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National Security Law

Reauthorization of Section 702 - Podcast

International & National Security Law Practice Group Podcast
Adam T. Klein, Kate Martin, Karen J. Lugo July 19, 2017

Section 702 of the Foreign Intelligence Surveillance Act (FISA) is up for reauthorization in 2017. An earlier version of the program was instituted after 9/11 by President George W. Bush. In 2007, Congress adopted the Protect America Act and one year later passed the FISA Amendments Act, which included Section 702. Section 702 allows the government to target for surveillance non-U.S. citizens “reasonably believed to be located outside the United States to acquire foreign intelligence information.” The authorization does not extend to non-citizens outside the country to gain information on citizens or permanent residents believed to be residing in the United States.

While proponents of the law argue it is necessary for national security, critics claim that U.S. citizens are too often incidentally swept into surveillance due to the nature of the “targeting procedures” employed by intelligence agencies, and therefore reforms are needed to protect their privacy. Our experts discussed reauthorization, what it would mean if Congress chose not to act, and what kinds of reforms are under consideration.

.Featuring: 

  • Adam Klein, Senior Fellow, Center for a New American Security
  • Kate Martin, Senior Fellow, Center for American Progress 
  • Moderator: Karen Lugo, Founder, Libertas-West Project

National Intelligence Reform - Podcast

International & National Security Law Practice Group Podcast
Benjamin Powell, David R. Shedd, Matthew R.A. Heiman June 14, 2017

During the presidential campaign, there were calls for changes to the Office of the Director of National Intelligence (ODNI), a federal agency created in response to the events of 9/11 to ensure that the seventeen organizations that make up the intelligence community act in a coordinated fashion. Following President Trump’s inauguration, former Senator Dan Coats was appointed as the Director of National Intelligence (DNI). There has also been significant media coverage around the relationship between the intelligence community and the President. During this Teleforum, we were joined by intelligence experts to discuss the relationship between the President and the intelligence community, whether the ODNI is in need of reform, and the top priorities of DNI Coats. 

Featuring: 

  • Benjamin Powell, Partner, Wilmer Cutler Pickering Hale and Dorr LLP
  • David Shedd, Advisory Board Member, Beacon Global Strategies LLC
  • Moderator: Matthew R. A. Heiman, Vice President, Corporate Secretary & Associate General Counsel, Johnson Controls

Foreign Government Partnerships - Podcast

International & National Security Law Podcast
Ryan C. Crocker, William K Lietzau, Salli A. Swartz, Adam R. Pearlman March 15, 2017

Historically, protecting national security meant protecting one’s own citizens and sovereign territory from the threats or opposing interests of other nation-states. The concept has broadened, however, as transnational terrorists act with unprecedented scale and range: the threats they pose are of a magnitude previously only possible for nation-states, and they act indiscriminately among the several countries they feel justified in attacking. The United States’ interest in defeating these actors, then, is one that is shared by many other countries that are not necessarily our allies in a larger sense.

In this the final episode of our three-part Security Partnership Series, we discussed the benefits and limits of partnerships with foreign government agencies for counterterrorism purposes. What conditions form the basis of a productive partnership?  How might such partnerships compromise our operations? How do we decide how much information to share?  Does partnering with a foreign country’s intelligence agency limit our own independent intelligence gathering capabilities?  Perhaps most controversially – what limits can or should be imposed on the methods used to collect the counterterrorism intelligence to be shared? Of the foreign governments that have publicly complained about the United States’ use of certain signals intelligence capabilities, do their intelligence agencies nevertheless desire the information collected? Likewise, although the United States has banned certain interrogation methods domestically, might our intelligence agencies nevertheless want to obtain human intelligence information gathered by foreign agencies using those or other similar methods?

Featuring:

  • Amb. Ryan C. Crocker , Dean of the Bush School of Government and Public Service, Texas A&M University
  • William K Lietzau, Vice President, Deputy General Counsel, PAE 
  • Salli A. Swartz, Partner, Artus Wise Partners 
  • Moderator: Adam Pearlman, Special Advisor to the International and National Security Law Practice Group 

Public-Private Partnerships in Cybersecurity and Technology - Podcast

International & National Security Law Practice Group Podcast
Catherine B. Lotrionte, Adam Segal, Adam R. Pearlman February 28, 2017

The second Teleforum in our Security Partnership Series examined the complex mechanics and ethics of cyber partnerships and many important questions. Should government agencies be enlisting private security firms to help prevent hacking into their own systems? On the other hand, should insurance companies require private company customers to do the same? Should private corporations, particularly financial institutions, be required to report hacking incidents to the federal government, and, if so, to what agency, for what purpose? Consumer protection? Economic security? What are the lawful responses to being hacked for government or industry? Is the best defense a good offense? How effective are today’s consumer-level encryption algorithms? Does public/private cooperation on the cybersecurity front impact private companies’ willingness and ability to cooperate with intelligence investigations under the supervision of the Foreign Intelligence Surveillance Court?

As behavior in the cyber domain has perhaps become the most ubiquitous asymmetric threat to modern life, governments, companies, and individuals each have unprecedented exposure to theft and sabotage. Home networks are compromised through connected thermostats; commercial airliners’ flight controls have been hacked through in-flight entertainment systems; passwords and credit card data are stored on servers that are the targets of daily hacking attempts, with that data often appearing for sale online.

Featuring:

  • Prof. Catherine B. Lotrionte, Director of the Institute for Law, Science and Global Security and Visiting Assistant Professor of Government and Foreign Service, Georgetown University
  • Adam Segal, Ira A. Lipman Chair, Emerging Technologies & National Security and Director of the Digital & Cyberspace Policy Program, Council on Foreign Relations (CFR)
  • Moderator: Adam Pearlman,Special Advisor to the International and National Security Law Practice Group 

 

Federal, State, Local, and Tribal Partnerships Feat. Governor Tom Ridge - Podcast

International & National Security Law Practice Group Podcast
Tom Ridge, Adam R. Pearlman February 17, 2017

Over the last fifteen years, homeland security has become a field unto itself. The United States Department of Homeland Security (DHS) has become the second-largest federal executive department in the number of people it employs, and includes three law enforcement agencies and a military service (the United States Coast Guard). But the heavy responsibility of keeping Americans safe at home extends well beyond the jurisdiction of that department alone. Still at the federal level, the Department of Justice has four law enforcement agencies of its own, the Department of Defense is authorized to support domestic law enforcement and disaster response operations under certain circumstances (consistent with the Posse Comitatus Act), and the Departments of State, Treasury, Interior, Transportation, and Energy all have components that perform some domestic security-related functions.

Vertical integration has also been a strategic focus. DHS-led intelligence fusion centers, and Federal Bureau of Investigation (FBI) led Joint Terrorism Task Forces (JTTF) each include non-federal, that is state, local, or tribal personnel to help accomplish their missions, and surplus military-grade equipment has increasingly proliferated into local law enforcement. Each of these measures is controversial, with some municipalities attempting to limit by legislation their police forces’ participation in JTTFs, and many observers criticizing the increased “militarization” of law enforcement. Further, the rise of so-called “sanctuary cities” also pits some localities against federal immigration laws in ways that may have significance for counterterrorism efforts.

This first episode in our Security Partnership Teleforum Series explored the limits of federal, state, local, and tribal cooperation. Can and should federal authorities commission local law enforcement to surveil potential threats, and compel compliance with immigration enforcement efforts? How blurred is the line now between “domestic surveillance” for “domestic security” purposes (to which the Fourth Amendment applies) and broader national security concerns that have a foreign intelligence nexus that might be governed by the Foreign Intelligence Surveillance Act? Are there limits on how technologies developed for intelligence gathering purposes may be used in law enforcement missions? What limits should there be on the military’s supplying equipment and training to law enforcement agencies?

Featuring:

  • Governor Tom Ridge, Chairman, Ridge Global, Formerly the First Secretary of the U.S. Department of Homeland Security, Former Governor of Pennsylvania
  • Moderator: Adam R. Pearlman, Special Advisor, International and National Security Law Practice Group