy, and was previously a PhD student in computer science at Stanford University and a fellow at the Center for Internet and Society and the Center for International Security and Cooperation. During his graduate studies he was a consultant at the California Department of Justice.

<span class="mw-page-title-main">Kevin Bankston</span> American activist and attorney

Kevin Stuart Bankston is an American activist and attorney, who specialized in the areas of free speech and privacy law. He is currently Privacy Policy Director at Facebook, where he leads policy work on AI and emerging technologies. He was formerly the director of the Open Technology Institute (OTI) at the New America Foundation in Washington, D.C.

Limor Shmerling Magazanik is a thought leader in digital technology policy, ethics and regulation. She is an expert in data governance, privacy, AI ethics and cybersecurity policy. Since November 2018, she has been the managing director of the Israel Tech Policy Institute (ITPI) and a senior fellow at the Future of Privacy Forum. She is a visiting scholar at the Duke University Sanford School of Public Policy. Previously, for 10 years, she was director at the Israeli Privacy Protection Authority and an adjunct lecturer at the Hebrew University of Jerusalem Faculty of Law and the Interdisciplinary Center Herzliya School of Law and a research advisor at the Milken Innovation Center. Her background also includes positions in the private sector, law firms and high-tech industry. She has promoted policy initiatives in various technology sectors and has been an advocate for compliance with data protection and privacy by design.

The regulation of artificial intelligence is the development of public sector policies and laws for promoting and regulating artificial intelligence (AI); it is therefore related to the broader regulation of algorithms. The regulatory and policy landscape for AI is an emerging issue in jurisdictions globally, including in the European Union and in supra-national bodies like the IEEE, OECD and others. Since 2016, a wave of AI ethics guidelines have been published in order to maintain social control over the technology. Regulation is considered necessary to both encourage AI and manage associated risks. In addition to regulation, AI-deploying organizations need to play a central role in creating and deploying trustworthy AI in line with the principles of trustworthy AI, and take accountability to mitigate the risks. Regulation of AI through mechanisms such as review boards can also be seen as social means to approach the AI control problem.

<span class="mw-page-title-main">Rashida Richardson</span> American attorney and scholar

Rashida Richardson is a visiting scholar at Rutgers Law School and the Rutgers Institute for Information Policy and the Law and an attorney advisor to the Federal Trade Commission. She is also an assistant professor of law and political science at the Northeastern University School of Law and the Northeastern University Department of Political Science in the College of Social Sciences and Humanities.

Ryan Calo is an American legal scholar, internationally recognized within the fields of emerging technology, especially privacy, robotics, and artificial intelligence. He is a co-founder of the University of Washington Tech Policy Lab and the Center for an Informed Public which focuses on combating misinformation.

References

  1. Center for AI and Digital Policy
  2. The AI Policy Sourcebook (2020)
  3. Universal Guidelines for AI
  4. Artificial Intelligence and Democratic Values (2020)
  5. CAIDP Update
  6. Artificial Intelligence and Democratic Values (2023)
  7. CAIDP, Competitor Analysis (March 5, 2024)
  8. "Freedom of Information Act".
  9. "In Re Electronic Privacy Information Center, Petitioner"
  10. "EPIC v. FAA".
  11. "Democracy and Cybersecurity: Preserving Democratic Institutions"
  12. "2017 EPIC Champions of Freedom Awards Dinner"
  13. "EPIC v. Presidential Election Commission".
  14. "ROTENBERG v. POLITICO LLC et al".
  15. ACM Honors Marc Rotenberg with Policy Award (June 9, 2021)
  16. Burnham, David (26 August 1983). "New Tool for Public Affairs Lobbies". The New York Times.
  17. http://www.cfp.org/
  18. http://www.csisac.org
  19. "Privacy in the Modern Age: The Search for Solutions".
  20. https://epic.org/bookstore/pls2020/%7Ctitle=The Privacy Law Sourcebook: United States Law, International Law, and Recent Developments
  21. "DC Chess Association".