Surveillance, National Security, and Privacy: The PCLOB Report on Section 702 Surveillance - Podcast

International & National Security Law Practice Group Podcast
Rachel Brand, James X. Dempsey, Matthew R.A. Heiman August 14, 2014

The Privacy and Civil Liberties Oversight Board (PCLOB) recently released its report on the surveillance program authorized under Section 702 of the Foreign Intelligence Surveillance Act. The report includes an evaluation of whether the surveillance program comports with the terms of the statute, an evaluation of the Fourth Amendment issues raised by the program, and a discussion of the treatment of non-U.S. persons under the program. Also, the report makes policy recommendations for the program going forward. Two members of the PCLOB will discuss the report on this Teleforum and answer audience questions.

  • Hon. Rachel Brand, Chief Counsel for Regulatory Litigation, National Chamber Litigation Center, United States Chamber of Commerce; Member, Privacy and Civil Liberties Oversight Board; former Assistant U.S. Attorney General for Legal Policy, United States Department of Justice
  • Hon. James X. Dempsey, Senior Counsel, Center for Democracy & Technology; Member, Privacy and Civil Liberties Oversight Board
  • Moderator: Matthew R.A. Heiman, Vice President, Chief Compliance & Ethics Officer, Tyco

Privacy and National Security: The Merits of the Leahy FISA Reform Bill - Podcast

International & National Security Law Practice Group Podcast
Stewart A. Baker, Harley Geiger August 13, 2014

Following the Snowden leaks, the country is once again re-examining the proper balance between national security and individual privacy. Senator Patrick Leahy (Vermont) has introduced a bill that would revise aspects of certain NSA surveillance programs. Two leading experts addressed the merits of this bill.

  • Hon. Stewart A. Baker, Partner, Steptoe & Johnson LLP
  • Harley Geiger, Senior Counsel and Deputy Director, Freedom, Security and Surveillance Project, Center for Democracy & Technology

Cellphone Searches and the Fourth Amendment – Riley v. California and United States v. Wurie - Podcast

Criminal Law & Procedure Practice Group Podcast
Orin S. Kerr May 06, 2014


On Tuesday, April 29, 2014 the Supreme Court held back-to-back hearings on cases testing the authority of police to search the contents of cellphones they take from people they have arrested.

Riley v. California involves a San Diego man, David Leon Riley, convicted of shooting at an occupied vehicle, attempted murder, and assault with a semi-automatic weapon. Riley was not arrested at the time of the incident, and he was never positively identified as a participant. A jury convicted him on all three counts largely based on data from a cellphone seized from him at the time of a later arrest, the contents of which were examined without a warrant.

United States v. Wurie concerns a search made of a drug dealer’s South Boston apartment. The residence was discovered and the search made after arresting officers noticed that a phone in suspect Brima Wurie’s possession was getting repeated calls from a number identified on the screen as “my house.” Tracing the telephone number, they located his residence. The inspection of the phone was without a search warrant, and evidence at the apartment was eventually used to convict Wurie of distributing crack cocaine, possessing the crack with intent to distribute it, and owning a gun and ammunition as a felon.

Our expert attended both arguments and offered his impressions to a call-in audience.


  • Prof. Orin S. Kerr, Fred C. Stevenson Research Professor of Law, The George Washington University Law School

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Beyond Heartbleed: Encryption, Zero-Day Exploits, and The NSA - Podcast

International & National Security Law Practice Group Podcast
Paul Rosenzweig, Chris Soghoian, Vincent J. Vitkowsky April 25, 2014

computer chip

The recent discussion of whether the National Security Agency knew about and exploited the Heartbleed bug demonstrates a larger cybersecurity dilemma. The NSA has two missions: conducting foreign cyber spying operations and protecting key U.S. cyber networks from external breach. In carrying out these missions, there is an inherent tension whenever a vulnerability is discovered. "Zero-day vulnerabilities" are software defects that are unknown before they are exploited. When should they be exposed and eliminated, and when should they be preserved and exploited? Encryption protects privacy and communications security. When, if ever, should the NSA seek to subvert, undermine, or weaken the encryption systems of commercially available software?


  • Paul Rosenzweig, former Deputy Assistant Secretary for Policy, U.S. Department of Homeland Security, and Principal, Red Branch Law and Consulting
  • Chris Soghoian, Principal Technologist and Senior Policy Analyst, Speech, Privacy and Technology Project, American Civil Liberties Untion
  • Moderator: Vincent J. Vitkowsky, Partner, Seiger Gfeller Laurie LLP

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Cybersecurity and the NSA - Event Audio/Video

2014 Annual Student Symposium
Stewart A. Baker, Randy E. Barnett, Jeremy A. Rabkin, Ricky Polston March 25, 2014

Cybersecurity and the NSA - Event Audio/VideoThe NSA acts pursuant to broad statutory authorities, and has interpreted those statutes to enable vast data collection programs. Two programs in particular, programmatic surveillance of the content of communications and bulk collection of metadata have become the subject of heated public and scholarly debate. Are these programs consistent with the NSA’s mission to gather foreign intelligence and to defend U.S. government information systems? Have the leaks about these programs jeopardized national security, or have they enhanced public accountability? Is there a better way to strike a balance between privacy and security?

The University of Florida Student Chapter hosted this panel discussion during the 2014 Annual Student Symposium on Saturday, March 8, 2014.

9:00 – 10:45 a.m.
J. Wayne Reitz Union

  • Mr. Stewart Baker, Partner, Steptoe & Johnson LLP
  • Prof. Randy Barnett, Carmack Waterhouse Professor of Legal Theory, Georgetown University Law Center
  • Prof. Jeremy Rabkin, Professor of Law, George Mason University School of Law
  • Moderator: Chief Justice Ricky Polston, Florida Supreme Court

University of Florida Levin College of Law
Gainesville, FL

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