Government Surveillance and Privacy: Have We Reached a Tipping Point?
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This very important CLE program will inform lawyers and national security practitioners about the respective concerns associated with the collection of foreign intelligence.
Using a panel discussion format, this CLE program expands the dialogue on privacy, security and personal freedoms, addressing a rapidly changing threat environment where our adversaries are exploiting social media, risk detection is shifting from static to data content and how the rule of law and personal privacy cannot be forgotten in any debate.
Mark B. Rosen, Esq.
Mark Rosen's practice includes the representation of chief executive and senior level executives as well as academics. He represents clients in their employment negotiations and contracts.
Mr. Rosen is a former assistant district attorney in the Kings County District Attorney's office where he spent his time in the Investigations, Trial, Grand Jury and Rackets Bureau. He has been on the faculty at John Jay College of Criminal Justice for more than fifteen years. Mr. Rosen teaches Evidence, Constitutional Law and security related law courses. He has lectured on law, security and terrorism matters for the United Nations. He is currently developing legal training courses for United Nations diplomatic mission personnel. He developed and designed a course on Terrorism and the Law which has been sold out each semester it has been offered at John Jay.
Mr. Rosen conducts continuing education courses on Evidence for Forensic Psychiatrists at NYU/Bellevue and has developed and conducted numerous continuing legal education courses. Mr. Rosen is a graduate of Alfred University and Brooklyn law School. He is an active member of NYCLA and has conducted numerous CLE courses on such topics as Electronic Discovery, Terrorism, Federal Practice and others for the association. In addition, he developed and moderated a CLE course titled "Criminal Law Update" now in its third year at John Jay.
Lewis Tesser, Esq.
Lewis Tesser is a senior partner in the New York law firm of Tesser, Ryan & Rochman, LLP, concentrating his practice in litigation and mediation, representing licensed professionals and professional practices, administrative law and commercial law. Lew Tesser is Vice-President of the New York County Lawyers’ Association and Director of its Ethics Institute.
Prior to private practice, Mr. Tesser was an Assistant United States Attorney in the Eastern District of New York. In that capacity, he represented various agencies of the United States government in litigation in the United States District Court and United States Court of Appeals. Mr. Tesser also served as a Judge Advocate in the United States Army where he prosecuted and defended criminal cases and was the chief legal advisor to the Commanding General of the U.S. Army War College, Carlisle, Pennsylvania. He also has served as an Arbitrator for the American Arbitration Association, New York City Civil Court, a Judge for the Environmental Control Board of the City of New York and a lecturer for various Bar Associations and New York area law schools.
Mr. Tesser, who was admitted to practice in 1971, is a 1970 Honors graduate from the National Law Center, George Washington University, a Masters graduate from the Wharton Business School, University of Pennsylvania (l974) and a graduate of the Harvard Law School Program of Instruction for Lawyers. He is a past President of Congregation Sons of Israel, Nyack, NY.
Steven J. Hyman, Esq.
Steven J. Hyman is chair of the Litigation Department at McLaughlin & Stern.
Mr. Hyman has extensive litigation and trial experience across a broad range of
legal issues. He has argued in the Supreme Court of the United States, been
counsel in numerous reported decisions in both the federal and state systems
and tried a wide variety of cases including capital murder and other criminal
charges, employment discrimination, civil rights and constitutional litigation,
commercial cases involving a variety of corporate disputes and contract claims, as
well as theatre and security arbitrations. Two of his cases, Flynn v. Goldman
Sachs and Cherry v. Coudert Brothers were the subject of Court TV’s daily
coverage of trials of interest.
In addition, Mr. Hyman was an Associate Adjunct Professor of Law at NYU Law
School and has been active in Bar Associations and community organizations. He
is a former chair of the New York County Lawyer’s Civil Rights Committee and a
former President of the Board of Directors of the New York Civil Liberties Union.
He also has been a guest lecturer at universities and law schools, and has
appeared on TV and radio as a legal commentator.
Mr. Hyman has the preeminent AV peer rating with Martindale-Hubbell, and is
listed in the New York Super Lawyers Metro Edition and The Avenue Magazine’s
Mr. Hyman received his BA from Lafayette College and his law degree from
Columbia Law School where he graduated cum laude.
Joseph J. Bambara, Esq.
Joseph J. Bambara is currently In House Counsel and a VP of technology architecture at UCNY, Inc. His e-mail address is firstname.lastname@example.org. For the last 15 years, he has been acting as Counsel for small to mid-size technology firms in the metro area. Most recently, he has worked on cloud computing, social networking, mobile media and outsourcing contracts. He has done work with intellectual property especially as it pertains to mobile and enterprise software, SMS mobile marketing issues as well as trade/service marks. In addition to presentations at Lawline, he has done CLE’s on law and technology for New York County, the New York City Bar Association and National Constitution Center. Prior entrepreneurial career includes developing applications for the financial, brokerage, manufacturing, medical, and entertainment industries on the mobile and enterprise platforms. Mr. Bambara has a Bachelor's and a Master's degree in Computer Science. He holds a Juris Doctorate in Law and is admitted to the New York State Bar. He has taught various computer courses for CCNY's School of Engineering. He is member of the New York County Lawyers Association Cyberspace Committee and an active member in the International Technology Law Association. He has authored the following books: Sun Certified Enterprise Architect for J2EE Study Guide (Exam 310-051) (McGraw-Hill, 2007), J2EE Unleashed (SAMS 2001), PowerBuilder: A Guide To Developing Client/Server Applications (McGraw-Hill, 1995), Informix: Client/Server Application Development (McGraw-Hill, 1997), Informix: Universal Data Option (McGraw-Hill, 1998), SQL Server Developer's Guide (IDG, 2000). He has taught numerous courses and given many presentations on all aspects of the law and enterprise and mobile development in cities worldwide, including Los Angeles, Vienna, Paris, Berlin, Orlando, Nashville, New York, Copenhagen, Oslo, and Stockholm.
John Cronan, Esq.
John Cronan is Deputy Chief, Terrorism and International Narcotics Unit at the U.S Attorney’s Office, Southern District of New York. Previously he was an Assistant U.S Attorney, Southern District of New York. He received a BA from Georgetown University in Government and Economics and a JD from Yale Law School.
Robert S. Litt, Esq.
Robert S. Litt was confirmed by unanimous consent by the Senate to serve as the second General Counsel of the Office of the Director of National Intelligence on June 25, 2009. Robert Litt small
Before joining the ODNI, Mr. Litt was a partner with the law firm of Arnold and Porter, LLP. He served as a member of the governing body of the American Bar Association's Criminal Justice Section and a member of the Advisory Committee to the Standing Committee on Law and National Security.
From 1994 to 1999, Mr. Litt worked at the Department of Justice where he served as Deputy Assistant Attorney General in the Criminal Division and then as the Principal Associate Deputy Attorney General. His duties at DOJ included FISA applications, covert action reviews, computer security and other national security matters.
Mr. Litt started his legal career as a clerk for Judge Edward Weinfeld of the Southern District of New York and Justice Potter Stewart of the U.S. Supreme Court. From 1978 to 1984, he was an Assistant U.S. Attorney for the Southern District of New York. He also spent one year as a special advisor to the Assistant Secretary of State for European and Canadian Affairs.
Mr. Litt holds a B.A. from Harvard College and an M.A. and J.D. from Yale University.
William C. Banks
William C. Banks is Founding Director of the Institute for National Security and Counterterrorism (INSCT) at Syracuse Law. He is an internationally recognized authority in national security, counterterrorism, international humanitarian, and constitutional law. By co-authoring the textbooks National Security Law (now in its fifth edition) and Counterterrorism Law (now in its second edition), he has helped set the parameters for these fields of study, and he is the author and/or editor of numerous other books, including Counterinsurgency Law: New Directions in Asymmetric Warfare and New Battlefields/ Old Laws: Critical Debates on Asymmetric Warfare. In 2008, Banks was named the first College of Law Board of Advisors Distinguished Professor at Syracuse University, where he has been a member of the faculty for more than 30 years. In addition to teaching national security law and counterterrorism law at SU, he lectures around the globe on various national security and constitutional law-related topics and on comparative legal systems. His current research interests include cyber security, the military use of drones, domestic and international terrorism, emergency and war powers, and emergency preparedness and response. A graduate of the University of Nebraska (B.A. 1971) and the University of Denver (J.D. 1974; M.S. 1982),
Banks joined the faculty of the SU College of Law in 1978. In 1998, he was appointed a Professor of Public Administration in SU’s Maxwell School of Citizenship and Public Affairs, and he was named a Laura J. and L. Douglas Meredith Professor for Teaching Excellence in the same year. In 2003, Banks founded INSCT, and in 2005, he received his SU College of Law Board of Advisors professorship. Among his public service appointments, Banks has served as a Special Counsel to the US Senate Judiciary Committee and worked with the committee on the confirmation hearings for Supreme Court nominee Stephen G. Breyer. He serves on the ABA Standing Committee on Law and National Security, is a member of the InfraGard National Members Alliance Board of Advisors, the Advisory Council for the Perpetual Peace Project, and the Executive Board of the International Counter-Terrorism Academic Community (ICTAC). He is the Editor-in-Chief of the Journal of National Security Law & Policy and a Distinguished Fellow of the Institute for Veterans and Military Families at Syracuse University.
Austin P. Berglas
Austin P. Berglas is Senior Managing Director and head of the U.S. Cyber Investigations and Incident Response practice at K2 Intelligence. He brings deep investigative experience in counter intelligence, national security, criminal cyber investigations and incident response to K2 Intelligence. Before joining K2 Intelligence, Austin served as Assistant Special Agent in Charge (ASAC) of the Federal Bureau of Investigation’s (FBI) Cyber Branch in the New York Office (NYO), where he oversaw all national security and criminal cyber investigations in the largest cyber branch in the FBI. Most recently, he led the criminal investigation into the computer network attack against JPMorgan Chase and established the Financial Cyber Crimes Task Force, the FBI’s first joint effort with the New York City Police Department (NYPD) and the Metropolitan Transportation Authority (MTA) to combat cyber threats and high technology crimes affecting New York City and the nation. Prior to being named ASAC of the NYO’s Cyber Branch, he was designated as an Assistant Inspector, Inspection Division, FBI Headquarters in Washington, D.C. In May 2013, Austin was named Acting Special Agent in Charge (A/SAC) of the NYO’s Special Operations/Cyber Division, where he led over 400 employees in the largest technical and physical surveillance
operation in the FBI, overseeing all investigations in the New York Cyber branch, an office he helped to create in 2009. As A/SAC, he was also responsible for the Special Events and Crisis Management Programs consisting of SWAT, Evidence Response, Underwater Search and Recovery, and Rapid Deployment. While at the FBI he has also served as supervisor of the New York Office Computer Crimes Squad/Cyber Crimes Coordinator, where he was responsible for the investigations into computer intrusions, intellectual property rights violations, and Internet fraud, extortion and gambling. In addition, he has served as the Crimes Against Children Coordinator in the FBI’s NYO, responsible for the coordination and investigation of crimes including international and domestic kidnapping, sex tourism, and the sexual exploitation of children over the Internet. He received the FBI Director’s Award for Excellence in a Cyber Investigation in 2010 and the Voice for All Children Award presented by the Coalition Against Child Abuse and Neglect in 2006. Prior to entering the FBI in 1999, Austin was a Captain in the United States Army serving in various roles as a light cavalry officer and deploying to Haiti in 1995 in support of Operation
Uphold Democracy. He received his B.S. from Dickinson College and has participated in Navigating Strategic Change hosted at the Kellogg School of Management at Northwestern University.
David D. Cole
David D. Cole is the Hon. George J. Mitchell Professor in Law and Public Policy at Georgetown Law Center where he teaches constitutional law, national security, and criminal justice. He is also the legal affairs correspondent for The Nation, and a regular contributor to the New York Review of Books. He has been published widely in law journals and the popular press, including the Yale Law Journal, California Law Review, Stanford Law Review, New York Times, Washington Post, The New Republic, Wall Street Journal, and Los Angeles Times. He is the author of seven books. Less Safe, Less Free: Why America Is Losing the War on Terror, published in 2007, and co-authored with Jules Lobel, won the Palmer Civil Liberties Prize for best book on national security and civil liberties. Enemy Aliens: Double Standards and Constitutional Freedoms in the War on Terrorism, received the American Book Award in 2004. No Equal Justice: Race and Class in the American Criminal Justice System was named Best Non-Fiction Book of 1999 by the Boston Book Review, and best book on an issue of national policy in 1999 by the American Political Science Association. His most recent book is The Torture Memos: Rationalizing the Unthinkable (2009). He received his bachelor’s degree and law degree from Yale University. He worked as a staff attorney for the Center for Constitutional Rights from 1985-90, and has continued to litigate as a professor. He has litigated many
significant constitutional cases in the Supreme Court, including Texas v. Johnson and United States v. Eichman, which extended First Amendment protection to flagburning; National Endowment for the Arts v. Finley, which challenged political content restriction on NEA funding; and Holder v. Humanitarian Law Project, which challenged the constitutionality of the statute prohibiting “material support” to terrorist groups, which makes speech advocating peace and human rights a crime. He has been involved in many of the nation’s most important cases involving civil liberties and national security, including the case of Maher Arar, a Canadian citizen rendered to Syria by U.S. officials and tortured there. The late New York Times columnist Anthony Lewis called David “one of the country’s great legal voices for civil liberties today,” and Nat Hentoff has called him “a one-man Committee of Correspondence in the tradition of patriot Sam Adams.” David has received two honorary degrees, and numerous awards for his human rights work, including, in 2013, the inaugural Norman Dorsen Presidential Prize from the
ACLU for lifetime commitment to civil liberties.
Laura K. Donohue
Laura K. Donohue is a Professor of Law at Georgetown Law, Director of Georgetown’s Center on National Security and the Law, and Director of the Center on Privacy and Technology. Professor Donohue writes on U.S. Constitutional Law, American and British legal history, and national security and counterterrorist law in the United States and United Kingdom. She is currently working on The Future of Foreign Intelligence (Oxford University Press, 2015), focusing on the Fourth Amendment and surveillance in a digital world. Prior to this, The Cost of Counterterrorism: Power, Politics, and Liberty (Cambridge University Press, 2008) looked at the impact of American and British counterterrorist law on life, liberty, property, privacy, and free speech, while Counterterrorist Law and Emergency Law in the United Kingdom 1922-2000 (Irish Academic Press, 2007) concentrated on measures introduced to address violence in Northern Ireland. Her articles have examined, inter alia, the doctrine of state secrets; the advent of remote biometric identification; Executive Order 12,333 and the Foreign Intelligence
Surveillance Act; extended detention and interrogation; terrorist trials; antiterrorist finance and material support; synthetic biology, pandemic disease, and biological weapons; scientific speech; and the history of quarantine law. Professor Donohue has held fellowships at Stanford Law School’s Center for Constitutional Law, Stanford University’s Center for International Security and Cooperation, and Harvard University’s John F. Kennedy School of Government, where she was a Fellow in the International Security Program as well as the Executive Session for Domestic Preparedness. In 2001 the Carnegie Corporation named her to its Scholars Program, funding the project, Security and Freedom in the Face of Terrorism. She took up the award at Stanford, where she taught in the Departments of History and Political Science and directed a project for the United States Departments of Justice and State and, later, Homeland Security, on mass-casualty terrorist incidents. In 2008–09 she clerked for Judge John T. Noonan, Ninth Circuit Court of Appeals. Professor Donohue is a Life Member of the Council on Foreign Relations, an Advisory Board Member of the Electronic Privacy Information Center, and a Member of the American Bar Association’s Standing Committee on Law and National Security. She also is currently serving as a Member of
the National Academy of Science’s Forum on Synthetic Biology, and she is a Senior Scholar at Georgetown Law’s Center for the Constitution. Professor Donohue obtained her AB in Philosophy (with Honors) from Dartmouth College, her MA in Peace Studies (with Distinction) from the University of Ulster, Northern Ireland, her JD (with Distinction) from Stanford Law School, and her PhD in History from the University of Cambridge, England.
Joshua L. Dratel, Esq.
Joshua L. Dratel is the founder and President of Joshua L. Dratel, P.C. In more than 25 years of practice, Mr. Dratel has proven his ability to stand up for individual rights in complex federal and state cases, including those involving RICO, mail fraud, tax and security issues, national security, terrorism, international law and extradition, organized crime, drug charges, money laundering, violent crime charges, civil liberties issues, capital cases, and civil litigation. Mr. Dratel is a past President of the New York State Association of Criminal Defense Lawyers (2005), as well as former Chair of its Amicus Curiae Committee. He is also a Co-Chair of the Amicus Curiae Committee of the National Association of Criminal Defense Lawyers, Co-Chair of its Select Committee on Military Tribunals, its former Parliamentarian (2005-06), and a former member of its Board of Directors and Public Affairs Council. He is a member of the Capital Punishment Committee of the Association of the Bar of the City of New York, and
previously served on the Committee on Criminal Law of that organization. He is also the Senior Fellow for Legal Research at New York University Law School’s Center on Law & Security, and a member of its Board of Advisors, and serves on the Advisory Board of The Champion, the magazine of the National Association of Criminal Defense Lawyers. Mr. Dratel is co-editor of The Torture Papers: The Legal Road to Abu Ghraib (Cambridge University Press: 2005), which won the American Association of Publishers 2005 Award for Excellence in Professional and Scholarly Publishing (Law and Legal Studies), and was named among the 100 Best Books of 2005 by the Toronto Globe and Mail, and The Enemy Combatant Papers: American Justice, the Courts, and the War on Terror (Cambridge University Press: 2008). Mr. Dratel is a frequent writer, lecturer, and speaker on a wide variety of criminal law and national security topics, and his articles have been published in the Cardozo Public Law, Policy and Ethics Journal, New York Law School Law Review, Wayne State Law Review, New York City Law Review, The Champion,
Guernica Magazine, The Mouthpiece, and Criminal Justice Weekly. He has been a guest legal commentator on MS NBC, ABC World News Tonight, CBS News, NBC Nightly News, CNN, New York 1, FOX New York, and National Public Radio. Mr. Dratel graduated magna cum laude from Columbia College in 1978 and from Harvard Law School in 1981.
Jethro Eisenstein, Esq.
Jethro Eisenstein is an Owner of Profeta & Eisenstein and a civil rights lawyer in private practice. A lawsuit brought by Mr. Eisenstein led to the Handschu Guidelines, a consent decree that governs how the NY police investigate political activity. He received a Gideon Champion of Justice Award from the NY Association of Criminal Defense Lawyers in 2000 for overturning a wrongful murder conviction and is a Board member with Jewish Voice for Peace. He has secured political asylum in the US for refugees from Sudan, Ghana, Haiti and other countries. He received an A.B. from St. John’s College in Annapolis MD and a LL.B. from the University of Pennsylvania.
Karen J. Greenberg
Karen J. Greenberg, a noted expert on national security, terrorism, and civil liberties, is Director of the Center on National Security, Fordham University School of Law. She is the author of The Least Worst Place: Guantanamo’s First 100 Days (Oxford University Press, 2009), which was selected as one of the best books of 2009 by The Washington Post and Slate.com. She is co-editor with Joshua L. Dratel of The Enemy Combatant Papers: American Justice, the Courts, and the War on Terror (Cambridge University Press, 2008) and The Torture Papers: The Road to Abu Ghraib (Cambridge University Press, 2005); editor of the books The Torture Debate in America (Cambridge University Press, 2006) and Al Qaeda Now (Cambridge University Press, 2005); and editor of the Terrorist Trial Report Card, 2001–2011. Her work has been featured in The New York Times, The Washington Post, The Los Angeles Times, The San Francisco Chronicle, The Nation, The National Interest, Mother Jones, TomDispatch.com, and on major news channels. She is a permanent member of the Council on Foreign Relations. She received a Ph.D. from Yale University and a B.A. from Cornell University.
Michael Greenberger is the Founder and Director of the University of Maryland Center for Health and Homeland Security (CHHS) and a professor at the University of Maryland Francis King Carey School of Law. CHHS works on a broad range of homeland security and emergency response issues for federal, state, and local governmental agencies, as well as universities and public health entities. Professor Greenberger is often called upon to lend his extensive professional expertise outside the Center and University. He is currently a member of the Baltimore Washington Cyber Task Force, serves by appointment of the Governor of Maryland on the Commission on Maryland Cybersecurity Innovation and Excellence, is a member of the American Bar Association’s Law and National Security Advisory Committee, and a member of The National Academies’ Committee on Science, Technology, and Law. He has also previously served as both the Vice Chair and Chair of the Maryland Governor’s Emergency Management Advisory Council. Professor Greenberger regularly comments on homeland security and emergency management topics for local and national media outlets, presents at professional conferences, and is among a handful of experts chosen in 2014 to sit on the inaugural Editorial Board for the international journal Disaster and Military Medicine. In 1999, Professor Greenberger began service as Counselor to the United States Attorney General, and then became the Justice Department’s Principal Deputy Associate Attorney General. From 1997 – 1999, Professor Greenberger was a top official with the Division of Trading and Markets at the Commodity Futures Trading Commission (CFTC). He also served on the Steering Committee of the President’s Working Group on Financial Markets, and as a member of the International Organization of Securities Commission’s Hedge Fund Task Force. Since that time, Professor Greenberger has frequently been asked to testify before Congressional committees on issues pertaining to dysfunctions within the United States economy caused by complex and unregulated financial derivatives. He has also served as the Technical Advisor to the United Nations Commission of Experts on Reforms of the International Monetary and Financial System and the International Energy Forum’s Independent Expert Group on reducing
world-wide energy price volatility.
Jameel Jaffer, Esq.
Jameel Jaffer is a deputy legal director of the ACLU and director of its Center for Democracy, which houses the organization’s work on human rights, national security, free speech, privacy, and technology. He has litigated many cases relating to government surveillance, including challenges to the Patriot Act’s “national security letter” provision, the Bush administration’s warrantless wiretapping program, and the National Security Agency’s call-tracking program. He has also litigated cases relating to targeted killing and torture, including a landmark case under the Freedom of Information Act that resulted in the release of the Bush administration’s “torture memos” and
hundreds of other documents relating to the Bush administration’s torture program. He is currently working on a book about individual privacy and official secrecy, a project he began as an Open Society Fellow in 2013. Before joining the staff of the ACLU, he clerked for Judge Amalya L. Kearse of the U.S. Court of Appeals for the 2nd Circuit, and Rt. Hon. Beverley McLachlin, Chief Justice of Canada. He is a graduate of Williams College, Cambridge University, and Harvard Law School.
Barbara Moses, Esq.
Barbara Moses directs what is now called the Constitutional and Civil Litigation Clinic at Seton Hall Law School. From
2009 through 2011 Professor Moses taught Lawyering at New York University School of Law. From 2007 through 2009 she served as an Adjunct Professor at Seton Hall, teaching Persuasion and Advocacy. Professor Moses brings substantial and sophisticated litigation experience to her academic career. From 2002 to 2011 she was a principal of the New York law firm Morvillo, Abramowitz, Grand, Iason & Anello (where she remains counsel), handling complex business disputes in state and federal courts nationwide, in arbitration, and in administrative proceedings. Before that, she was a partner at Orrick, Herrington & Sutcliffe, both in San Francisco and in New York. Her recent pro bono work includes a series of Second Circuit amicus briefs, in conjunction with the Brennan Center for Justice, in national security/civil liberties cases growing out of the “war on terror.” Professor Moses is a past President of the New York County Lawyers’ Association, where she was previously Chair of the Federal Courts Committee. She is also a delegate to the New York State Bar Association and an elected member of the American Law Institute. Professor Moses has been listed as a New York “Super Lawyer” every year since 2006. Professor Moses received an A.B. magna cum laude from Dartmouth College, and a J.D. cum laude from Harvard Law School. She clerked for Chief Justice Vincent L. McKusick of the Maine Supreme Judicial Court.
Deborah Pearlstein, Esq.
Deborah Pearlstein is an associate professor of constitutional and international law at Benjamin N. Cardozo School of Law, whose work on national security and the separation of powers has appeared widely in law journals and the popular press, including the University of Pennsylvania Law Review, the University of Michigan Law Review, the University of Texas Law Review, and the Georgetown Law Journal, as well as in Slate, Foreign Policy, and the New York Times. Before joining Cardozo, she was a research scholar in the Law and Public Affairs Program at the Woodrow Wilson School for Public and International Affairs at Princeton University, and held visiting appointments at the University of Pennsylvania Law School and Georgetown University Law Center. A leading national voice on law and counterterrorism, Professor Pearlstein has repeatedly testified before Congress on topics from military commissions to detainee treatment, and serves on the ABA’s Advisory Committee on Law and National Security. From 2003-2007, Professor Pearlstein served as the founding director of the Law and Security Program at Human Rights First, where she led the organization’s efforts in research, litigation and advocacy surrounding U.S. detention and interrogation operations. Among other projects, Professor Pearlstein led the organization’s first monitoring mission to the U.S. Naval Base at Guantanamo Bay, Cuba; developed litigation and amicus briefing strategies; and co-authored multiple reports on the human rights impact of U.S. national security policy, including
Command’s Responsibility, which provided the first comprehensive accounting of detainee deaths in U.S. military custody since 2002 and received extensive media attention worldwide. Professor Pearlstein also worked closely with members of the military and intelligence communities, including in launching a series of off-the-record workshops to address key policy challenges in U.S. counterterrorism efforts. Before embarking on a career in law, Pearlstein served in the White House from 1993 to 1995 as a Senior Editor and Speechwriter for President Clinton. A magna cum laude graduate of Harvard Law School, Professor Pearlstein clerked for Judge Michael Boudin of the U.S. Court of Appeals for the First Circuit, then for Justice John Paul Stevens of the U.S. Supreme Court.
Ben Wizner, Esq.
Ben Wizner is director of the ACLU Speech, Privacy & Technology Project, which is dedicated to protecting and expanding the First Amendment freedoms of expression, association, and inquiry; expanding the right to privacy and increasing the control that individuals have over their personal information; and ensuring that civil liberties are enhanced rather than compromised by new advances in science and technology. He has litigated numerous cases involving post-9/11 civil liberties abuses, including challenges to airport security policies, government watchlists, extraordinary rendition, and torture. He has appeared regularly in the media, testified before Congress, and traveled several times to Guantánamo Bay to monitor military commission proceedings. Ben is a graduate of Harvard College and New York University School of Law and was a law clerk to the Hon. Stephen Reinhardt of the U.S. Court of Appeals for the 9th Circuit.
Daniel Weitzner is the Director of the MIT CSAIL Decentralized Information Group and teaches Internet public policy in MIT’s Computer Science Department. His research includes development of accountable systems architectures to enable the Web to be more responsive to policy requirements. From 2011-2012, Weitzner was the United States Deputy Chief Technology Officer for Internet Policy in the White House. He led initiatives on privacy, cybersecurity, Internet copyright, and trade policies promoting the free flow of information,. He was responsible for the Obama Administration’s Consumer Privacy Bill of Rights and the OECD Internet Policymaking Principles. Weitzner has been a leader in the development of Internet public policy from its inception, making fundamental contributions to the successful fight for strong online free expression protection in the United States Supreme Court, and for laws that control government surveillance of email and web browsing data. Weitzner is a founder of the Center for Democracy and Technology, led the World Wide Wed Consortium’s public policy activities, and was Deputy Policy Director of the Electronic Frontier Foundation. In 2012 he was named to the Newsweek/ Daily Beast Digital Power Index as a top ‘Navigator’ of global Internet public policy and in 2013 he received the International
Association of Privacy Professional’s Leadership Award. Mr. Weitzner has a degree in law from Buffalo Law School, and a B.A. in Philosophy from Swarthmore College.
Matthew C. Waxman
Matthew C. Waxman is Liviu Librescu Professor of Law and Faculty Chair, Roger Hertog Program on Law and National Security at Columbia Law School. He is an expert in national security law and international law, including issues related to executive power; international human rights and constitutional rights; military force and armed conflict; and terrorism. He holds a B.A., summa cum laude, in Political Science and International Studies from Yale and a J.D. from Yale Law School and clerked for Associate Supreme Court Justice David H. Souter and Judge Joel M. Flaum of the U.S. Court of Appeals for the Seventh Circuit. Before joining the Columbia faculty, he served in senior positions at the U.S. State Department, Department of Defense and National Security Council. Professor Waxman was a Fulbright Scholar to the United Kingdom, where he studied international relations and military history. He is a member of the Council on Foreign Relations, where he also serves as Adjunct Senior Fellow for Law & Foreign Policy, and he is the Co-Chair of the Cybersecurity Center at the Columbia Data Science Institute.
Daniel Silver is Chief of the National Security and Cybercrime section in the Eastern District of the U.S. Attorney’s Office. He is a graduate of Brown University and graduated magna cum laude from New York University School of Law. After graduation from law school, Silver clerked for United States Magistrate Judge Cheryl Pollak in the Eastern District of New York and United States District Judge Harold Baer, Jr. in the Southern District of New York. He joined the United States Attorney’s Office for the Eastern District of New York (EDNY) in October 2006. During his time in the EDNY, Silver has participated in and supervised a number of significant investigations and prosecutions involving a wide range of federal crimes, including racketeering, international drug trafficking, terrorism and the illegal export of controlled technology. Most recently, he investigated HSBC for anti-money laundering and sanctions compliance failures, and charged 11 members of a Russian military procurement network for illegally selling controlled microelectronics to Russian military and intelligence agencies. He also serves as the U.S. Attorney’s Office’s national security coordinator and Antiterrorism Advisory Council coordinator.
Mitchell Silber is Executive Managing Director of the Threat Intelligence and Data Analytics practice for the Americas at K2 Intelligence. He is responsible for building K2 Intelligence’s cyber intelligence capabilities and potential technology partnerships in the U.S. This includes identifying and partnering with venture stage companies that are creating cutting edge analytics and cyber security capabilities, designing new uses for them in the business intelligence and investigations arena and creating new business practice areas around them. Mitch also leads K2’s strategic acquisition and investment efforts and is regularly meeting and assessing new technology/companies. He is a co-author of Cyberwarfare: Understanding the Law, Policy and Technology (2014 Thomson Reuters) and is a regular commentator on Internet threat intelligence, including the use of non-traditional channels such as social media, the deep web and dark net, for both print and broadcast news outlets. Prior to his role at K2 Intelligence, Mitch was the Director of Intelligence Analysis for the New York City Police Department (NYPD) where he supervised the Intelligence Division’s entire portfolio of ongoing terrorism-related investigations. He also built and managed both the Analytic and Cyber Intelligence Units. Mitch has presented on behalf of the NYPD at the White House, National Security Council, CIA, FBI, and National Counter Terrorism Center and testified before the U.S. Senate and House of Representatives. He was a co-author of the 2007 NYPD report – Radicalization in the West: The Homegrown Threat and is also the author of The Al Qaeda Factor: Plots Against the West, published in 2012 by University of Pennsylvania Press. Mitch is a visiting lecturer at Columbia University’s School of International and Public Affairs (SIPA) where he teaches a course on Modern Urban Counterterrorism. He also serves
on the Dean’s Advisory Board at SIPA and is a member of the Council on Foreign Relations. Before earning his Masters Degree at Columbia, Mitch spent nine years in corporate finance as a partner at The Carson Group and as a principal at Evolution Capital, LLC, a boutique investment bank. Mitch received his B.A. from the University of Pennsylvania.
Gary Ross is the author of Who Watches the Watchmen? The Conflict Between National Security and Freedom of the Press, and a Special Agent with the U.S. Department of Homeland Security. His academic background includes a Master of Science of Strategic Intelligence (MSSI) degree from the National Intelligence University and a Bachelor of Arts (BA) degree from Michigan State University, with a dual major in Criminal Justice and Psychology. He has completed advanced training at the National Foreign Affairs Training Center, the Joint Counterintelligence Training Academy, and the Federal Law Enforcement Training Center. During his 20-year career in federal law enforcement, Mr. Ross has conducted and supervised criminal, counterintelligence, and counterterrorism investigations and operations with the Department of Homeland Security, the Office of the Director of National Intelligence, the Naval Criminal Investigative Service, and the Department of Labor. He was a recipient of the Department of Defense Team Award for National Security Investigations in 2007 and the Director of Central Intelligence Team Award for Countering Foreign Denial and Deception in 2003.
Harvey Rishikof, Esq.
Harvey Rishikof is currently chair of the Advisory Committee for the American Bar Association Standing Committee on Law and National Security and serves on the Board of Visitors for the National Intelligence University (NIU). He was a Professor of Law and National Security Studies at the National War College (NWC) in Washington, DC. and is the former chair of the Department of National Security Strategy at the NWC. He specializes in the areas of national security, civil and military courts, terrorism, international law, civil liberties, and the U.S. Constitution. Mr. Rishikof’s career includes experiences in the private sector, academia and public service and is a lifetime member of the Council on Foreign Relations and the American Law Institute. He is a former member of the law firm Hale and Dorr, a Supreme Court Fellow, the former Dean of the law school in Rhode Island, and has been a consultant to the Word Bank and USAID on law reform. As Legal Counsel to the Deputy Director of the FBI (1997-99), Mr. Rishikof
focused on FBI policies concerning national security and terrorism, and served as liaison to the Office of the Attorney General at the Department of Justice. Mr. Rishikof worked on developing a variety of programs, e.g. NIBIN, and was involved in the drafting of Presidential Decision Directives in the national security area. As Administrative Assistant to the Chief Justice of the Supreme Court (1994-96), Mr. Rishikof, a former federal court of appeals law clerk in the Third Circuit for the Honorable Leonard I. Garth, served as chief of staff for the Chief Justice and was involved in general policy issues concerning the federal court system. In this capacity, he acted as liaison to the Executive Branch, Congress, the Federal Judicial Center and the Administrative Office of the
United States Supreme Court. He is a former tutor in Social Studies, Government and Sociology at Harvard University. Rishikof has written numerous law review articles, monographs and book chapters, his most recent book is co-edited with Roger George, The National Security Enterprise, Navigating the Enterprise, (Georgetown Press, 2011). He holds a B.A. from McGill University, an M.A. from Brandeis University, and a J.D. from the New York University School of Law.
Dana Priest is a Washington Post investigative reporter and two-time Pulitzer Prize-winner. She became the third John S. and James L. Knight Chair in Public Affairs Journalism at the Philip Merrill College of Journalism in 2014. Priest has spent the majority of her career focusing on national security, military operations and the U.S. intelligence agencies. A two-time Pulitzer Prize winner and three-time finalist, Priest uncovered secret CIA prisons in Eastern Europe and deplorable conditions for veterans at the Walter Reed Medical Center in Washington. In 2010 her project, “Top Secret America,” covered the buildup in top-secret intelligence organizations in the aftermath of Sept. 11. A unique searchable database of top secret sites was part of that investigation, which was expanded and published as a book and a “Frontline” documentary released in September 2011. Her first book, “The Mission: Waging War and Keeping Peace with America’s Military,” (Norton, 2003) was a finalist for the Pulitzer and is still widely used in military academies. Priest received a B.A. from the University of California, Santa Cruz.