Bio
Ken Dreifach has more than twenty years of experience in high-profile regulatory, in-house and private practice roles, addressing Internet law and privacy issues. His range of experience helps him provide clients with unique, creative perspectives in evaluating and mitigating legal and ecosystem risks, and has made him one of the nation’s leading authorities on law relating to emerging technologies and online privacy. Ken’s current practices focus on four main areas:
REGULATORY RESPONSE & CRISIS MANAGEMENT
Ken assists companies in responding to regulatory investigations, including matters before the FTC, state Attorneys General, and other state and federal agencies, as well as inquiries from Congressional committees and sub-committees.
DATA LAW
Ken counsels clients on how to protect proprietary data, draft and negotiate data licensing agreements, and maintain and segment online and offline data in a manner compliant with laws and self-regulatory guidelines such as the NAI Code of Conduct. His expertise includes offline and online data law, behavioral advertising and tracking models, content personalization, re-targeting, and use of data for modeling, analytics and diagnostics.
GAMING LAW
Ken regularly advises companies that offer or support gaming activities on how to comply with applicable U.S. federal and state laws. Chambers USA noted that, as to Internet gambling, “he knows the compliance and regulatory landscape inside-out. ” He is also a former board member of a publicly-traded casino in New York.
ONLINE LIABILITY
Ken advises clients on matters of online liability across disciplines, including the DMCA, the CDA and Section 230 immunity, libel and defamation, COPPA, the Electronic Communications Privacy Act (“ECPA”), the Wiretap Act, FERPA, California’s Shine the Light law, and other state and federal privacy laws. Ken also helps established and emerging companies draft and revise appropriate Terms of Service, Privacy Policies and EULAs.
From 2000 to 2006, Ken was Chief of the Internet Bureau of the New York Attorney General’s office. Under his leadership, that Bureau brought ground-breaking enforcement actions protecting Internet users from fraudulent and illegal practices. These included high-profile matters against spyware distributors, spammers, crammers, online gambling operators, and websites that might endanger children and minors.
Ken has significant in-house experience working with emerging technology companies. Most recently, Ken served as General Counsel and Chief Privacy Officer of LiveRamp, the Bay Area data services platform – including through its acquisition by Acxiom, Inc. From 2007 to 2010, Ken was Deputy General Counsel of Linden Lab, operators of the Second Life virtual world and virtual currency platforms. He has served as a board member of a publicly traded casino enterprise, and is currently on the board of directors of the Network Advertising Initiative (the NAI), the self-regulatory organization for third party ad platforms.
Ken is a graduate of New York University School of Law, and Wesleyan University. He began his legal career as a judicial clerk for Judge Phyllis Kravitch of the U.S. Court of Appeals for the Eleventh Circuit. Ken is a former Chair of the New York City Bar Association’s Committee on Information Technology. He has appeared on numerous national news programs to discuss online law and liability and been quoted widely, in news sources such as the New York Times, The Wall Street Journal, Advertising Age, and Wired.
