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- James Huffman, Dean Emeritus of Lewis & Clark Law School
- Dan Meek, public interest attorney, Co-chair, the Independent Party of Oregon
The United States military currently views cyberspace as the “fifth domain” of warfare (alongside land, air, sea, and space), and the Department of Defense, the National Security Agency, and the Central Intelligence Agency all field teams of hackers who can, and do, launch computer virus strikes against enemy targets. In fact, as @War: The Rise of the Military-Internet Complex shows, U.S. hackers were crucial to our victory in Iraq. Shane Harris delves into the frontlines of America’s new cyber war. As recent revelations have shown, government agencies are joining with tech giants like Google and Facebook to collect vast amounts of information. The military has also formed a new alliance with tech and finance companies to patrol cyberspace, and Mr. Harris offers a deeper glimpse into this partnership than we have ever seen before. Finally, Mr. Harris explains what the new cybersecurity regime means for all of us, who spend our daily lives bound to the internet — and are vulnerable to its dangers.
In December of 2014, Microsoft filed a brief with the Federal Court of Appeals for the Second Circuit in New York to prevent the U.S. Department of Justice from seizing a customer’s data stored in Dublin, Ireland. It’s a case that raises important questions about the right of Americans to know what the government and companies are doing with sensitive electronic data. How do we ensure accountability both to the law through reasonable regulation, and to the courts through effective judicial review? The case also raises questions about the rights of people in other countries. Will they continue to have their privacy rights protected by their own laws? Anticipating a world where every device is a connected device, these are but a few of the important questions raised by this case regarding the future of privacy and regulations going forward.
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.
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.