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Telecommunications & Electronic Media

The Telecommunications Act: Can it Rein in the FCC? - Audio/Video

Third Annual Executive Branch Review Conference
Jonathan Adelstein, Kelly Cole, Grace Koh, David B. Quinalty, Scott Belcher June 23, 2015

The communications and technology sectors have seen an explosion of growth and innovation over the last decade, and yet the primary body of law governing these areas, The Communications Act, has not been updated since the days of dial-up internet. In 2013, House Energy and Commerce Committee Chairman Fred Upton (Mich.) and Communications and Technology Subcommittee Chairman Greg Walden (Oreg.) announced that they would commence efforts to “update the law to better meet the dynamic needs of the 21st century.” In January, Senate Commerce Committee Chairman John Thune (S. Dak.) announced similar plans.

Our panel will discuss recent efforts to update the Communications Act for the modern internet age. What should a new framework look like? With the convergence of technologies, should the current platform-specific regulation be replaced with a more flexible, service-based regulatory scheme? Should special considerations still apply in certain services? How could such regulations impact developing business models and evolving technologies? Should the scope of the FCC’s jurisdiction remain the same? These and other issues will be explored.

This panel was presented on June 18, 2015, at the Mayflower Hotel in Washington, DC during the Third Annual Executive Branch Review Conference.

The Telecommunications Act: Can it Rein in the FCC?
9:40 – 11:10 a.m.
Senate Room

  • Mr. Jonathan Adelstein, President & CEO, PCIA - The Wireless Infrastructure Association
  • Ms. Kelly Cole, National Association of Broadcasters
  • Ms. Grace Koh, U.S. House of Representatives Committee on Energy and Commerce
  • Mr. David B. Quinalty, U.S. Senate Committee on Commerce, Science, and Transportation
  • Moderator: Mr. Scott Belcher, Telecommunications Industry Association

June 18, 2015
Washington, DC

National Insecurity: Is the Law the Enemy's Weapon? - Event Audio/Video

2015 National Security Symposium
Andrew C. McCarthy May 22, 2015

The Federalist Society's International & National Security Law Practice Group presented this luncheon address during the 2015 National Security Symposium on April 29 in Washington, D.C.

Luncheon Address: "National Insecurity: Is the Law the Enemy's Weapon?"
11:45 a.m. - 1:00 p.m.

  • Andrew C. McCarthy, Senior Fellow, National Review Institute

April 29, 2015
Washington, DC

Are We @Cyberwar, and If So, How Should We Fight It? - Event Audio/Video

2015 National Security Symposium
Stewart A. Baker, Eric Jensen, Catherine B. Lotrionte, John C. Yoo, Jeremy A. Rabkin May 22, 2015

The Federalist Society's International & National Security Law Practice Group presented this panel during the 2015 National Security Symposium on April 29 in Washington, D.C.

Panel II: "Are We @Cyberwar, and If So, How Should We Fight It?"
10:30 a.m. - 11:45 a.m.

Several significant cyber incidents, including the recent Sony hack, have been attributed to nation-states or groups closely associated with nation-states.  The Intelligence Community's most recent Worldwide Threat Assessment predicts "an ongoing series of low-to-moderate level cyber attacks from a variety of sources over time, which will impose cumulative costs on U.S. economic competitiveness and national security."  It identifies Russia, China, Iran and North Korea as Threat Actors.  An expert panel will analyze whether any cyber incidents should be considered acts of war, whether U.S. responses be governed by the Law of Armed Conflict, what kinds of incidents warrant responses, and what those responses might be.

  • Hon. Stewart A. Baker, Partner, Steptoe & Johnson LLP, former Assistant Secretary of Policy, Department of Homeland Security, and former General Counsel, National Security Agency
  • Prof. Eric Talbot Jensen, Brigham Young University Law School, and former Chief, International Law, Office of The Judge Advocate General, U.S. Army
  • Catherine B. Lotrionte, Director, CyberProject, School of Foreign Service, Georgetown University, and former former Counsel to the President's Foreign Intelligence Advisory Board, former Assistant General Counsel, Office of General Counsel, Central Intelligence Agency
  • Prof. John C. Yoo, Emanuel S. Heller Professor of Law, University of California Berkeley School of Law, former Deputy Assistant U.S. Attorney General, Office of Legal Counsel
  • Moderator: Prof. Jeremy A. Rabkin, George Mason University School of Law

April 29, 2015
Washington, DC

How to Manage the Intelligence Community - Event Audio/Video

2015 National Security Symposium
Dean A. Reuter, Michael Allen, Eli Lake, Benjamin Powell, Matthew R.A. Heiman May 22, 2015

The Federalist Society's International & National Security Law Practice Group presented this panel during the 2015 National Security Symposium on April 29 in Washington, D.C.

Welcome and Introduction
8:55 a.m.

  • Dean A. Reuter, Vice President and Director of Practice Groups, The Federalist Society

Panel I: "How to Manage the Intelligence Community"
9:00 a.m. - 10:15 a.m.

Since September 11, 2001, the intelligence community has been at the center of key national security events including the wars in Iraq and Afghanistan, the hunt for Osama Bin Laden and other key terrorism figures, leaks by Edward Snowden, and disclosures about the CIA's rendition program. During that same period of time, the management of the intelligence community has been reformed, executive agencies have reorganized themselves to better interact with the intelligence community, and most recently, the CIA has announced a fundamental reorganization of its key functions. Our panel will consider how the government can best manage the intelligence community. We will discuss the role of Congressional oversight, the ability to demand accountability, whether the current structure of the intelligence community is optimal, and if effectiveness measures can be applied to intelligence work.

  • Michael Allen, Managing Director, Beacon Global Strategies LLC, former Majority Staff Director, House Permanent Select Committee on Intelligence, and former Special Assistant to the President and Senior Director for Counter-proliferation Strategy
  • Eli Lake, Columnist, Bloomberg View
  • Hon. Benjamin A. Powell, Partner, WilmerHale LLP, and former General Counsel to the Director of National Intelligence
  • Moderator: Matthew R.A. Heiman, Vice President, Chief Compliance & Audit Officer, Tyco

April 29, 2015
Washington, DC

Non-Media Speech: Is it Free? - Podcast

Free Speech & Election Law Practice Group Podcast
Eugene Volokh, Sonja R. West May 18, 2015

The First Amendment reads, in part, "Congress shall make no law . . .abridging the freedom of speech, or of the press . . ." Are there, and should there be, different levels of freedom of speech for media and non-media speakers? If so, how should "media" and "non-media" be defined, and who should decide? Our experts debated a recent Texas Court of Appeals decision that surprised some observers.

  • Prof. Eugene Volokh, Gary T. Schwartz Professor of Law, UCLA School of Law
  • Prof. Sonja R. West, University of Georgia School of Law