Personal Privacy, Immigration, iPhone Confidentiality vs. National Security...
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Join us for our second annual program that seeks to inform the public, lawyers, and national security practitioners about the continuing balancing act between personal privacy rights and national security. Using a panel discussion format, we will take a look at today's technological and world developments that are forcing our government to weigh personal privacy against a backdrop of protecting our national security from an ever growing and rapidly changing threat environment.
- Overview: Setting the Stage -- Mark Rosen
- Opening Remarks: A View From the Bench -- Hon. Loretta Preska
- How National Security Investigations Begin: Comparison to Other Federal Criminal Investigations -- John Cronan, Karen Greenberg, Mark Rosen
- Impact of Artificial Intelligence on Cybersecurity and National Security -- Constantinos Daskalakis, Mark Rosen
- A Conversation With the Author -- The Future of Foreign Intelligence: Privacy and Surveillance in a Digital Age -- Laura Donohue, Mark Rosen
- DATA, Big DATA, Metadate. Game Theory: What Does it All Mean -- Laura Donohue, Constantinos Daskalakis, Patrick Toomey
- A Conversation With the Author – Soldiers on the Home Front: The Domestic Role of the American Military -- William C, Banks, Mark Rosen
- The Role of the Media -- Tina Foster, Gene Policinski, Jameel Jaffer, Adam Goldman, Roberto FE Soto
- Balancing Counterterrorism, Immigration, National Security and Safety in the Digital Age -- Harvey Rishikof. Seth DuCharme, Steven Hyman, Matthew J. Miraglia, Tina Foster
- Government Investigations, Phone Devices and Privacy: How Far Can the Government Go? -- Hon. Valerie E. Caproni, Joseph Bambara, Josh Dratel, Joshua Horowitz
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.
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.
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.
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.
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.
Patrick Toomey, Esq.
Patrick Toomey is a staff attorney in the ACLU’s National Security Project, where he works on issues related to
electronic surveillance, national security prosecutions, whistle-blowing, and racial profiling. Mr. Toomey is a
graduate of Harvard College and Yale Law School. After graduating from law school, he served as a law clerk to the
Hon. Nancy Gertner, United States District Judge for the District of Massachusetts, and to the Hon. Barrington D.
Parker, United States circuit judge for the Second Circuit Court of Appeals.
Roberto Soto has served as a senior manager in the public sector, as well as in private industry. Soto started his
career as a work-study student intern for The Washington Post and became NY Bureau Chief and Director of
Network Operations for Associated Press TV. Soto works in academia and as a media consultant addressing issues
relating to international media and multilingual information content. Throughout his career, Soto has developed
and implemented digital upgrades at Univision, Telemundo, VOA, Cablevision and Associated Press Television
News. Soto enjoys a distinguished career managing various operations, leading teams in planning of special events
and programs. He is also experienced liaising with senior executives, board members and politicians, while
coordinating with legal and business affairs to ensure compliance, and administrative control of the budget.
During his distinguished career he has covered natural disasters, foreign conflicts, race relations, organized crime,
politics and corruption. Soto is a multilingual communicator, with the heart of a novelist and the mind of a
scientist. Soto holds advanced degrees from Florida International University and William Paterson University of
New Jersey, and enthusiastically pursues his mission of creating multimedia content. As an award winning
producer, an executive, an administrator and a distinguished professor, Soto works tirelessly to achieve an
inclusive workplace, promoting diversity and equality. Soto has served as a board member as well as several
advisory committees, as a juror for The International Emmy Awards, gatekeeper at Columbia University, a Poynter
Institute fellow, an Alfred I duPont Award Winner and has been listed among "100 Influential Hispanics". Soto
offers a unique and varied experience, which will be invaluable to continue to meet our present and future
consumers' changing needs and demands. He has extensive knowledge of production, excellent research and
writing skills, solid copy editing, communication skills, along with SEO, RSS, Twitter, Facebook and other social
media, HTML, Photo-shop skills, blog publishing and content management systems. He offers a successful track
record with start-ups programs and turn-around projects in California, Texas, New York, and Washington, DC.
Roberto Soto is a creative thinker who has fully embraced news and information content as he develops
innovative ways to interface with all media. Soto is an idea man and an active team player. He has earned
advanced academic degrees and effectively engages others who are committed to communications. Soto is a
proven leader for academia and global media.
Harvey Rishikof, Esq.
Harvey Rishikof is a senior counsel in Crowell & Moring's Privacy & Cybersecurity and Government Contracts
groups in Washington, D.C. His practice focuses on national security, cybersecurity, government contracts, civil
and military courts, terrorism, international law, civil liberties, and the U.S. Constitution. At the leading edge of
many of the interactions between the legal community and the federal government and corporations, Harvey is
routinely called upon to represent the legal community at meetings and forums on national security,
cybersecurity, and terrorism. Prior to joining the firm, Harvey was most recently the dean of faculty, National War
College at the National Defense University, Washington, D.C. He currently serves as an outside director to CBI,
Baton Rouge, LA, chairing the company's Government Security Committee – CFIUS. Harvey is also the chair of the
American Bar Association Advisory Standing Committee on Law and National Security, co-chair with Judy Miller of
the ABA National Taskforce on Cyber and the law, and a lifetime member of the American Law Institute and the
Council on Foreign Relations. Over his career, Harvey has been a member of Hale and Dorr and has held multiple
positions in government focused on national and cyber security investigations. He most recently served as senior
policy advisor to the National Counterintelligence Executive (NCIX), the agency responsible for counterintelligence
and insider threat management across the federal government. He has also served at the FBI as a legal counsel to
the deputy director of the FBI focusing on national security and terrorism and served as liaison to the Office of the
Attorney General at the Department of Justice. Harvey is committed to legal education in the area of cyber and
national security. Prior to serving as dean, he was a professor of National Security Law at the National War College
and dean of Roger Williams University School of Law. Until recently, Harvey also had a Joint Appointment as
professor of law at Drexel University teaching courses in national security and cyber law. He is also a former tutor
in social studies, government and sociology at Harvard University. Harvey is a sought-after national speaker in the
area of cybersecurity and national security and has written numerous articles and monographs on these topics. He
is a co-author of "The National Security Enterprise – Navigating the Labyrinth" (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
Hon. Loretta A. Preska
Hon. Loretta A. Preska is the chief judge for the United States District Court for the Southern District of New York.
She joined the court in 1992 after being nominated by President George H.W. Bush. Preska became the chief judge
of the court in May of 2009 when Kimba Wood assumed senior status. Prior to her judicial appointment, Preska
worked in private practice. From 1973-1992 Judge Preska was in private practice in New York City with Cahill
Gordon & Reindel LLP and Hertzog Calamari & Gleason LLP, which would later be absorbed by Winston & Strawn
LLP. She graduated from the College of St. Rose with her bachelor’s degree in 1970 and graduated from Fordham
Law with her J.D. degree in 1973. She graduated from New York University School of Law with her Master of Laws
degree in 1978.
Gene Policinski is chief operating officer of the Newseum Institute and of the Institute’s First Amendment Center.
A veteran multimedia journalist, he also writes, lectures and is interviewed regularly on First Amendment issues.
Policinski, a founding editor of USA Today, oversees all programs of the Newseum Institute and also is a longtime
proponent of diversity in journalism as an essential characteristic of a free press. He speaks and writes regularly on
news gathering and reporting, newsroom diversity and on journalism ethics. Policinski co-writes the weekly,
nationally distributed column, “Inside the First Amendment.” He is host of the online news program
“Journalism/Works,” produced by the Newseum and was host of several radio programs airing since the mid-
1990s, including news and sports talk programs on “USA TodaySky Radio” and “Newseum Radio,” which aired on
NPR worldwide from 1998 to 2002. He is a contributor to the recent American Bar Association book,
“Whistleblowers, Leaks and the First Amendment,” providing a section on First Amendment issues and a free
press. Policinski was Washington editor of USA Today when it launched in 1982, and held several news executive
positions at the newspaper, including managing editor of sports, beginning in 1989. In 1996, Policinski began
working at the Freedom Forum, the foundation that is the principal funder of the Newseum and Newseum
Institute. Policinski has worked in print, TV, radio and online. In addition to his work in radio, he was executive
producer of the public television program “Speaking Freely,” which aired from 2001 to 2004 — a program later
recognized with a special “Emmy Award” by the Mid- South chapter of the National Academy of Television Arts
and Sciences. Holding a Certified Journalism Educator designation from the Journalism Education Association,
Policinski is an adjunct faculty member at Winthrop University in South Carolina and is a member of the board of
advisors for the Institute for Media, Culture, and Ethics at Bellarmine University in Louisville, Ky. He has served as a
national trustee for the National Academy of Television and Arts and Sciences (NATAS); a trustee of the United
States Sports Academy; a trustee of the Newspaper Association of America Foundation; and a member of the
board of trustees of the Association of Opinion Journalists Foundation. He was co-chair of the 2012 national
convention of the American Society of Newspaper Editors. Policinski served briefly as president of the Freedom
Forum’s Diversity Institute, now a part of the programs of the Newseum Institute. A graduate of Ball State
University, he attended classes at the Nashville School of Law. He was awarded membership in 2012 to Pi Sigma
Alpha, the national political science honor society, through its chapter at the University of North Georgia.
Matthew J. Miraglia
Matthew J. Miraglia has supervised one of the Manhattan-based FBI’s Joint Terrorism Task Force’s two squads
dedicated to combating terrorism online since 2013. In addition to policing the Internet for suspected terrorists,
Mr. Miraglia is also responsible for finding creative ways to find nefarious actors online with African, European, or
Canadian IP addresses. Miraglia began his career as a Special Agent with the Federal Bureau of Investigation in
2003 and was first assigned to the New York Field Office. Mr. Miraglia’s first assignment was to the counter
intelligence division where he investigated Russian espionage. In 2011 Mr. Miraglia received an Attorney General
Award for exceptional Service for his work on the Russian Illegal’s investigation. Mr. Miraglia was transferred to
one of the New York Joint Terrorism Task Force’s squads on Long Island in 2008. In 2011 Mr. Miraglia ran a major
undercover investigation into two Long Island home grown violent extremists. They were subsequently arrested in
2013. In 2010 Mr. Miraglia was promoted to FBI headquarters as a Supervisory Special Agent to the cyber division.
Additionally in April of 2013 Mr. Miraglia responded to the bombing of the marathon in Boston. Once on site, Mr.
Miraglia was assigned as the on-scene commander for evidence recovery where Dzhokhar Tsarnaev was arrested
in Watertown, MA.
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.