Reegler, Sari Lynn

Albert Gidari is a partner at Perkins Coie LLP where he represents a broad range of companies on privacy, security, Internet, electronic surveillance and communications law. His practice also includes both civil and criminal litigation, investigations and regulatory compliance counseling. He serves as the editor of the firm's Internet law blog, DigestibleLaw.com.

Privacy

Mr. Gidari is a nationally recognized privacy lawyer. He successfully defended Google in 2006 against a Department of Justice subpoena seeking billions of customer search queries and Web pages from Google search in Gonzales v. Google.

Mr. Gidari advises Chief Privacy Officers and privacy managers regarding the development and implementation of privacy policies, and in the conduct of privacy audits and privacy best practices.  Within the communications industry, he is a recognized authority on the use, disclosure and access to Customer Proprietary Network Information or ""CPNI.' Most recently, Mr. Gidari has represented numerous wireless carriers and CTIA-the Wireless Association before Congress, the Federal Communications Commission and state agencies in responding to proposed new rules to combat ""pretexting' or the unlawful access to CPNI by data brokers. On behalf of numerous carriers, Mr. Gidari and his litigation team successfully sued and enjoined number data brokers to prevent unlawful pretexting of customer information.

Location-based services in the wireless industry present the significant privacy challenges and Mr. Gidari likewise is an authority and industry thought leader on these issues. He first wrote about location capability in two articles in Cellular Business magazine in 1995, and has since been a frequent speaker on the subject at international conferences.  He drafted CTIA's petition to the Federal Communications Commission in 2001 to establish technology-neutral Fair Location Information Practices. Likewise, he was the rapporteur for International GSM Association's working group on the development of international location privacy principles in Rome in 2002.  Today, he represents wireless carriers in the implementation of a new generation of location-based services for asset tracking, public safety, telematics and law enforcement needs. 

In the area of law enforcement, Mr. Gidari has represented communications companies for over a decade in the implementation of the Communications Assistance for Law Enforcement Act (""CALEA""). He was the key legal advisor to the wireless industry for the development of JSTD-025, the first technical standard for electronic surveillance in the United States, under the auspices of the Telecommunications Industry Association. For his work in that regard, he received the President's Award for excellence in 1998 from CTIA. Most recently, Mr. Gidari successfully represented the American Library Association and the Association of American Research Libraries before the Federal Communications Commission to obtain an exemption from CALEA. Likewise, Mr. Gidari successfully represented a coalition of advanced research and education networks such as the Pacific Northwest Gigapop, National LambdaRail and the Corporation for Education Network Initiatives in California or ""CENIC' before the Federal Communications Commission and the U.S. Court of Appeals for the District of Columbia in challenging the extension of CALEA to private networks.

In addition to the implementation of CALEA, Mr. Gidari assists communications service providers in developing security office procedures to comply with lawfully authorized electronic surveillance orders. He assists companies in reviewing and responding to legal process under the Electronic Communications Privacy Act, the Foreign Intelligence Surveillance Act and the Wiretap Act.

Mr. Gidari's work encompasses international and cross-border requests for information through Mutual Legal Assistance Treaties and international conventions. In 2005, Mr. Gidari served as an expert witness on the scope of USA PATRIOT Act for the Government of British Columbia in British Columbia Government and Service Employees' Union v. Minister of Health Services and Medical Services Commission  (V040879) (Supreme Court of British Columbia).

Security

As with privacy, Mr. Gidari is a noted authority on the development and implementation of security best practices to meet the requirements of Sarbanes-Oxley as well as the Payment Card Industry or ""PCI' data security standard for electronic financial services. Mr. Gidari has handled dozens of security breach investigations and notices to customers under state security breach notification laws. He maintains the popular state security breach notification laws chart at Perkins Coie's Web site.

Internet and E-Commerce

In 1995, Mr. Gidari co-founded the Internet Law and Policy Forum, a global consortium of Internet-centric companies addressing policy and legal issues raised by the global nature of Internet communications and commerce. He served as its first Executive Director from 1995 - 1998.  In that capacity, he addressed the OECD Ministers Meeting in Ottawa, Canada, and presented a milestone paper titled Observations on the State of Self-Regulation of the Internet.

Mr. Gidari co-authored the path-breaking Survey of State Electronic &; Digital Signature Legislative Initiatives in 1997, which became the foundation for the development of international principles for electronic authentication. He has remained an active participant in the firm's electronic financial services practice for a decade, advising clients in development of payment processes, compliance with money transmitter and escheat statutes and in new and emerging financial services models. His advice is augmented by his private sector experience as the CEO of a proposed all-Internet bank in 1999, the founder of a financial services company in 2000, and as an advisor to emerging companies in the payments area.

Regulatory issues abound in Internet law and present compliance challenges. Mr. Gidari has worked closely with clients in the development of online marketing initiatives. He was a participant in the Federal Trade Commission's May 2003 Spam Forum, and he was instrumental in advising CTIA and other clients on the passage of the CAN-SPAM Act. Section 14 of the CAN-SPAM Act addresses requirements for mobile service commercial messages or ""MSCM's' and Mr. Gidari advises both wireless carriers and applications providers regarding compliance with the law.

Similarly, advertisers face potential liability for carrying advertisements for products or services deemed to be unlawful. Mr. Gidari counsels clients regarding compliance with online gambling laws, and he represents Google in defense of class action claims that such advertisements violated California law in Cisneros v. Google et al.  Mr. Gidari represents Google and numerous companies in responding to grand jury inquiries, investment decisions and jurisdictional issues.

Mr. Gidari has represented the pioneers of the Internet including such companies as Amazon, Google and Microsoft. He represented Connexion by Boeing, the first airborne commercial ISP; Amazon.com in the roll out of its auction services; and wireless service providers in the development of the wireless Web.