Continuing their conversation on data privacy, host Elisa Poteat and guest Alex Joel dive deeper into the global privacy dilemma. How did the Snowden revelations influence today’s privacy tensions with Europe? And with technology vastly outpacing the law, is Congress having a hard time keeping up? Alex Joel is a Scholar-in-Residence and Adjunct Professor at the Washington College of Law: www.wcl.american.edu/impact/initiat…eam/alex-joel/ References: The Church Committee: www.senate.gov/about/powers-proc…rch-committee.htm The Pike Committee: archive.org/details/PikeCommitteeReportFull Presidential Policy Directive 28: www.fbi.gov/file-repository/ppd…res-signed.pdf/view Executive Order 12333: www.intelligence.senate.gov/sites/defau…ed12333.pdf Alex Joel, "Protect Privacy. That's an Order." Lawfare. April 2021: www.lawfareblog.com/protect-privacy-thats-order Alex Joel, "Getting the T's and C's Right: The Lessons of Intelligence Reform." Just Security. November 2020: www.justsecurity.org/73452/getting-…igence-reform/ Alex Joel, "Seek and Speak the Truth." Just Security. April 2020: www.justsecurity.org/69706/seek-and…eak-the-truth/ Alex Joel, "9/11 All Over Again." Just Security. April 2020: www.justsecurity.org/69706/seek-and…eak-the-truth/ TLS Project: Transatlantic Data Flows in the Wake of Schrems II: www.justsecurity.org/69706/seek-and…eak-the-truth/ The Tech, Law & Security Program American University Washington College of Law: www.wcl.american.edu/impact/initiat…grams/techlaw/ U.S.-EU Privacy Shield: crsreports.congress.gov/product/pdf/IF/IF11613 EU Data Transfer Requirements and U.S. Intelligence Laws: Understanding Schrems II and It'sImpact on the EU-U.S. Privacy Shield: crsreports.congress.gov/product/pdf/R/R46724 Government access to personal data held by the private sector: Statement by the OECD Committee on Digital Economy Policy: www.oecd.org/digital/trusted-go…private-sector.htm

National Security Law Today

How the Global Privacy Crackdown Will Alter National Security with Alex Joel (Part 2)

What is happening globally to the concept of data privacy? In this week’s hot topic discussion, host Elisa Poteat is joined by Alex Joel to examine the U.S. data privacy mindset, how that mindset differs from Europe’s, and what regulations might be expected in the future. Alex Joel is a Scholar-in-Residence and Adjunct Professor at the Washington College of Law: https://www.wcl.american.edu/impact/initiatives-programs/techlaw/our-team/alex-joel/ References: The Church Committee: https://www.senate.gov/about/powers-procedures/investigations/church-committee.htm The Pike Committee: https://archive.org/details/PikeCommitteeReportFull Presidential Policy Directive 28: https://www.fbi.gov/file-repository/ppd-28-policies-procedures-signed.pdf/view Executive Order 12333: https://www.intelligence.senate.gov/sites/default/files/laws/amended12333.pdf Alex Joel, "Protect Privacy. That's an Order." Lawfare. April 2021: https://www.lawfareblog.com/protect-privacy-thats-order Alex Joel, "Getting the T's and C's Right: The Lessons of Intelligence Reform." Just Security. November 2020: https://www.justsecurity.org/73452/getting-the-ts-and-cs-right-the-lessons-of-intelligence-reform/ Alex Joel, "Seek and Speak the Truth." Just Security. April 2020: https://www.justsecurity.org/69706/seek-and-speak-the-truth/ Alex Joel, "9/11 All Over Again." Just Security. April 2020: https://www.justsecurity.org/69706/seek-and-speak-the-truth/ TLS Project: Transatlantic Data Flows in the Wake of Schrems II: https://www.justsecurity.org/69706/seek-and-speak-the-truth/ The Tech, Law & Security Program American University Washington College of Law: https://www.wcl.american.edu/impact/initiatives-programs/techlaw/ U.S.-EU Privacy Shield: https://crsreports.congress.gov/product/pdf/IF/IF11613 EU Data Transfer Requirements and U.S. Intelligence Laws: Understanding Schrems II and It'sImpact on the EU-U.S. Privacy Shield: https://crsreports.congress.gov/product/pdf/R/R46724 Government access to personal data held by the private sector: Statement by the OECD Committee on Digital Economy Policy: https://www.oecd.org/digital/trusted-government-access-personal-data-private-sector.htm

How the Global Privacy Crackdown Will Alter National Security with Alex Joel (Part 1)

Part 2 of 2 – Algorithms are everywhere – feeding us daily news, friend suggestions, and targeted ads. Yet, the majority of us have neither the training nor the access to truly understand how these systems impact us and what protocols govern them. In part two of this series, hosts Elisa and Yvette sit down with Alex Stamos to talk all things algorithmic. How do we regulate amplification? Will Section 230 reform affect these platforms? And how can we better educate the masses on these issues? Alex Stamos is the Director of the Stanford Internet Observatory: cisac.fsi.stanford.edu/people/alex-stamos-0 References: Section 230, Communication Decency Act:  www.law.cornell.edu/uscode/text/47/230 The Election Integrity Partnership: www.eipartnership.net/ Persily, Nathaniel, and Joshua A. Tucker. Social Media and Democracy: the State of the Field, Prospects for Reform. Cambridge University Press, 2020: www.cambridge.org/core/books/socia…56A5CC393698F117 Benkler, Yochai, et al. Network Propaganda: Manipulation, Disinformation, and Radicalization in American Politics. Oxford University Press, 2018: oxford.universitypressscholarship.com/view/1…923624

Algorithms – Who’s in Control? with Alex Stamos (Part 2)

Algorithms are everywhere – feeding us daily news, friend suggestions, and targeted ads. Yet, the majority of us have neither the training nor the access to truly understand how these systems impact us and what protocols govern them. In this two part series, hosts Elisa and Yvette sit down with Alex Stamos to talk all things algorithmic. What is microtargeting? Who monetizes from sharing disinformation? And how have these systems and platforms changed our political landscape? What does the future look like? Alex Stamos is the Director of the Stanford Internet Observatory: https://cisac.fsi.stanford.edu/people/alex-stamos-0 References: The Election Integrity Partnership: https://www.eipartnership.net/ Persily, Nathaniel, and Joshua A. Tucker. Social Media and Democracy: the State of the Field, Prospects for Reform. Cambridge University Press, 2020: https://www.cambridge.org/core/books/social-media-and-democracy/E79E2BBF03C18C3A56A5CC393698F117 Benkler, Yochai, et al. Network Propaganda: Manipulation, Disinformation, and Radicalization in American Politics. Oxford University Press, 2018: https://oxford.universitypressscholarship.com/view/10.1093/oso/9780190923624.001.0001/oso-9780190923624

Algorithms – Who’s in Control? with Alex Stamos (Part 1)

Following President Biden’s recent meeting with Russian leader Vladimir Putin, we’re rebroadcasting our timely podcast discussion with Robert Dannenberg, who served in the CIA for 24 years. He discusses Putin's history and worldview, how he views NATO and the United States, and why Russia launched interference campaigns against US elections. To hear Part 2 of this interview, check out “Politics of Putin Part 2: Attacking American Elections” https://podcasts.apple.com/us/podcast/national-security-law-today/id1276946676?i=1000490707618 This episode references: "Alexei Navalny: Russia opposition leader poisoned with Novichok - Germany" BBC, September 2, 2020 www.bbc.com/news/world-europe-54002880 "Trolls, tracking and films: How Putin's Russia obsessively hounded opposition leader Navalny" Washington Post, August 29, 2020 www.washingtonpost.com/world/europe/…a5_story.html Senate Select Committee on Intelligence Report on Russian Active Measures Campaigns and Interference in the 2016 U.S. Election, Volumes 1-5 www.intelligence.senate.gov/publication…ve-measures Statement by NCSC Director William Evanina: Election Threat Update for the American Public, August 7, 2020 www.dni.gov/index.php/newsroom/…the-american-public Robert Dannenberg is a former CIA officer who served as Chief of Operations for the Counter Terrorism Center, Chief of the Central Eurasia Division and Chief of the CIA’s Information Operations Center. www.susandavis.com/robert-dannenberg/

Politics of Putin: Why he's attacking NATO, the EU and America's free and fair elections

This week, hosts Elisa and Yvette breakdown the latest in national security news, from newly nominated cybersecurity officials, to upcoming cases on the Supreme Court docket, and the latest Air Force contract making strides towards a 3D printed supply chain. This episode references: U.S. v. Zubaydah (20-827): https://www.supremecourt.gov/qp/20-00827qp.pdf FBI v. Fazaga (20-828): https://www.supremecourt.gov/qp/20-00828qp.pdf U.S. v. Tsarnaev (20-443): https://www.supremecourt.gov/qp/20-00443qp.pdf NDAA, 2021: https://www.congress.gov/116/bills/hr6395/BILLS-116hr6395enr.pdf NSLT Episode, “Politics of Putin: Why he’s attacking NATO, the EU and America’s free and fair elections.” https://podcasts.apple.com/us/podcast/national-security-law-today/id1276946676?i=1000490006194 ABA Standing Committee on Law and National Security: https://www.americanbar.org/groups/law_national_security/

News Roundup – SCOTUS, FISA, and 3D Printed Jet Engines

What is the difference between a whistleblower and a leaker? What are the various pathways a whistleblower can take when bringing information forward? And once a claim is made, how are discretion and protection built into the process? In this week’s episode, we hear from a panel of legal experts on the complexities of whistleblowing. They discuss the various roles lawyers play between government counsel, private counsel, and inspector general, as well as the importance of whistleblowers to the intelligence community. This panel is moderated by Dawn Eilenberger, former Deputy Director of National Intelligence: https://drive.google.com/file/d/1GgQiFOgDGX0Ii7QKK05SXyVNKv1o2S4Y/view?usp=sharing Speakers: Michael Atkinson is a Partner at Crowell & Moving LLP, and former ODNI Inspector General: https://www.crowell.com/Professionals/Michael-Atkinson Joel Brenner is a Senior Research Fellow at the MIT Center for International Studies, and former NSA Inspector General: https://ssp.mit.edu/people/joel-brenner Jason Klitenic is a Partner at Holland & Knight, and former General Counsel, ODNI: https://www.hklaw.com/en/professionals/k/klitenic-jason Mark Zaid is the Managing Partner at Mark S. Zaid, PC, and Co-Founder of Whistleblower Aid: https://markzaid.com/zaid/ This webinar was cosponsored by the Council on Intelligence Issues: http://intelissues.com/home.aspx To view the full webinar: https://www.americanbar.org/groups/law_national_security/ Check out the Committee on Law and National Security's book, “Whistleblowers, Leaks and the Media: The First Amendment and National Security" available at https://www.americanbar.org/products/inv/book/137391052/ **use CODE WHISTLE50 for the special 50% discount**

Whistleblowers – The Legal and Practical Challenges

Part 2 of 2 – The Biden Administration will be withdrawing all American troops from Afghanistan in the coming months, aiming to close out what has now been 20 years of U.S. military presence in the country. But where does this leave us with Iraq? In this week’s episode, hosts Elisa and Yvette sit down with author Robert Draper to discuss his new book, To Start a War: How the Bush Administration Took America Into Iraq. Together, the three discuss the book’s central characters, the detailed and complex decision making that brought us into Iraq, and what we’ve learned looking back. Robert Draper, "To Start a War: How the Bush Administration Took America into Iraq," July, 2020. www.barnesandnoble.com/w/to-start-a-…er/1134237302Robert Draper Amazon author page: www.amazon.com/Robert-Draper/e/B…ng_rwt_scns_share Robert Draper, "Liz Cheney vs. MAGA." New York Time Magazine. April 2021. www.nytimes.com/2021/04/22/magazi…eney-vs-maga.html Follow Robert on Twitter: https://twitter.com/DraperRobert?s=20 And Facebook: https://www.facebook.com/Robert-Draper-406384372706205/

To Start a War with Robert Draper (Part 2)

The Biden Administration will be withdrawing all American troops from Afghanistan in the coming months, aiming to close out what has now been 20 years of U.S. military presence in the country. But where does this leave us with Iraq? In this week’s episode, hosts Elisa and Yvette sit down with author Robert Draper to discuss his new book, To Start a War: How the Bush Administration Took America Into Iraq. Together, the three discuss the book’s central characters, the detailed and complex decision making that brought us into Iraq, and what we’ve learned looking back. Robert Draper, "To Start a War: How the Bush Administration Took America into Iraq," July, 2020. https://www.barnesandnoble.com/w/to-start-a-war-robert-draper/1134237302 Robert Draper Amazon author page: https://www.amazon.com/Robert-Draper/e/B001HD0SBK%3Fref=dbs_a_mng_rwt_scns_share Robert Draper, "Liz Cheney vs. MAGA." New York Time Magazine. April 2021. https://www.nytimes.com/2021/04/22/magazine/liz-cheney-vs-maga.html

To Start a War with Robert Draper (Part 1)

Last week President Biden signed an executive order designed to modernize the federal government's response to cyberattacks. This new EO proposes an array of actions, including facilitating increased information sharing, improving software security, enhancing cybersecurity standards and processes for government systems; and establishing a cybersecurity safety review board. In this week’s episode, moderator Maureen Kelly sits down with Jen Daskal and Dan Sutherland to discuss all these key components and more. Dan Sutherland is the Chief Counsel at CISA: https://www.cisa.gov/dan-sutherland Jen Daskal is the Deputy General Counsel at the DHS: https://drive.google.com/file/d/1xWcvGHiFo1Yf72DOkTm6RVuHwQYfa_bB/view?usp=sharing References: Executive Order on Improving the Nation’s Cybersecurity: https://www.whitehouse.gov/briefing-room/presidential-actions/2021/05/12/executive-order-on-improving-the-nations-cybersecurity/ Executive Order Fact Sheet: https://www.whitehouse.gov/briefing-room/statements-releases/2021/05/12/fact-sheet-president-signs-executive-order-charting-new-course-to-improve-the-nations-cybersecurity-and-protect-federal-government-networks/ Dan Sutherland, “What Is a Cybersecurity Legal Practice?” April 2, 2021. https://www.lawfareblog.com/what-cybersecurity-legal-practice CISA Resources on Ransomware: https://www.cisa.gov/ransomware

New Executive Order – Improving the Nation’s Cybersecurity

Is our legal system prepared for attacks like we saw on the Colonial Pipeline last week? In a functioning democracy, is it appropriate for a private company like Facebook to be so important to electoral success? And as COVID cases in India surge, what are the legal complexities of easing vaccine intellectual property rights in order to help our global counterparts? Bill Banks and Yvette Bourcicot sit down to discuss all these national security law issues and more. William Banks is a professor at Syracuse Law School and the Chair of the ABA Standing Committee on Law and National Security: law.syr.edu/profile/william-banks1 References: CDC Covid Data Tracker: https://covid.cdc.gov/covid-data-tracker/#datatracker-home CDC Global COVID Cases Counter: https://covid.cdc.gov/covid-data-tracker/#global-counts-rates NSLT Ep. 160, What Lawyers Need to Know about FARA Enforcement with David Laufman: https://www.americanbar.org/groups/law_national_security/nslt/20210204-fara-enforcement/

News Roundup – Colonial Pipeline, Guliani, Facebook Oversight – Where's the Policy and more

Risk assessment and strategic planning are essential to any effort to protect and enhance national security. The areas in which such analysis and planning must take place — and the extent to which such planning is necessary — are expanding rapidly, however, raising questions about what preparedness means in the 21st century national security environment.This panel will discuss the legal authorities and the ingredients for good legal advice across a range of crisis areas. In particular, the panel will examine the legal framework for federal, state and local responses — and coordination among federal, state and local authorities for preparedness — and the ingredients for good legal advice before and in crisis situations. NOTE: The full webinar can be found at https://www.americanbar.org/natsecurity under “National Security CLE Webinars – Recordings” Speakers: Paul Rosenzweig is a Resident Senior Fellow for Cybersecurity and Emerging Threats at the R Street Institute: https://www.rstreet.org/team/paul-rosenzweig/ Lisa Morris is the Deputy Attorney General, Civil Division, of the Delaware Department of Justice: https://drive.google.com/file/d/14cMm-gfK6_S-tf-j0ENMMGHGsjh-6bKZ/view?usp=sharing Susan Ginsburg is the Founder and CEO of Criticality Sciences: https://drive.google.com/file/d/1DTSBkiA66oF87cOmP-53gczMsVGzs5LZ/view?usp=sharing Bob Kolasky is the Director of the National Risk Management Center at CISA: https://www.cisa.gov/bob-kolasky References: Andy Keiser, Securing the Key to the Future: Countering the Threat from State-Backed Chinese Semiconductor Companies, Center for the Study of the Presidency and Congress, October 2020. https://static1.squarespace.com/static/5cb0a1b1d86cc932778ab82b/t/5f9ae206ef715743168a96e2/1603985933848/CSPC+Semiconductor+White+Paper.pdf Bob Kolasky, A Risk-Based Approach to National Cybersecurity, January 14, 2021 https://www.cisa.gov/blog/2021/01/14/risk-based-approach-national-cybersecurity Congressional Research Service, Congressional Primer on Responding to and Recovering from Major Disasters and Emergencies, June 3, 2020 https://crsreports.congress.gov/product/pdf/R/R41981 Cyberlaw Podcast, Cybersecurity-A British Perspective, February 2021 https://www.steptoecyberblog.com Overview of Stafford Act Support to States https://www.fema.gov/pdf/emergency/nrf/nrf-stafford.pdf#:~:text=National%20Response%20Framework:%20Stafford%20Act%20Support%20to%20States,are%20affected%20by%20a%20major%20disaster%20or%20emergency. State of Delaware, Executive Order Number Twelve (July 2017) https://governor.delaware.gov/wp-content/uploads/sites/24/2017/07/Executive-Order-Number-12.pdf State of Delaware, Title 20 Chapter 34 https://delcode.delaware.gov/title20/c034/index.html State of Delaware, Title 29 Chapter 90c https://delcode.delaware.gov/title29/c090c/sc03/index.html Appendices from the Sourcebook for Public-Private Partnerships for Security and Resilience 2018: Appendix C: https://www.americanbar.org/content/dam/aba/administrative/law_national_security/appendix-c.pdf Appendix E: https://www.americanbar.org/content/dam/aba/administrative/law_national_security/appendix-e.pdf

Crisis Preparedness and Response

The theme for Law Day 2021 is "Advancing the Rule of Law Now." In honor of Law Day, this week's episode showcases highlights from this year's program, Advancing the Rule of Law Now: A Global Perspective. This program explores the rule of law from an international perspective, specifically, the role of the United States within the international rule of law landscape. The rule of law is the bedrock of American rights and liberties, but the United States also serves, for many, as a beacon of sustained rule of law around the world. How has this changed in recent years? How do rule of law moments in the United States affect other countries? Can the United States still claim a leadership role when it comes to the rule of law? These questions and more will be discussed. Speakers include: Patricia Lee Refo, President, American Bar Association: https://www.americanbar.org/groups/leadership/aba_officers/patricia-lee-refo/ Will A. Gunn, National Law Day Chair: https://www2.usafa.org/AOG/Bio_WillGunn Elizabeth Andersen, World Justice Project: https://worldjusticeproject.org/about-us/who-we-are/staff/elizabeth_andersen Ashley Quarcoo, Carnegie Endowment for International Peace: https://carnegieendowment.org/experts/1748 Jenny Gesley, Foreign Law Specialist, Law Library of Congress: https://blogs.loc.gov/law/author/jges/ Temuri Yakobashvili, Former Ambassador of Georgia to the United States: https://worldfellows.yale.edu/person/temuri-yakobashvili/ Visit lawday.org for more information and all 2021 Law Day resources. Please explore these resources concerning the rule of law from the ABA, the Law Library of Congress, and the World Justice Project: https://worldjusticeproject.org/our-work/research-and-data/wjp-rule-law-index-2020 The ABA produced a short video exploring what "rule of law" is. https://www.americanbar.org/groups/public_education/resources/rule-of-law/

Law Day Special – Advancing the Rule of Law Now: A Global Perspective

In partnership with the ABA Law Student podcast, host Meg Steenburgh sits down with national security expert, Standing Committee on Law and National Security Chair, and Syracuse University professor William Banks, as he sheds light on how current events interact with our nation’s security and the law. William Banks is a professor at Syracuse Law School and the Chair of the ABA Standing Committee on Law and National Security: http://law.syr.edu/profile/william-banks1 ABA Law Student Podcast: https://abaforlawstudents.com/stay-informed/law-student-podcast/ ABA Law Student Division: https://www.americanbar.org/groups/law_students/

Critical Issues in National Security Law

Most security issues in government present leadership challenges and might in the first instance, best be addressed with effective leadership. In the next instance, such issues present process challenges; getting the process right leads to better policy and to better results. Only in the third instance are issues resolved through law, in part because you cannot legislate leadership. National security lawyers play an essential role in all three areas: Leadership, process, and law. COVID-19 has presented new and unparalleled leadership, process, and legal challenges at the federal, state, and local level, for lawyers, as well as public health officials. COVID-19 has also given lawyers renewed opportunity to consider and understand what it means to be a national security lawyer and to swear an oath to uphold and defend the Constitution. Judge James Baker and Amy Jeffress lead a discussion of the role of ethics and leadership in defining the role of today’s national security lawyers. Amy Jeffress is a partner at Arnold & Porter, and co-chairs the White Collar Defense & Investigations practice: https://www.arnoldporter.com/en/people/j/jeffress-amy Hon. James E Baker is the Director of the Institute of Security Policy and Law at Syracuse University: http://law.syr.edu/profile/the-hon.-james-e.-baker References: James E. Baker, "Leadership in a Time of Pandemic: Act Well the Given Part." Journal of National Security Law and Policy, Volume 11, Issue 1. October 2020. https://jnslp.com/wp-content/uploads/2020/12/Leadership-in-a-Time-of-Pandemic_2.pdf

Leadership, Ethics and COVID-19

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