Only a few experts can speak authoritatively on cyber’s interaction with law, policy, and regulation. Cyber Threats and Cyber Realities features cutting-edge speakers like Prof. Mike Schmitt of the Naval War College, a pioneer in adopting the law of international armed conflict to cyber; Paul Rosenzweig, a former DHS official and current Lawfare contributor who regularly consults with major corporations on cybersecurity; Lin Foster Freedman of Nixon Peabody, who specializes in privacy and health data protection and John Savage and Tim Edgar of Brown University, who have focused on cybersecurity for government, academia and NGOs, John as the founder of Brown’s computer science department and Tim as the White House National Security Staff Director of Privacy and Civil Liberties. Prof. Peter Margulies of Roger Williams University's School of Law, also a Lawfare contributor, will speak on ethical issues; Dr. Doug White of RWU's School of Justice Studies will add his technical expertise and Theresa Murray, former Director, Rhode Island Emergency Management Association, will discuss the importance of mobilization at the state and local level to deal with cyber threats.
Zoe Argento teaches Torts, Intellectual Property, and Internet Law at Roger Williams University School of Law. She graduated magna cum laude from Harvard College and received the Order of the Coif at Boston College Law School. Before coming to RWU Law, she was an associate with the Intellectual Property Group at the Boston firm of Ropes & Gray, where her practice focused on license drafting, patent prosecution and other technology-based corporate transactions. She also clerked for Chief Judge Mary M. Lisi of the U.S. District Court for the District of Rhode Island. Prior to law school, Professor Argento served as an officer in the U.S. Navy, and then worked in strategy consulting for entertainment and technology companies.
William C. Banks is an internationally recognized authority in national security law, counterterrorism and constitutional law. Banks has helped set the parameters for the emerging field of national security law since 1987, co-authoring two leading texts in the field: National Security Law and Counterterrorism Law. In 2008, Banks was named the College of Law Board of Advisors Distinguished Professor at Syracuse University, where he has been a member of the faculty for over 30 years. Since 1998, Banks also has been a Professor of Public Administration in Syracuse University’s Maxwell School of Citizenship and Public Affairs. He became the founding director of Syracuse’s Institute for National Security and Counterterrorism in 2003. Banks has authored numerous other books, book chapters and articles including Counterinsurgency Law: New Dimensions in Asymmetric Warfare, Combating Terrorism (with Mitchel Wallerstein and Renee de Nevers), and New Battlefields/Old Laws: Critical Debates from the Hague Convention to Asymmetric Warfare. In addition, Banks is Editor-in-Chief of the Journal of National Security Law & Policy (JNSL&P).
Ken Bell is a Senior Intelligence Analyst with Raytheon's Cyber Threat Operations, where he conducts proactive Computer Network Defense (CND) intelligence operations to counter specific methodologies, tools, tactics, and intentions of advanced cyber adversaries. Prior to joining Raytheon, Ken completed a twenty-year career in law enforcement with the Rhode Island State Police, where he supervised the Computer Crimes Unit. Ken has conducted hundreds of computer forensics examinations and is certified as a Certified Forensic Computer Examiner (CFCE). Ken has been qualified as an expert witness in both state and federal court related to technology based investigations and computer forensics. Ken has a Masters of Science in Information Assurance from Norwich University and a bachelor's degree in Criminal Justice with a minor in Computer Information Systems from Roger Williams University. In 2011, Ken received the Bill Siebert Award for Excellence in Computer Forensics from Guidance Software.
Gary Brown is Deputy Legal Advisor for the International Committee of the Red Cross, Regional Delegation for the United States and Canada, a position he has held since 2012. Prior to joining the ICRC, Gary served 24 years as a judge advocate with the United States Air Force, retiring as a colonel. During his Air Force career, among other things, he served in five assignments as senior legal counsel to commanders at various levels; was assigned both as prosecutor and defense counsel; and served as senior legal adviser to the Air Force Inspector General. He forward deployed twice, including for one year at the Combined Air Operations Center, Southwest Asia as the senior lawyer advising on combat air operations in Afghanistan and Iraq. His final assignment was as the inaugural senior legal counsel for U.S. Cyber Command, Fort Meade, Maryland, where he served for three years.
Gary is a noted speaker on cyber operations law, and has authored several articles related to cyber warfare, most recently “Why Iran Didn’t Admit Stuxnet Was an Attack,” Joint Forces Quarterly (2011), “Law at Cyberspeed,” International Humanitarian Law & New Weapon Technologies (2012), and “On the Spectrum of Cyberspace Operations,” Small Wars Journal (2012) (coauthor). He is a member of the Nebraska Bar.
Mary B. DeRosa currently is the Distinguished Visitor from Practice at Georgetown Law School. She served as Deputy Assistant and Deputy Counsel to the President, and National Security Council Legal Adviser from the beginning of the Obama Administration through the summer of 2011. After leaving the White House, she served as Alternate Representative of the United States to the 66th Session of the U.N. General Assembly, an Ambassador-level position with the U.S. Mission to the United Nations. Prior to joining the Obama Administration in 2009, Ms. DeRosa served on the Obama-Biden Transition Team. Before that she was Chief Counsel for National Security for the Senate Judiciary Committee, working for the Chairman, Senator Patrick Leahy. She has also been a Senior Fellow at the Center for Strategic and International Studies, served on the staff of the Clinton Administration National Security Council as Legal Adviser and Deputy Legal Adviser, and was Special Counsel to the General Counsel at the Department of Defense. Before joining the government, Ms. DeRosa was in private practice at Arnold & Porter. Mary received her B.A. from the University of Virginia and her J.D. from George Washington University School of Law. After law school, she served as a law clerk to the Honorable Richard Cardamone, United States Court of Appeals for the Second Circuit. She currently serves as Chair of the CIA's Legal Advisory Board.
Major General Charles J. Dunlap, Jr., USAF (Ret.) is the Executive Director of the Center on Law, Ethics and National Security at Duke Law School. He is a graduate of St Joseph’s University and Villanova University school of Law. General Dunlap’s 34-year career as judge advocate included tours in both the United Kingdom and Korea, and he deployed for military operations in Africa and the Middle East. A distinguished graduate of the National War College, General Dunlap’s cyber-related publications include The Intersection of Law and Ethics in Cyberwar: Some Reflections, in Air & Space Journal (2012); Lawless Cyberwar? Not if You Want to Win, in Patriot Debates: Contemporary Issues in National Security Law; Perspectives for Cyber Strategists on Law for Cyberwar, in Strategic Studies Quarterly (2011); Towards a Cyberspace Legal Regime in the 21st Century: Considerations for American Cyberwarriors, in the University of Nebraska Law Review (2009); Meeting the Challenge of Cyberterrorism: Defining the Military Role in a Democracy, in Computer Network Attack and International Law (2002); The Law and the Human Target in Information Warfare: Cautions and Opportunities, in Cyberwar 3.0: Human Factors in Information Warfare and Future Conflict (2000); The Law of Cyberwar: A Case Study from the Future, in Cyberwar 2.0: Myths, Mysteries and Realities (1998); and Sometimes the Dragon Wins: A Perspective on Information-Age Warfare, in Information Warfare (1996).
Timothy H. Edgar is a visiting fellow at the Watson Institute and an Adjunct Professor of Law at the Georgetown University Law Center. His work focuses on the unique policy challenges posed by growing global cyber conflict, particularly in reconciling security interests with fundamental values, including privacy and Internet freedom.
Mr. Edgar served under President Obama as the first ever Director of Privacy and Civil Liberties for the White House National Security Staff, focusing on cybersecurity, open government and data privacy initiatives. From 2006 to 2009, Mr. Edgar worked as the first Deputy for Civil Liberties for the Director of National Intelligence. Prior to his government service, Mr. Edgar was the national security and immigration counsel for the American Civil Liberties Union.
Mr. Edgar has a J.D. from Harvard Law School, where he served on the Harvard Law Review, and an A.B. from Dartmouth College.
Michael Fowler teaches courses on cyberwarfare and security techniques in the Forensics and Network Security program (FANS) at Roger Williams University in Bristol, Rhode Island. His recent work in cyberwarfare includes research at the Naval War College on cyberwarfare and military operational planning. Fowler has also taught courses in cyberwarfare at the Naval War College.
Previous experience includes work in support of the Naval Undersea Warfare Center (NUWC), the Naval War College Wargaming Department, and the Directorate of National Intelligence. Dr. Fowler is the author of Amateur Soldiers, Global Wars, a book about the rise of global insurgency. He holds a Ph.D. in International Affairs from the University of Pittsburgh’s Graduate School of Public and International Affairs.
Linn joined the firm at Nixon Peabody in the spring of 2003. Prior to joining the firm, Linn was deputy chief of the Civil Division for the Department of the Attorney General in Rhode Island. In this role, she was responsible for the supervision of regulatory activities for the Department which encompassed four regulatory Units: the Heath Care Advocate, Public Utilities, Charitable Trusts and Insurance Advocacy, as well as supervising the Health Care Conversion Team. She also litigated cases on behalf of the state and its agencies and was the lead prosecutor on the case the State of Rhode Island brought against lead pigment manufacturers. Linn is recognized by Chambers USA 2012 as a Leader in the Field of Privacy Law.
Scott L. Garland is an Assistant United States Attorney in the Cybercrime Unit at the U.S. Attorney’s Office for the District of Massachusetts in Boston. AUSA Garland investigates and prosecutes criminal offenses involving thefts of trade secrets, computer intrusions, misuse of computer data, Internet fraud, identity fraud, and threatening communications over the mail and the Internet. Before transferring to the U.S. Attorney’s Office in 2008, AUSA Garland was with the U.S. Department of Justice’s Computer Crime and Intellectual Property Section (CCIPS) in Washington, D.C., from 2002 through 2008. While at CCIPS, AUSA Garland rose to the position of Senior Counsel, prosecuted cybercrime cases across the country, was the chief editor of the Department’s manual on prosecuting intellectual property crimes, the primary author of the Department’s field guide to investigating trademark crimes, and was awarded the Assistant Attorney General’s Award for Outstanding Initiative for Economic Security. AUSA Garland regularly lectures on cybercrime at the Department of Justice’s National Advocacy Center and bar associations. Before joining the federal government, AUSA Garland spent two years in a federal trial court clerkship, five years in private practice concentrating on high-technology civil litigation and white-collar criminal defense, and a short stint at the Norfolk County (Massachusetts) District Attorney's Office. AUSA Garland graduated with a B.Sc. from the Massachusetts Institute of Technology and graduated cum laude from the University of Michigan Law School, where he received the Order of the Coif.
William H. Guenther is Chairman, CEO and Founder of Mass Insight Global Partnerships, a Boston-based consulting and research firm that creates competitive advantage through policy and partnerships of industry, universities and government. The firm’s focus on opportunities for pre-competitive, large scale technology R+D centers and collaborations shaped its Massachusetts Technology Road Map completed with Battelle in 2004 and the IT, Communications and Defense (ITCD) sector study produced with McKinsey & Co. in 2008.
The Advanced Cyber Security Center (ACSC) grew out of recommendations by an Advisory Committee for the McKinsey/Mass Insight ITCD sector study. Guenther and the support staff at Mass Insight have guided the ACSC from business planning and a small-scale technical pilot to a successful launch as an independent self-governing nonprofit. The Center’s charter membership includes 26 major industry non-profit and government partners. The ACSC takes advantage of the region's unparalleled university, industrial and research resources to develop next-generation strategies for protecting large scale public and private IT infrastructure.
Guenther is also president and founder of Mass Insight Education, a nonprofit leader in math and science education reform in the Commonwealth and working nationally on school turnaround strategies and district transformation. He is a graduate of Harvard College and the New York University Law School.
Todd Hammond has previously worked in Law Enforcement in computer forensics, SWAT, arson investigation and underwater rescue & recovery.
Today Todd is an Information Security Manager at RBS Citizens. In his current capacity he manages Cyber Security, Penetration Testing, Risk Assessment, IS Project Consultancy and Computer Forensics and Incident Response.
Professor Victor M. Hansen teaches Criminal Law, Criminal Procedure, Evidence, National Security Law, and prosecutorial Ethics at New England Law│ Boston. Before joining the New England faculty in 2005, he served a 20 year career in the Army, most of that time as a JAG Corps officer. In his last military assignment he served as a regional defense counsel for the United States Army Trial Defense Service. His previous assignments include work as a military prosecutor and supervising prosecutor. He has been involved in military capital litigation as a prosecutor and as a defense attorney. He also served as an associate professor of law at The Judge Advocate General's School in Charlottesville, Virginia. He is the author of several articles and books on criminal and military law, evidence, national security law, and the law of armed conflict. He has published Op-Eds in The Washington Post, Jurist, and other national legal publications and he is a frequent commentator on military legal topics.
Professor Dr. Wolff Heintschel von Heinegg holds the Chair of Public Law, especially Public International law, European Law and Foreign Constitutional Law at the Europa-Universität Viadrina in Frankfurt (Oder), Germany, and currently is the Charles H. Stockton Professor of International Law at the U.S. Naval War College in Newport, Rhode Island, USA. From October 2004 until October 2008 he was the Dean of the Law Faculty of the Europa-Universität. From October 2008 until October 2012 he was the Vice-President of that university. Previously, he served as Professor of Public International Law at the University of Augsburg. In the academic year 2003/2004 he was the Charles H. Stockton Professor of International Law at the U.S. Naval War College. He had been a Visiting Professor at the Universities of Kaliningrad (Russia), Almaty (Kazakhstan), Santiago de Cuba (Cuba) and Nice (France). He was the Rapporteur of the International Law Association Committee on Maritime Neutrality and was the Vice-President of the German Society of Military Law and the Law of War. Since 2007 he is a member of the Council of the International Institute of Humanitarian Law in San Remo, Italy. Since May 2012 he is the Vice-President of the International Society for Military Law and the Law of War. Professor Heintschel von Heinegg was among a group of international lawyers and naval experts who produced the San Remo Manual on International Law Applicable to Armed Conflicts at Sea. In 2002 he published the German Navy’s Commander’s Handbook on the Law of Naval Operations. Professor Heintschel von Heinegg has been a member of several groups of experts working on the current state and progressive development of international humanitarian law, including the Manual on Air and Missile Warfare (2010) and the Manual on the International Law Applicable to Cyber Warfare. He is a widely published author of articles and books on public international law and German constitutional law. For more detailed information see:
Robert A. Heverly is an Assistant Professor of Law and Interim Director of the Government Law Center at Albany Law School of Union University. He teaches International Intellectual Property Law, CyberLaw, Entertainment Law, Property Law, and Torts. Before joining the faculty at Albany Law School in July 2010, Professor Heverly was as a Visiting Professor of Law at Michigan State University College of Law, and prior to that he was a member of faculty at the University of East Anglia's Norwich Law School, where he also served as Director of the LL.M. in Information, Technology and Intellectual Property Law. Prof. Heverly earned his LL.M. from Yale Law School and was subsequently a Resident Fellow with the Information Society Project at Yale Law School, where he retains an affiliation as a Faculty Fellow. Professor Heverly received dual Bachelor of Arts degrees from the State University of New York College at Oswego, and a J.D. from Albany Law School of Union University. Professor Heverly’s research interests include intellectual property, technology and society (especially the Internet, computers, networks, and information law), media law, property, and globalization, and he has published articles in the Berkeley Technology Law Journal and the Georgetown Journal of International Law, among others.
Peter Margulies teaches National Security Law, Human Rights, Immigration Law,and Professional Responsibility at Roger Williams University and wrote Law’s Detour: Justice Displaced in the Bush Administration (NYU Press 2010). A contributor to the Lawfare blog, Professor Margulies advocates a third way that reconciles effective counterterrorism and individual rights. Professor Margulies has participated in a number of Supreme Court cases, including Holder v. Humanitarian Law Project, 130 S. Ct. 2705 (2010) (upholding statute prohibiting material support of terrorism). Recent scholarship includes The Fog of War Reform: Change and Structure in the Law of Armed Conflict After September 11, 95 Marquette L. Rev. 1417 (2012), available at http://ssrn.com/abstract=1921446; Valor’s Vices: Against a State Duty to Risk Forces in Armed Conflict, available at http://ssrn.com/abstract=2008831, in Shaping a Global Legal Framework for Counterinsurgency: New directions in Asymmetric Warfare (Oxford U. Press, William C. Banks ed., 2013), and Networks in Noninternational Armed Conflicts: Crossing Borders and Defining “Organized Armed Group”, http://ssrn.com/abstract=2142851, 89 Int’l L. Stud. 54 (Naval War Coll. 2013).
Paul Rosenzweig is the founder of Red Branch Consulting PLLC, a homeland security consulting company, and a Senior Advisor to The Chertoff Group. Mr. Rosenzweig formerly served as Deputy Assistant Secretary for Policy in the Department of Homeland Security. He is a Distinguished Visiting Fellow at the Homeland Security Studies and Analysis Institute. He also serves as a Professorial Lecturer in Law at George Washington University, Adjunct Professor at the Near East South Asia Center for Strategic Studies at the National Defense University, Senior Editor of the Journal of National Security Law & Policy and Visiting Fellow at The Heritage Foundation. In 2011 he was a Carnegie Fellow in National Security Journalism at the Medill School of Journalism, Northwestern University.
Mr. Rosenzweig is a cum laude graduate of the University of Chicago Law School. He has an M.S. in Chemical Oceanography from the Scripps Institution of Oceanography, University of California at San Diego and a B.A. from Haverford College. Following graduation from law school he served as a law clerk to the Honorable R. Lanier Anderson, III of the United States Court of Appeals for the Eleventh Circuit.
Rosenzweig has authored Cyber Warfare: How Conflicts in Cyberspace are Challenging America and Changing the World and the coauthor (with James Jay Carafano) of Winning the Long War: Lessons from the Cold War for Defeating Terrorism and Preserving Freedom. He is co-editor (with Timothy McNulty and Ellen Shearer) of National Security Law in the News: A Guide for Journalists, Scholars, and Policymakers.
Jonathan Sablone is a litigation partner in Nixon Peabody’s Commercial Litigation group and also leads the firm’s Electronic Discovery & Digital Evidence practice. Through his efforts, the firm has developed an integrated approach that standardizes the electronic discovery process across all of the firm’s offices and litigation practice groups. Jonathan works closely with clients’ in-house counsel and information technology professionals, providing guidance in litigation preparedness, evidence preservation, and electronic data collection, review, and production. Jonathan also devotes significant time to pro bono matters. He received his B.A. from Harvard and his J.D. from Boston College Law School.
Nathan A. Sales is an Assistant Professor at George Mason University School of Law. He teaches national security law, administrative law, and criminal law. Professor Sales’ scholarship has appeared in prestigious journals, including the Duke Law Journal, George Washington Law Review, Journal of National Security Law and Policy, Northwestern University Law Review, Texas Law Review, and University of Illinois Law Review. Before coming to George Mason in 2008, Sales was the first Deputy Assistant Secretary for Policy Development at the U.S. Department of Homeland Security. From 2001 to 2003, Professor Sales served at the Office of Legal Policy at the U.S. Department of Justice, where he focused on counterterrorism policy and the judicial confirmation process.
Professor Sales graduated from Duke Law School magna cum laude, where he joined the Order of the Coif and was Research Editor of the Duke Law Journal. He clerked for the Honorable David B. Sentelle of the U.S. Court of Appeals for the D.C. Circuit. He practiced at the Washington, DC law firm Wiley Rein LLP, and was John M. Olin Fellow at the Georgetown University Law Center.
Dr. John E. Savage is the An Wang Professor of Computer Science at Brown University. He earned his Ph. D. in Electrical Engineering at MIT in 1965 specializing in coding and communication theory. He joined Bell Laboratories in 1965 and the faculty of the Division of Engineering at Brown University in 1967. In 1979 he co-founded the Department of Computer Science at Brown and served as its second chair from 1985 to 1991. Around 1970 his research interests changed to theoretical computer science. He currently does research on cybersecurity. He is the author or co-author of three books and more than 90 articles. He has spent sabbaticals in the Netherlands, France, England and the US. He was awarded a Fulbright-Hays Research Award. He is a Fellow of AAAS, ACM and the John Simon Guggenheim Foundation, and a Life Fellow of IEEE. He served as Jefferson Science Fellow in the U.S. Department of State from 2009 to 2010.
Jonathan D. Schneider is a partner in the law firm, Partner, Stinson Morrison Hecker, LLP. For over 25 years, Jon has represented energy companies, investors and governmental entities involved in electric regulatory matters, litigation and transactions. On electric reliability and cybersecurity matters, he speaks for the Large Public Power Council, the electric trade association which represents the nation's largest state and municipal utilities. He has been a member of the Board of Trustees of the Energy Bar Association. He is a graduate of Albany Law School and Colgate University.
Heather Egan Sussman is a partner in the law firm of McDermott Will & Emery LLP and is based in the Firm’s Boston office. Heather is Co-Chair of the Firm’s Global Privacy and Data Protection Affinity Group and is a Certified Information Privacy Professional. In her privacy practice, Heather routinely advises companies on global privacy and data security laws, particularly as those laws intersect with the workplace. She prepares comprehensive privacy and data security programs and policies for multinational businesses, and regularly counsels businesses regarding the collection, use, retention, disclosure, transfer and disposal of personal information. Heather helps companies proactively protect private information and, in the event of a breach, she helps clients respond and remediate. Heather currently serves as Co-Chair of the Boston Bar Association’s Privacy Law Committee. She sits on the Educational Advisory Board for the International Association of Privacy Professionals, and on the editorial board for Privacy and Consumer Protection Law360. Heather frequently speaks and writes on current privacy and information security issues before trade and legal organizations, and has been quoted in hundreds of major news outlets, including MSNBC.com, ABCNews.com, The New York Times, The Los Angeles Times, Bloomberg BusinessWeek, The San Francisco Chronicle, Washington Times, Houston Chronicle and many more.
David Thaw is a Visiting Assistant Professor at the University of Connecticut School of Law and an Affiliated Fellow of the Information Society Project at Yale Law School. David's research and scholarship examines the regulation of Internet and computing technologies, with specific focus on cybersecurity regulation and cybercrime. Prior to joining UConn, David was a Research Associate at the University of Maryland Department of Computer Science and the Maryland Cybersecurity Center. David also practiced cybersecurity and privacy regulatory law at Hogan Lovells (formerly Hogan & Hartson) and was previously a Postdoctoral Fellow at Yale Law School. David received his Ph.D. from UC Berkeley's School of Information in 2011. His dissertation examined the effects of U.S. information security regulations on cybersecurity