Podcasts about civil liberties oversight board

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Play Episode Listen Later Oct 17, 2023 42:46

On September 28, the Privacy and Civil Liberties Oversight Board, or PCLOB, issued its long-awaited report on FISA Sec. 702, a surveillance authority that is set to expire on December 31 if it is not reauthorized by Congress. The report was supported by only three members of the Board, with the two minority members issuing their own separate statement. The three-two split was along party lines. Lawfare Senior Editor Stephanie Pell sat down with four members of the PCLOB, the Chair, Sharon Bradford Franklin, and board members Travis LeBlanc, Beth Williams, and Richard DiZinno. Board member Ed Felten could not join due to medical reasons. In this second of two episodes, they talk about the members' views on the privacy and civil liberties risks posed by Section 702 and each side's differing recommendations on how to address these issues, with a special focus on the recommendation that is the most serious point of contention among the two sides. If you haven't listened to yesterday's episode, where they talked about the areas on which the members substantially agree and the compliance problems that have plagued the FBI, you may want to do that first. Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Part One of the PCLOB on FISA Section 702

board congress fbi acast privacy fisa beth williams civil liberties oversight board

Play Episode Listen Later Oct 16, 2023 55:44

On September 28, the Privacy and Civil Liberties Oversight Board, or PCLOB, issued its long-awaited report on FISA Sec. 702, a surveillance authority that is set to expire on December 31 if it is not reauthorized by Congress. The report was supported by only three members of the Board, with the two minority members issuing their own separate statement. The three-two split was along party lines. Lawfare Senior Editor Stephanie Pell sat down with four members of PCLOB, the Chair, Sharon Bradford Franklin, and board members Travis LeBlanc, Beth Williams, and Richard DiZinno. Board member Ed Felten could not join due to medical reasons. In this first of two episodes, they talk about areas on which the members substantially agree, the compliance problems that have plagued the FBI, and each side's different recommendations for how to address those compliance problems. In tomorrow's podcast, they talk about the members' views on the privacy and civil liberties risks posed by Section 702, and each side's differing recommendations for how to address these issues, with a special focus on the recommendation that is the most serious point of contention among the two sides.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Bonus Episode

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Play Episode Listen Later Oct 16, 2023 56:30

The debate over section 702 of FISA is heating up as the end-of-year deadline for reauthorization draws near. The debate can now draw upon a report from the Privacy and Civil Liberties Oversight Board. That report was not unanimous. In the interest of helping listeners understand the report and its recommendations, the Cyberlaw Podcast has produced a bonus episode 476, featuring two of the board members who represent the divergent views on the board—Beth Williams, a Republican-appointed member, and Travis LeBlanc, a Democrat-appointed member. It's a great introduction to the 702 program, touching first on the very substantial points of agreement about it and then on the concerns and recommendations for addressing those concerns. Best of all, the conversation ends with a surprise consensus on the importance of using the program to vet travelers to the United States and holders of security clearances. Download 476th Episode (mp3) You can subscribe to The Cyberlaw Podcast using iTunes, Google Play, Spotify, Pocket Casts, or our RSS feed. As always, The Cyberlaw Podcast is open to feedback. Be sure to engage with @stewartbaker on Twitter. Send your questions, comments, and suggestions for topics or interviewees to CyberlawPodcast@gmail.com. Remember: If your suggested guest appears on the show, we will send you a highly coveted Cyberlaw Podcast mug! The views expressed in this podcast are those of the speakers and do not reflect the opinions of their institutions, clients, friends, families, or pets.

Bonus Episode

united states spotify republicans democrats google play privacy pocket casts fisa beth williams civil liberties oversight board

Play Episode Listen Later Oct 16, 2023 56:32

The debate over section 702 of FISA is heating up as the end-of-year deadline for reauthorization draws near. The debate can now draw upon a report from the Privacy and Civil Liberties Oversight Board. That report was not unanimous. In the interest of helping listeners understand the report and its recommendations, the Cyberlaw Podcast has produced a bonus episode 476, featuring two of the board members who represent the divergent views on the board—Beth Williams, a Republican-appointed member, and Travis LeBlanc, a Democrat-appointed member. It's a great introduction to the 702 program, touching first on the very substantial points of agreement about it and then on the concerns and recommendations for addressing those concerns. Best of all, the conversation ends with a surprise consensus on the importance of using the program to vet travelers to the United States and holders of security clearances. Download 476th Episode (mp3) You can subscribe to The Cyberlaw Podcast using iTunes, Google Play, Spotify, Pocket Casts, or our RSS feed. As always, The Cyberlaw Podcast is open to feedback. Be sure to engage with @stewartbaker on Twitter. Send your questions, comments, and suggestions for topics or interviewees to CyberlawPodcast@gmail.com. Remember: If your suggested guest appears on the show, we will send you a highly coveted Cyberlaw Podcast mug! The views expressed in this podcast are those of the speakers and do not reflect the opinions of their institutions, clients, friends, families, or pets.

The uncertain future of an eavesdropping law

Defense One Radio

Play Episode Listen Later Oct 4, 2023 30:06

We review the history of FISA Section 702 ahead of its possible expiration at the end of the year. Guests: Cindy Cohn is the Executive Director of the Electronic Frontier Foundation; And Joshua Geltzer is Deputy Assistant to President Joe Biden and Deputy Homeland Security Advisor at the National Security Council. Read over a copy of the recent Privacy and Civil Liberties Oversight Board report on recommended changes to FISA Section 702 (PDF), here.

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Buckworm APT's specialized tools. Cyberattack against Johnson Controls. Oversight panel reports on Section 702. Cyber in election security, and in the US industrial base. Hacktivism versus Russia.

The CyberWire

Play Episode Listen Later Sep 28, 2023 28:54

The Budworm APT's bespoke tools. Johnson Controls sustains a cyberattack. The US Privacy and Civil Liberties Oversight Board reports on Section 702. The looming government shutdown and cyber risk. Cybersecurity in the US industrial base. X cuts back content moderation capabilities. In our Industry Voices segment, Nicholas Kathmann from LogicGate describes the struggle when facing low cost attacks. Sam Crowther from Kasada shares his team's findings on Stolen Auto Accounts. And Ukrainian hacktivists target Russian airline check-in systems. For links to all of today's stories check out our CyberWire daily news briefing: https://thecyberwire.com/newsletters/daily-briefing/12/186 Selected reading. Budworm: APT Group Uses Updated Custom Tool in Attacks on Government and Telecoms Org (Symantec Enterprise Blogs) Johnson Controls reports data breach after severe ransomware attack (BeyondMachines) Report on the Surveillance Program Operated Pursuant to Section 702 of the Foreign Intelligence Surveillance Act (U.S. Privacy and Civil Liberties Oversight Board) Split privacy board urges big changes to Section 702 surveillance law (Washington Post) Democrats fear cyberattacks as government shutdown looms (Nextgov.com) Aprio Releases U.S. National Manufacturing Survey, Highlighting the Need for Improved Operational Excellence, Digitization and Cybersecurity Practices (Aprio) Musk's X disabled feature for reporting electoral misinformation - researcher (Reuters) Musk's X Cuts Half of Election Integrity Team After Promising to Expand It (The Information) Aeroflot, other airlines' flights delayed over DDoS attack (Cybernews) Learn more about your ad choices. Visit megaphone.fm/adchoices

The Far-Reaching Risks of the Emerging Framework for AI Deployment With Jim Dempsey

She Said Privacy/He Said Security

Play Episode Listen Later Jul 6, 2023 37:12

Jim Dempsey is the Senior Policy Advisor to the Stanford Program on Geopolitics, Technology, and Governance. Additionally, he's a lecturer at the UC Berkeley School of Law, where he teaches cybersecurity law in the LL.M. program. Before joining the UC Berkeley staff, he was the Executive Director of the Berkeley Center of Law & Technology. Jim previously served as a part-time member of the US Privacy and Civil Liberties Oversight Board — an independent agency within the federal government charged with advising senior policymakers and overseeing the nation's counterterrorism programs. Jim is the author of Cybersecurity Law Fundamentals, a summation of cybersecurity law for practitioners in the field. His other publications include “Cybersecurity Information Sharing Governance Structures: An Ecosystem of Diversity, Trust, and Tradeoffs” and “The Path to ECPA Reform and the Implications of United States v. Jones.” He also pens articles on cybersecurity for Lawfare, a non-partisan, nonprofit publication dedicated to national security issues. In this episode… With the emergence of innovative technologies, cybersecurity continues to be a topic of discussion. And as the constant evolution of AI further transforms our lives both personally and professionally, the products and services we rely on are at risk of becoming fundamentally insecure. Jim Dempsey, a cybersecurity expert, explains that many users with ill intent are on a mission to steal our information and disrupt AI technology. A particular intentional attack to be wary of is prompt injection attacks disguised as programming instructions. This occurs when a hacker hijacks a language model's output, allowing the hacker to get the model to say anything they want. There are, however, privacy and security best-practices companies can adopt as a means of prevention. In this episode of the She Said Privacy, He Said Security Podcast, Jodi and Justin Daniels welcome Jim Dempsey, the Senior Policy Advisor to the Stanford Program on Geopolitics, Technology, and Governance, to discuss the risks of AI deployment. Jim explains why Open AI is suddenly a tech phenomenon, AI's potential risks without US regulation, advice for privacy and security best practices, and more.

Travis LeBlanc and FISA Section 702

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Play Episode Listen Later Mar 22, 2023 49:03

On December 31, 2023, Section 702 of the Foreign Intelligence Surveillance Act (FISA) will expire unless it is reauthorized by Congress. Section 702 authorizes the U.S. government, in order to obtain foreign intelligence information, to target foreigners who are reasonably believed to be outside of the U.S. and collect their communications inside the U.S. without a warrant—even when such surveillance may involve the incidental collection of communications of U.S. persons. Privacy and civil liberties advocates have long raised concerns about the government's ability to conduct so-called backdoor searches of U.S. person information acquired incidentally through the collection of the communications of foreigners. U.S.government officials have argued that it is imperative for Congress to reauthorize Section 702. To talk about Section 702 and its reauthorization, Lawfare Senior Editor Stephanie Pell sat down with Travis LeBlanc, a Member of the Privacy and Civil Liberties Oversight Board and a partner at Cooley LLP. They discussed his concerns with the way the government may search or use U.S. person information incidentally collected under Section 702, the aspects of the government's position on reauthorization on which he may agree, and how he believes Congress should reform Section 702. Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Steve Bellovin, 35 Years of Protecting the Internet

CERIAS Security Seminar Podcast

Play Episode Listen Later Mar 22, 2023 59:53

For 35 years, the Internet has been bedeviled by attackers. For about as long, defenders have tried deploying various defenses; these have often been of limited utility. We look back at what has happened, focusing on the explicit or (more often) implicit assumptions behind the defenses, and why these assumptions were or were not correct. About the speaker: Steven M. Bellovin is the Percy K. and Vida L. W. Hudson Professor of Computer Science at Columbia University, member of the Cybersecurity and Privacy Center of the university's Data Science Institute, and an affiliate faculty member at Columbia Law School. Bellovin does research on security and privacy and on related public policy issues. In his copious spare professional time, he does some work on the history of cryptography. He joined the faculty in 2005 after many years at Bell Labs and AT&T Labs Research, where he was an AT&T Fellow. He received a BA degree from Columbia University, and an MS and PhD in Computer Science from the University of North Carolina at Chapel Hill. While a graduate student, he helped create Netnews; for this, he and the other perpetrators were given the 1995 Usenix Lifetime Achievement Award (The Flame). He has also received the 2007 NIST/NSA National Computer Systems Security Award and has been elected to the Cybersecurity Hall of Fame. Bellovin has served as Chief Technologist of the Federal Trade Commission and as the Technology Scholar at the Privacy and Civil Liberties Oversight Board. He is a member of the National Academy of Engineering and has served on the Computer Science and Telecommunications Board of the National Academies of Sciences, Engineering, and Medicine. In the past, he has been a member of the Department of Homeland Security's Science and Technology Advisory Committee, and the Technical Guidelines Development Committee of the Election Assistance Commission.Bellovin is the author of Thinking Security and the co-author of Firewalls and Internet Security: Repelling the Wily Hacker, and holds a number of patents on cryptographic and network protocols. He has served on many National Research Council study committees, including those on information systems trustworthiness, the privacy implications of authentication technologies, and cybersecurity research needs; he was also a member of the information technology subcommittee of an NRC study group on science versus terrorism. He was a member of the Internet Architecture Board from 1996-2002; he was co-director of the Security Area of the IETF from 2002 through 2004.More details may be found at http://www.cs.columbia.edu/~smb/informal-bio.html.

Does the Administrative Procedure Act Provide for Universal Vacatur?

Play Episode Listen Later Feb 24, 2023 59:44

Section 706 of the Administrative Procedure Act instructs courts to "set aside" agency action that is unlawful. These two words—"set aside"—have sparked much debate among lawyers, jurists, and scholars. In particular, administrative law enthusiasts disagree about whether the "set aside" language means that courts must enter universal injunctions against unlawful regulations. Some suggest that "set aside" contemplates wholesale invalidation of regulations. Others take the position that the scope of the "set aside" remedy is more limited. In United States v. Texas, which is before the Supreme Court this term, the Court is set to decide whether the "set aside" language requires universal vacatur of regulations.In advance of the Court's ruling, this teleforum panel discussed this difficult question. Featuring:--Hon. Beth A. Williams, Member, United States Privacy & Civil Liberties Oversight Board, Professorial Lecturer in Law at the George Washington University Law School, and former Assistant Attorney General for the Office of Legal Policy, United States Department of Justice--Prof. John Harrison, James Madison Distinguished Professor of Law and Thomas F. Bergin Teaching Professor at the University of Virginia School of Law--Prof. Ron Levin, William R. Orthwein Distinguished Professor of Law at the Washington University in St. Louis School of Law--[Moderator] Judge Steven J. Menashi, U.S. Court of Appeals for the Second Circuit

Deep Dive 226 – Due Process Protections in Agency Enforcement Actions

RTP's Free Lunch Podcast

Play Episode Listen Later Jun 30, 2022 61:14

In February 2019, then General Counsel of the Department of Transportation (DOT), Steven Bradbury, issued a memo later dubbed the "Bradbury Memo" that addressed concerns about civil enforcement abuse at the agency. Parts of the memo were subsequently made into binding DOT rules. DOT asserted that these rules were designed to protect the due process rights of those who were the subject of DOT enforcement actions, including a requirement that the agency disclose all exculpatory evidence to those targeted by civil enforcement and the prohibition of "fishing expedition" investigations without sufficient evidence to support a violation.On April 2, 2021, DOT rescinded these rules without the opportunity for public comment. Thereafter Polyweave Packaging Inc., a company that had been issued a civil penalty order by DOT over alleged regulatory violations, filed suit against DOT claiming the agency violated its due process rights by revoking the Bradbury Memo rules.The U.S. District Court for the Western District of Kentucky ruled in favor of DOT, the case has been appealed to the Sixth Circuit Court of Appeals and oral arguments were on May 5, 2022.Featuring:- Steven Bradbury, Attorney; Former General Counsel, Department of Transportation- Sheng Li, Litigation Counsel, New Civil Liberties Alliance- [Moderator] Beth Williams, Board Member, U.S. Privacy and Civil Liberties Oversight Board; former Assistant Attorney General, U.S. Department of JusticeVisit our website – www.RegProject.org – to learn more, view all of our content, and connect with us on social media.

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Due Process Protections in Agency Enforcement Actions

kentucky agency attorney privacy board members appeals pete buttigieg general counsel enforcement protections district court due process assistant attorney general western district steven bradbury sixth circuit court transportation dot beth williams civil liberties oversight board

Play Episode Listen Later Jun 13, 2022 60:02

In February of 2019, then General Counsel of the Department of Transportation (DOT), Steven Bradbury, issued a memo later dubbed the "Bradbury Memo" that addressed concerns about civil enforcement abuse at the agency. Parts of the memo were subsequently made into binding DOT rules. DOT asserted that these rules were designed to protect the due process rights of those who were the subject of DOT enforcement actions, including a requirement that the agency disclose all exculpatory evidence to those targeted by civil enforcement and the prohibition of “fishing expedition” investigations without sufficient evidence to support a violation.On April 2, 2021, DOT rescinded these rules without the opportunity for public comment. Thereafter Polyweave Packaging inc., a company that had been issued a civil penalty order by DOT over alleged regulatory violations, filed suit against DOT claiming the agency violated its due process rights by revoking the Bradbury Memo rules.The U.S. District Court for the Western District of Kentucky ruled in favor of DOT, the case has been appealed to the Sixth Circuit Court of Appeals and oral arguments were on May 5, 2022. Please join this litigation update of Polyweave Packaging v. Buttigieg as our experts discuss the case, the legal issues involved, and the implications for administrative rulemaking and due process.Featuring:-- Hon. Steven Bradbury, Attorney; Former General Counsel, Department of Transportation-- Sheng Li, Litigation Counsel, New Civil Liberties Alliance-- Moderator: Hon. Beth Williams, Board Member, U.S. Privacy and Civil Liberties Oversight Board; former Assistant Attorney General, U.S. Department of Justice

Due Process Protections in Agency Enforcement Actions

Play Episode Listen Later Jun 13, 2022 59:27

In February of 2019, then General Counsel of the Department of Transportation (DOT), Steven Bradbury, issued a memo later dubbed the "Bradbury Memo" that addressed concerns about civil enforcement abuse at the agency. Parts of the memo were subsequently made into binding DOT rules. DOT asserted that these rules were designed to protect the due process rights of those who were the subject of DOT enforcement actions, including a requirement that the agency disclose all exculpatory evidence to those targeted by civil enforcement and the prohibition of “fishing expedition” investigations without sufficient evidence to support a violation.On April 2, 2021, DOT rescinded these rules without the opportunity for public comment. Thereafter Polyweave Packaging inc., a company that had been issued a civil penalty order by DOT over alleged regulatory violations, filed suit against DOT claiming the agency violated its due process rights by revoking the Bradbury Memo rules.The U.S. District Court for the Western District of Kentucky ruled in favor of DOT, the case has been appealed to the Sixth Circuit Court of Appeals and oral arguments were on May 5, 2022. Please join this litigation update of Polyweave Packaging v. Buttigieg as our experts discuss the case, the legal issues involved, and the implications for administrative rulemaking and due process.Featuring:Hon. Steven Bradbury, Attorney; Former General Counsel, Department of TransportationSheng Li, Litigation Counsel, New Civil Liberties AllianceModerator: Hon. Beth Williams, Board Member, U.S. Privacy and Civil Liberties Oversight Board; former Assistant Attorney General, U.S. Department of Justice---To register, click the link above

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Switchbacks at the DOJ: the Sessions, Brand, and Garland Memos

Play Episode Listen Later Mar 7, 2022 61:07

During President Biden's first year in office, Attorney General Merrick Garland rescinded two key memos that were part of the Trump Administration's stated regulatory reform agenda: the Sessions Memo, which prohibited Department of Justice (DOJ) components from issuing “guidance documents” that effectively bound the public without undergoing notice-and-comment rulemaking, and the Brand Memo, which prohibited the Department from using noncompliance with DOJ's or other agencies' nonbinding guidance documents as a basis for affirmative civil enforcement actions. Calling the procedures laid out in the Sessions and Brand memos “overly restrictive,” Attorney General Garland replaced these memos with the Garland memo, which largely makes it easier for the Department to issue guidance and to rely on its own or other agencies' guidance documents in enforcement actions. What will be the impacts and effects of the Garland memo? Is this a sea change in favor of regulation by guidance, or a recognition by DOJ that guidance documents do not have the force of law? How have regulated entities responded? Acting Associate Attorney General (2017-2019) Jesse Panuccio and Assistant U.S. Attorney (2011-2019) Christopher Sabis will discuss these issues, moderated by Assistant Attorney General (2017-2020) Beth Williams. Featuring: --Jesse Panuccio, Partner, Boies Schiller Flexner LLP --Christopher Sabis, Member, Sherrard Roe Voigt Harbison --Moderator: Hon. Beth A. Williams, Board Member, U.S. Privacy and Civil Liberties Oversight Board; Former Assistant Attorney General, Office of Legal Policy, U.S. Department of Justice --- To register, click the link above.

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Cringe-Casting Since 2016

Play Episode Listen Later Feb 16, 2022 57:51

The Cyberlaw Podcast has decided to take a leaf from the (alleged) Bitcoin Bandits' embrace of cringe rap. No more apologies. We're proud to have been cringe-casting for the last six years. Scott Shapiro, however, shows that there's a lot more meat to the bitcoin story than embarrassing social media posts. In fact, the government's filing after the arrest of Ilya Lichtenstein and Heather Morgan paints a forbidding picture of how hard it is to actually cash $4.5 billion in bitcoin. That's what the government wants us to think, but it's persuasive nonetheless, and both Scott and David Kris recommend it as a read. Like the Rolling Stones performing their greatest hits from 1965 on tour this year, U.S. Senator Ron Wyden of Oregon is replaying his favorite schtick from 2013 or so—complaining that the government has an intelligence program that collects some U.S. person data under a legal theory that would surprise most Americans. Based on the Privacy and Civil Liberties Oversight Board staff recommendations, Dave Aitel and David Kris conclude that this doesn't sound like much of a scandal, but it may lead to new popup boxes on intel analysts' desktops as they search the resulting databases. In an entirely predictable but still discouraging development, Dave Aitel points to persuasive reports from two forensics firms that an Indian government body has compromised the computers of a group of Indian activists and then used its access not just to spy on the activists but to load fake and incriminating documents onto their computers. In the EU, meanwhile, crisis is drawing nearer over the EU General Data Protection Regulation (GDPR) and the European Court of Justice decision in the Schrems cases. David Kris covers one surprising trend. The court may have been aiming at the United States, but its ruling is starting to hit European companies who are discovering that they may have to choose between Silicon Valley services and serious liability. That's the message in the latest French ruling that websites using Google Analytics are in breach of GDPR. Next to face the choice may be European publishers who depend on data-dependent advertising whose legality the Belgian data protection authority has gravely undercut. Scott and I dig into the IRS's travails in trying to implement facial recognition for taxpayer access to records. I reprise my defense of face recognition in Lawfare. Nobody is going to come out of this looking good, Scott and I agree, but I predict that abandoning facial recognition technology is going to mean more fraud as well as more costly and lousier service for taxpayers. I point to the only place Silicon Valley seems to be innovating—new ways to show conservatives that their views are not welcome. Airbnb has embraced the Southern Poverty Law Center (SPLC), whose business model is labeling mainstream conservative groups as “hate” mongers. It told Michelle Malkin that her speech at a SPLC “hate” conference meant that she was forever barred from using Airbnb—and so was her husband. By my count that's guilt by association three times removed. Equally remarkable, Facebook is now telling Bjorn Lonborg that he cannot repeat true facts if he's using them to support the Wrong Narrative. We're not in content moderation land any more if truth is not a defense, and tech firms that supply real things for real life can deny them to people whose views they don't like. Scott and I unpack the EARN IT Act (Eliminating Abusive and Rampant Neglect of Interactive Technologies Act), again reported out of committee with a chorus of boos from privacy NGOs. We also note that supporters of getting tough on the platforms over child sex abuse material aren't waiting for EARN IT. A sex trafficking lawsuit against Pornhub has survived a Section 230 challenge. Download the 394th Episode (mp3) You can subscribe to The Cyberlaw Podcast using iTunes, Google Play, Spotify, Pocket Casts, or our RSS feed. As always, The Cyberlaw Podcast is open to feedback. Be sure to engage with @stewartbaker on Twitter. Send your questions, comments, and suggestions for topics or interviewees to CyberlawPodcast@steptoe.com. Remember: If your suggested guest appears on the show, we will send you a highly coveted Cyberlaw Podcast mug! The views expressed in this podcast are those of the speakers and do not reflect the opinions of their institutions, clients, friends, families, or pets.

Cringe-Casting Since 2016

The Privacy Advisor Podcast

Play Episode Listen Later Feb 16, 2022 57:51

The Cyberlaw Podcast has decided to take a leaf from the (alleged) Bitcoin Bandits' embrace of cringe rap. No more apologies. We're proud to have been cringe-casting for the last six years. Scott Shapiro, however, shows that there's a lot more meat to the bitcoin story than embarrassing social media posts. In fact, the government's filing after the arrest of Ilya Lichtenstein and Heather Morgan paints a forbidding picture of how hard it is to actually cash $4.5 billion in bitcoin. That's what the government wants us to think, but it's persuasive nonetheless, and both Scott and David Kris recommend it as a read. Like the Rolling Stones performing their greatest hits from 1965 on tour this year, U.S. Senator Ron Wyden of Oregon is replaying his favorite schtick from 2013 or so—complaining that the government has an intelligence program that collects some U.S. person data under a legal theory that would surprise most Americans. Based on the Privacy and Civil Liberties Oversight Board staff recommendations, Dave Aitel and David Kris conclude that this doesn't sound like much of a scandal, but it may lead to new popup boxes on intel analysts' desktops as they search the resulting databases. In an entirely predictable but still discouraging development, Dave Aitel points to persuasive reports from two forensics firms that an Indian government body has compromised the computers of a group of Indian activists and then used its access not just to spy on the activists but to load fake and incriminating documents onto their computers. In the EU, meanwhile, crisis is drawing nearer over the EU General Data Protection Regulation (GDPR) and the European Court of Justice decision in the Schrems cases. David Kris covers one surprising trend. The court may have been aiming at the United States, but its ruling is starting to hit European companies who are discovering that they may have to choose between Silicon Valley services and serious liability. That's the message in the latest French ruling that websites using Google Analytics are in breach of GDPR. Next to face the choice may be European publishers who depend on data-dependent advertising whose legality the Belgian data protection authority has gravely undercut. Scott and I dig into the IRS's travails in trying to implement facial recognition for taxpayer access to records. I reprise my defense of face recognition in Lawfare. Nobody is going to come out of this looking good, Scott and I agree, but I predict that abandoning facial recognition technology is going to mean more fraud as well as more costly and lousier service for taxpayers. I point to the only place Silicon Valley seems to be innovating—new ways to show conservatives that their views are not welcome. Airbnb has embraced the Southern Poverty Law Center (SPLC), whose business model is labeling mainstream conservative groups as “hate” mongers. It told Michelle Malkin that her speech at a SPLC “hate” conference meant that she was forever barred from using Airbnb—and so was her husband. By my count that's guilt by association three times removed. Equally remarkable, Facebook is now telling Bjorn Lonborg that he cannot repeat true facts if he's using them to support the Wrong Narrative. We're not in content moderation land any more if truth is not a defense, and tech firms that supply real things for real life can deny them to people whose views they don't like. Scott and I unpack the EARN IT Act (Eliminating Abusive and Rampant Neglect of Interactive Technologies Act), again reported out of committee with a chorus of boos from privacy NGOs. We also note that supporters of getting tough on the platforms over child sex abuse material aren't waiting for EARN IT. A sex trafficking lawsuit against Pornhub has survived a Section 230 challenge. Download the 394th Episode (mp3) You can subscribe to The Cyberlaw Podcast using iTunes, Google Play, Spotify, Pocket Casts, or our RSS feed. As always, The Cyberlaw Podcast is open to feedback. Be sure to engage with @stewartbaker on Twitter. Send your questions, comments, and suggestions for topics or interviewees to CyberlawPodcast@steptoe.com. Remember: If your suggested guest appears on the show, we will send you a highly coveted Cyberlaw Podcast mug! The views expressed in this podcast are those of the speakers and do not reflect the opinions of their institutions, clients, friends, families, or pets.

A chat with Jim Dempsey about ‘Cybersecurity Law Fundamentals'

Play Episode Listen Later Nov 23, 2021 56:26

Cybersecurity is inextricably connected to privacy in countless ways. Like privacy law and regulation in the U.S., cybersecurity stands on a patchwork quilt of rules, laws, regulations and court cases. Stanford Cyber Policy Center Senior Policy Advisor Jim Dempsey has been teaching cybersecurity law since 2015 and worked in the area for decades, whether as an academic, a government representative on the U.S. Privacy and Civil Liberties Oversight Board, or an advocate at the Center for Democracy & Technology. He's long thought about the cybersecurity space and how it matches up to privacy and data protection. In fact, he's thought so hard on this subject that he published a new book with the IAPP called “Cybersecurity Law Fundamentals.” IAPP Editorial Director Jedidiah Bracy recently caught up with Dempsey to discuss cybersecurity's current state of play, the biggest issues companies face from a world burgeoning with adversaries and what to look for in his new book.

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Adam Klein and Benjamin Wittes on FISA

Outspoken with Shana Cosgrove

Play Episode Listen Later Oct 11, 2021 60:51

Two weeks ago, the Department of Justice's Office of Inspector General released a report on the FBI's mishandling of Foreign Intelligence Surveillance Act applications. It's the latest in a string of Inspector General reports and other documents to talk about the process. To go through the latest report, why the process is so important and what it all means, Jacob Schulz sat down on Lawfare Live with Lawfare editor-in-chief Benjamin Wittes, and Adam Klein, the former chairman of the Privacy and Civil Liberties Oversight Board, who is now at the University of Texas at Austin's Strauss Center as director of the program on Technology, Security, and Global Affairs. They discussed what's in the latest report, what to make of it and how to think about reforms to the process in general.Support this show http://supporter.acast.com/lawfare. See acast.com/privacy for privacy and opt-out information.

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I'm Speaking: Diane Janosek, Women in CyberSecurity.

Play Episode Listen Later Sep 28, 2021 44:53

CyberSecurity, Confidence, and Charisma.In this episode of The Outspoken Podcast, host Shana Cosgrove talks to Diane Janosek, Training Director for The National Cryptologic School at The National Security Agency. Diane talks about her journey from practicing law to loving cybersecurity. She also discusses her involvement in nation-shaping moments such as the Bill Clinton impeachment and the Snowden disclosures. Finally, we learn how Diane's drive has compelled her to take the CISSP, grow Women in Cybersecurity (WiCyS), and read voraciously about what will affect her nation next. QUOTES “You gotta have confidence, and if you don't have it you gotta fake it because otherwise you're gonna be eaten alive. So, it is a learned behavior. Even for an introvert, it's all about just knowing who you are, what you have to offer, and you're not gonna compromise. ”– Diane Janosek [21:40] “There's so many things that you can make a lifetime out of, so just find what you're interested in, find your passion, meet people that are doing it, and just network as much as you can.”– Diane Janosek [39:44] “Everybody wants to [...] have sense of belonging, a sense of purpose, that they're contributing to something bigger than themselves - and having a professional organization of camaraderie and a sense of community in your area of discipline is really important.”– Diane Janosek [32:19] TIMESTAMPS [00:04] Intro [04:12] Getting to Know Diane [05:17] Fitting into People's Expectations [07:48] Journey From Law to Cybersecurity [11:18] Working with Janet Reno [12:40] Impeachment of Bill Clinton [13:59] Starting with the NSA [16:34] Becoming Chief Legal Officer of Privacy and Civil Liberties Oversight Board [18:58] Gaining a Passion for Cybersecurity [20:35] Charisma of Powerful People [23:40] Skill Set Needed for Network and Information Security [24:32] Taking the CISSP [28:03] Why Technical Competency Matters as a Woman [29:30] Diane's Family [30:55] Women in Cybersecurity [34:42] Books that Influenced Diane [36:07] Diane's Reading Habits [39:14] Advice to Younger Professionals [40:36] Diane's Creative Outlet [44:31] Outro RESOURCES https://www.wicys.org/ (Women in Cybersecurity (WiCyS)) https://www.cybher.org/cybher-warrior-awards/ (CybHER Warrior Awards) https://www.mdcyber.com/ (Cybersecurity Association of Maryland) https://dreamport.tech/ (Dreamport) https://www.whitehouse.gov/about-the-white-house/presidents/ronald-reagan/ (Former President Ronald Reagan) https://www.history.com/topics/us-government/checks-and-balances (Checks and Balances) https://www.justice.gov/ (Department of Justice) https://www.justice.gov/ag/bio/reno-janet (Janet Reno) https://www.history.com/this-day-in-history/president-clinton-impeached (Impeachment of Bill Clinton) https://www.cnn.com/ALLPOLITICS/stories/1999/01/19/transcripts/ (Chuck Ruff) https://www.defense.gov/Our-Story/Biographies/Biography/Article/1531067/general-paul-m-nakasone/ (General Paul M Nakasone) https://schar.gmu.edu/profiles/rdeitz (Robert Deitz) https://www.pclob.gov/ (Privacy and Civil Liberties Oversight Board) https://www.law.nyu.edu/centers/ija-oral-history/wald (Judge Patricia Wald) https://www.whitehouse.gov/about-the-white-house/presidents/barack-obama/ (Former President Barack Obama) https://www.cgap.org/about/people/david-medine (David Medine) https://www.c-span.org/person/?1017594/RachelLBrand (Rachel Brand) https://www.whitehouse.gov/about-the-white-house/presidents/donald-j-trump/ (Former President Donald Trump) https://www.theguardian.com/world/interactive/2013/nov/01/snowden-nsa-files-surveillance-revelations-decoded (Snowden Disclosures) https://ni-u.edu/wp/ (National Intelligence University) https://www.supremecourt.gov/about/biographyginsburg.aspx (Justice Ruth Bader Ginsburg) https://www.brennancenter.org/sites/default/files/analysis/Government%20Surveillance%20Factsheet.pdf (Section 702 and Section 215)...

Adam Klein Looks Behind the FISA Curtain

privacy curtain fisa lawfare foreign intelligence surveillance act benjamin wittes adam klein civil liberties oversight board

Play Episode Listen Later Jun 29, 2021 58:01

Adam Klein was, until the other day, the chairman of the Privacy and Civil Liberties Oversight Board, known colloquially as the PCLOB. In that capacity, he had the opportunity to do something that no one has ever really done before as an outsider: review a bunch of FISA applications, that is, applications for electronic surveillance under the Foreign Intelligence Surveillance Act. The result is a white paper that looks behind the FISA curtain that he published before leaving office and about which he wrote a Lawfare post. He joined Benjamin Wittes on Lawfare Live to talk about the applications, the review, the white paper and the Lawfare article, and how the FISA process could stand improvement. See acast.com/privacy for privacy and opt-out information.

President Biden's European Cybertour

Play Episode Listen Later Jun 22, 2021 39:17

We could not avoid President Biden's trip to Europe this week. He made news (but only a little progress) on cybersecurity at every stop. Nick Weaver and I dig into the President's consultations with Vladimir Putin, which featured veiled threats and a modest agreement on some sort of continuing consultations on protecting critical infrastructure. Jordan Schneider sums up the G7 and NATO statements aligning with U.S. criticisms of China. And our newest contributor, Michael Ellis, critiques the EU-U.S. consultations on technology, which featured a complete lack of U.S. resolve on getting an outcome on transatlantic data flows that would preserve US intelligence capabilities. Michael also recaps the latest fallout from the Colonial Pipeline ransomware shutdown—new regulatory initiatives from TSA and a lot of bipartisan regulatory proposals in Congress. I note the very unusual (or, maybe, all too usual) meaning given to “bipartisanship” on Capitol Hill. Nick is not exactly mourning the multiple hits now being suffered by ransomware insurers, from unexpected losses to the ultimate in concentrated loss – gangs that hack the insurer first and then systematically extort all its ransomware insurance customers. Jordan sums up China's new data security law. He suggests that, despite the popular reporting on the law, which emphasizes the government control narrative, the motive for the law may be closer to the motive for data protection laws in the West—consumer suspicion over how private data is being used. I'm less convinced, but we have a nice discussion of how bureaucratic imperatives and competition work in the Peoples Republic of China. Michael and Nick dig into the White Paper on FISA applications published by the outgoing chairman of the Privacy and Civil Liberties Oversight Board. Notably, in my mind, the White Paper does not cast doubt on the Justice Department's rebuttal to a Justice Inspector General's report suggesting that the FISA process is riddled with error. The paper also calls urgently for renewal of the expired FISA section 215 authority and suggests several constructive changes to the FISA paperwork flow. In quick hits, Michael brings us up to date on the FCC's contribution to technology decoupling from China: a unanimous vote to exclude Chinese companies from the U.S. telecom infrastructure and a Fifth Circuit decision upholding its decision to exclude Chinese companies from subsidized purchases by U.S. telecom carriers. And Jordan reminds us just how much progress China has made in exploring space. And more! Download the 367th Episode (mp3) You can subscribe to The Cyberlaw Podcast using iTunes, Google Play, Spotify, Pocket Casts, or our RSS feed. As always, The Cyberlaw Podcast is open to feedback. Be sure to engage with @stewartbaker on Twitter. Send your questions, comments, and suggestions for topics or interviewees to CyberlawPodcast@steptoe.com. Remember: If your suggested guest appears on the show, we will send you a highly coveted Cyberlaw Podcast mug! The views expressed in this podcast are those of the speakers and do not reflect the opinions of their institutions, clients, friends, families, or pets.

The Privacy and Europocrisy Oversight Board

Play Episode Listen Later Nov 24, 2020 45:00

This is my favorite story of the episode. David Kris covers a report from the Privacy and Civil Liberties Oversight Board on the enormous value that European governments get in fighting terrorism from the same American surveillance programs that European institutions have been fighting for twenty years to shut down. It's a delightful takedown of European virtue-signaling, and I hope the Biden Administration gives the PCLOB a new name and mission in honor of the report. But we begin the news roundup with a review of the U.S.-China tech relationship and how it might change under a Biden administration. The Justice Department has issued itself a glowing report card for its contribution to decoupling—the opening of new China-related counterintelligence case every 10 hours. I wonder how long this can go on before China starts arresting American businessmen—and kicks off another round of decoupling. Speaking of decoupling, the latest legislation aimed at prison labor in China may be getting uncomfortably close to hitting Apple, which is quietly lobbying to water down a bill that most of us expect to pass soon by overwhelming majorities. Megan Stifel and I conclude that the provision that probably scares Apple most is an obligation to make representations about whether the company's products include parts made with prison labor. That is increasingly difficult to figure out as China has limited audits for such purposes, putting Apple in an increasingly tight spot. Sympathy for Tim Cook is in short supply. Speaking of legacy burnishing, the Trump White House has issued its own set of guidelines for federal agencies using artificial intelligence (AI). Nick Weaver thinks it's actually not bad—light touch on most topics—which may be the nicest thing he's said about a product of this White House in four years. Sticking with AI, Nick comments on the prospect for putting humans in the loop of AI decision making. He thinks that's a recipe for lousy AI, and that campaigns to get a “Human in the Loop” for lethal systems have already lost the technology fight. At best, we can hope to have our poky old brains “on the loop” in future AI conflicts. More good news: There is an IOT security bill that Megan and I both like (Megan more than I) and that Congress has passed and sent to the President for signature. It only sets standards for IOT that the federal government buys, but that's a good first step. As a former NSAer, I explain “GCHQ envy” to David, and he provides the latest reason why it must be rampant at the Fort this year, as the agency introduces a new offensive cyber unit to take on organized crime and hostile states. David also takes on the question whether there's a legal problem with the U.S. military buying location data from apps companies. Short answer: Nope. Megan explains a now-patched Facebook Messenger bug that would have allowed hackers to listen in on users. Nick tells us why the FBI needed to hire robots to retrieve sensitive files. Megan gives us some staggering statistics about the prevalence of ransomware. Hint: if you thought COVID-19 was a pandemic, you ain't seen nothin' yet. I give a quick summary of the TikTok and WeChat ban litigation, where the government is unlimbering a host of new technical arguments. I give a shoutout to Sean Joyce, whose principles led him to walk away from what is probably going to be serious money when Airbnb goes public. The company's leadership let him argue against giving data about individual users to the Chinese government before the users actually move in. But the debate ended when one of the execs opined, “We're not here to promote American values.” That may not be a good look for Airbnb, but it is for Joyce, who left the company within weeks over the principle. And, finally, it turns out that the FCC is in its last weeks of Trump legacy burnishing; facing a deadline in January 2020, it had to choose between starting to write regulations about the scope of section 230 and dealing with foreign products in the 5G infrastructure. It chose 5G. And more. Download the 339th Episode (mp3) You can subscribe to The Cyberlaw Podcast using iTunes, Google Play, Spotify, Pocket Casts, or our RSS feed. As always, The Cyberlaw Podcast is open to feedback. Be sure to engage with @stewartbaker on Twitter. Send your questions, comments, and suggestions for topics or interviewees to CyberlawPodcast@steptoe.com. Remember: If your suggested guest appears on the show, we will send you a highly coveted Cyberlaw Podcast mug! The views expressed in this podcast are those of the speakers and do not reflect the opinions of their institutions, clients, friends, families, or pets.

Privacy: A Whole New World - or is it? (w/ Travis LeBlanc)

Serious Privacy

Play Episode Play 30 sec Highlight Listen Later Aug 18, 2020 44:34

With all the recent changes in privacy laws, it seems like a whole new world. Or perhaps not. In this episode, we connect with Travis LeBlanc, a well-seasoned professional with insight into government actions to discuss recent privacy developments through the lens of past actions. He was the chief of the Federal Communications Commission’s (FCC) Enforcement Bureau in the Obama years, worked as senior adviser to former California Attorney General - and now Vice-Presidential nominee - Kamala D. Harris and as special assistant attorney general of California. Today, he is the vice chair of Cooley’s cyber, data and privacy practice, a role he combines with the membership of the Privacy and Civil Liberties Oversight Board of the United States.Join Paul Breitbarth and K Royal in this episode to discuss the changing world of privacy. Given the overlapping years, where Paul was with the Working Party 29 in Europe and Travis was with the FCC, Paul and Travis relived some of their shared experiences. But the conversation was not limited to regulator reminiscing. We discussed a variety of issues, from Schrems-II, the possibility of U.S. federal legislation on the horizon, and the CPRA, which also led to social justice issues.ResourcesTrustArc Privacy Shield Ruling Resources https://trustarc.com/trustarcs-privacy-shield-schrems-resource/https://oag.ca.gov/news/press-releases/attorney-general-kamala-d-harris-launches-new-tool-help-consumers-report

NSA's Call Detail Records Program: Travis LeBlanc of the PCLOB

congress records privacy detail nsa edward snowden leblanc usa freedom act civil liberties oversight board

Play Episode Listen Later Mar 11, 2020 42:11

The NSA's use of call detail records to spot cross-border terror plots has a long history. It began life in deepest secrecy, became public (and controversial) after Edward Snowden's leaks and was then reformed in the USA Freedom Act. Now it's up for renewal, and the Privacy and Civil Liberties Oversight Board, or PCLOB, has weighed in with a deep report on how the program has functioned – and why NSA has suspended it. In this episode, I interview Travis LeBlanc, a PCLOB Member, about the report and the program. Travis is a highly effective advocate, bringing me around on several issues, including whether the program should be continued and even whether the authority to revive it would be useful. It's a superb guide to a program whose renewal is currently being debated (against a March 15 deadline!) in Congress.

2019 Cato Institute Surveillance Conference - PANEL – "A Conversation with the Privacy and Civil Liberties Oversight Board"

Cato Event Podcast

Play Episode Listen Later Dec 6, 2019 62:02

Not since the 1970s have intelligence activities — and intelligence oversight — been as central to America’s domestic political discourse as they are today. From presidential impeachment to election security, from explosive allegations of political wiretapping to debates over the regulation of social media platforms, U.S. spy agencies — as well as the myriad overseers tasked with checking their power — seem to play central roles in the most contentious issues of the day. The common thread is the tension always inherent to intelligence in a democratic society: the need to make necessarily secretive spy agencies accountable to the political branches of government but independent of politics. Yet even as intelligence agencies face unprecedented public scrutiny — and seek to meet unprecedented demands for transparency — the scale and complexity of their work has left many wondering whether meaningful control is possible.The 2019 Cato Institute Surveillance Conference will explore that question with a special focus on the people and institutions tasked with watching the watchers, including congressional committees, inspectors general, independent privacy boards, and courts. See acast.com/privacy for privacy and opt-out information.

america conference panel privacy surveillance cato institute civil liberties oversight board

A coalition roundtable on repealing the strange new tax on nonprofits

Capitol Conversations

Play Episode Listen Later Nov 12, 2019 29:21

Jeff and Chelsea are joined by friends and coalition partners Miriam Harmer and Brian Walsh to discuss our advocacy work for a bipartisan repeal of the new tax on nonprofits and, for the first time in American history, houses of worship. Guest biography Miriam Harmer is Director of Congressional Affairs at the Orthodox Union where she works to promote the OU's interest in energy, education, Israel, and religious freedom issues. A veteran of four presidential campaigns, Miriam has spent much of her professional career with the United States House of Representatives and Senate. As a Hill staffer, Miriam was a Legislative Assistant for Representative Rob Bishop, Counsel for Senator Bob Bennett, and most recently a Legislative Counsel for Senator Mike Lee, where she advised him in his position on the Senate Foreign Relations Committee. Prior to her time on the Hill, Miriam clerked in the office of Utah's Attorney General and with the law firm of Oldaker, Biden & Belair. Brian Walsh is a Washington, D.C.-based attorney and serves as Executive Director of the Faith & Giving Coalition, a multi-religious, multi-denominational initiative working to protect and promote faith-based and other charitable giving. Walsh previously served as Senior Legal Research Fellow at the Heritage Foundation and as executive director of an Ethics and Public Policy Center research program on freedom of religion and conscience. Walsh has testified before committees of the U.S. Senate and U.S. House of Representatives as well as the White House Privacy and Civil Liberties Oversight Board. His commentary has appeared in numerous publicans such as USA Today and The Wall Street Journal, and he has been interviewed on multiple networks including CNBC, CNN, Fox News, MSNBC, and NPR. Walsh was a commercial litigation associate with the international law firm of Kirkland & Ellis in Washington, D.C., and with Willcox & Savage in Norfolk, Virginia. He served as a law clerk to Judge Pasco M. Bowman on the U.S. Court of Appeals for the Eighth Circuit. Resources from the Conversation ERLC Supports Technical Fix of Tax Law on Church Parking Taxation Russell Moore's article in the Wall Street Journal | Stop the Tax on Houses of Worship Orthodox Union Advocacy Center ERLC | Capitol Conversation Podcast

A coalition roundtable on repealing the strange new tax on nonprofits

Capitol Conversations

Play Episode Listen Later Nov 12, 2019

Jeff and Chelsea are joined by friends and coalition partners Miriam Harmer and Brian Walsh to discuss our advocacy work for a bipartisan repeal of the new tax on nonprofits and, for the first time in American history, houses of worship. Guest biography Miriam Harmer is Director of Congressional Affairs at the Orthodox Union where she works to promote the OU’s interest in energy, education, Israel, and religious freedom issues. A veteran of four presidential campaigns, Miriam has spent much of her professional career with the United States House of Representatives and Senate. As a Hill staffer, Miriam was a Legislative Assistant for Representative Rob Bishop, Counsel for Senator Bob Bennett, and most recently a Legislative Counsel for Senator Mike Lee, where she advised him in his position on the Senate Foreign Relations Committee. Prior to her time on the Hill, Miriam clerked in the office of Utah’s Attorney General and with the law firm of Oldaker, Biden & Belair. Brian Walsh is a Washington, D.C.-based attorney and serves as Executive Director of the Faith & Giving Coalition, a multi-religious, multi-denominational initiative working to protect and promote faith-based and other charitable giving. Walsh previously served as Senior Legal Research Fellow at the Heritage Foundation and as executive director of an Ethics and Public Policy Center research program on freedom of religion and conscience. Walsh has testified before committees of the U.S. Senate and U.S. House of Representatives as well as the White House Privacy and Civil Liberties Oversight Board. His commentary has appeared in numerous publicans such as USA Today and The Wall Street Journal, and he has been interviewed on multiple networks including CNBC, CNN, Fox News, MSNBC, and NPR. Walsh was a commercial litigation associate with the international law firm of Kirkland & Ellis in Washington, D.C., and with Willcox & Savage in Norfolk, Virginia. He served as a law clerk to Judge Pasco M. Bowman on the U.S. Court of Appeals for the Eighth Circuit. Resources from the Conversation ERLC Supports Technical Fix of Tax Law on Church Parking Taxation Russell Moore’s article in the Wall Street Journal | Stop the Tax on Houses of Worship Orthodox Union Advocacy Center ERLC | Capitol Conversation Podcast

Episode 10 - Lex Machina, Kira Systems, and Gov't Updates

The Geek In Review

Play Episode Listen Later Sep 5, 2018 33:06

This episode has it all. We talk with Kyle Doviken, Senior Director at Lex Machina about their analytics tool, and about Kyle's passion for helping out in the Austin community through substantial Pro Bono efforts. Greg disturbs a recent third-time father, Noah Waisberg, CEO of Kira Systems to see how the acquisition of $50 million in minority funding will help Kira expand its reach into the legal market and, according to Waisberg, well beyond the legal market. We are adding a new (hopefully) installment of updates on government actions, public policy, and other actions affecting the legal information profession. Emily Feltren, Director of Government Relations at the American Association of Law Libraries fills us in on potential actions coming before the midterm elections, and AALL's push to fill the Privacy and Civil Liberties Oversight Board. Marlene recommends a Netflix movie called American Animals —warning for librarians… rare books are stolen! And, Greg discusses buy vs build.

ceo director netflix privacy senior director american association govt government relations pro bono american animals lex machina civil liberties oversight board aall kira systems

How Justice Scalia's Writing Style Affected American Jurisprudence 11-17-2016

FedSoc Events

Play Episode Listen Later Nov 23, 2016 81:12

In addition to being a brilliant legal thinker, Justice Scalia was widely regarded as a masterful legal writer, perhaps the best of his generation. His gifted prose and frequent use of humor and sarcasm made Justice Scalia's opinions -- whether majority or dissent -- must-reads for lawyers, judges, professors, and law students alike. Commentators from across the philosophical spectrum admired Justice Scalia's writing skill. Just a year before his passing, for example, the New Republic, dubbed Scalia “the foremost living practitioner of performative legal prose." This panel discussion will examine the impact Justice Scalia's writing had on American jurisprudence. Aside from the force of his arguments, what impact did his writing style have on the opinions written by his colleagues on the Supreme Court and judges on lower courts, the briefs filed by practicing lawyers, and even the way law students learned the law? Our panelists will bring a variety of perspectives to this question: former clerk, judge, professors, and critics. -- This panel was held on November 17, 2016, during the 2016 National Lawyers Convention in Washington, DC. -- Featuring: Prof. Brian T. Fitzpatrick, Professor of Law, Vanderbilt Law School; Prof. Toni M. Massaro, Regents' Professor, Milton O. Riepe Chair in Constitutional Law and Dean Emerita, University of Arizona James E. Rogers College of Law; Mr. Kannon Shanmugam, Partner, Williams & Connolly LLP; and Hon. Jeffrey S. Sutton, U.S. Court of Appeals, Sixth Circuit. Moderator: Hon. Joan L. Larsen, Michigan Supreme Court. Introduction: Hon. Rachel Brand, Member, Privacy and Civil Liberties Oversight Board and Senior Advisor to the U.S. Chamber Litigation Center, United States Chamber of Commerce.

The Role of Transparency in Intelligence Programs: A Conversation with Rachel Brand, Carrie Cordero and Alexander Joel