Controlling Economic Cyber Espionage

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A growing economic as well as national security threat, in March 2015, CIA Director John Brennan announced that the agency will treat cyber as a major new focus of both US offensive and defensive strategy. Yet legal, policy, and technological means for countering cyber espionage are not always clear. In order to examine the state of domestic and international approaches for controlling—and to offer recommendations for policymakers and practitioners who are addressing—this postmodern form of economic, military, and industrial spying, INSCT joined with the NATO Cooperative Cyber Defence Center of Excellence (CCDCOE), Tallinn, Estonia, to host an interdisciplinary workshop at SU College of Law, June 18-19, 2015.
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Schedule

Thursday, June 18, 2015

8:00 a.m. – 8:30 a.m.   Continental Breakfast
8:30 a.m. – 8:45 a.m.   Opening Remarks
James B Steinberg James B. Steinberg, SU Maxwell School James Steinberg is Dean of the Maxwell School, Syracuse University and University Professor of Social Science, International Affairs and Law. Before becoming Maxwell School Dean in 2011, Steinberg served as Deputy Secretary of State, serving as the principal Deputy to Secretary Hillary R. Clinton.  From 2005-2008 Steinberg was Dean of the Lyndon B. Johnson School of Public Affairs … MORE
William C. Banks

wcbanks@law.syr.edu

William C. Banks, INSCT Founding Director of the Institute for National Security and Counterterrorism (INSCT), Professor William C. Banks is an internationally recognized authority in national security, counterterrorism, international humanitarian, and constitutional law. By co-authoring the textbooks National Security Law (Aspen, 2012) and Counterterrorism Law (Aspen, 2011), he has helped set the parameters for these fields of study … MORE
Liis_Vihul_2liis.vihul@ccdcoe.org Liis Vihul, NATO CCDCOE  Liis Vihul is a legal analyst in the Law and Policy Branch at the NATO Cooperative Cyber Defence Centre of Excellence (CCD COE). She has conducted legal research on various topics related to cybersecurity and cyber defense, such as the role and obligations of internet service providers in achieving cybersecurity, the privacy implications of network traffic monitoring, and the legal aspects of fighting botnets. Her current research is focused on the interplay between public international law and cyber operations, in particular the legal requirements for attributing cyber operations to states. She was project manager for the Tallinn Manual on International Law Applicable to Cyber Warfare and has taken the same role for “Tallinn 2.0”.
8:45 a.m. – 10:15 a.m.   Panel I: Technical Aspects of the Economic Cyber Espionage Problem
Herb_Lin

herblin@stanford.edu

Herb Lin, Hoover Institution, Stanford University  Herb Lin is a senior research scholar for cyber policy and security at the Center for International Security and Cooperation and a research fellow at the Hoover Institution, both at Stanford University.  His research interests concern the policy-related dimensions of cybersecurity and cyberspace … MORE
Jeffrey_Carr

jc@taiaglobal.com

Jeffrey Carr, Taia Global, Inc.  Jeffrey Carr is the Founder and President of Taia Global, Inc., which assists multinational corporations defend their intellectual property and understand and mitigate risks to their supply chain. He is also the founder of the Suits and Spooks security conference and the author of Inside Cyber Warfare: Mapping the Cyber Underworld (O’Reilly Media, 2011).
Shiu-Kai Chin

skchin@syr.edu

Shiu-Kai Chin, Syracuse University  Shiu-Kai Chin is a Professor in the Department of Electrical Engineering and Computer Science at SU. He is Co-Director (with Scott Bernard) of the Center for Information and Systems Assurance and Trust (CISAT). Chin’s research applies mathematical logic to the engineering of trustworthy systems and investigates access control and policy-based design and verification … MORE

Discussants

Laura_Steinbergljs@syr.edu Laura Steinberg, Syracuse University Laura Steinberg is a Professor of the Department of Civil & Environmental Engineering at Syracuse University and former Dean of the College of Engineering and Computer Science. Her interests include disaster management, Statistical modeling, environmental impacts, environmental policy, and communication for engineers, and military veterans and engineering careers … MORE
  • What are the delivery systems?
  • How does cyber espionage occur (modalities)?
  • Identity assurance
  • Attribution challenges (what we don’t know)
10:30 a.m. – 11:30 a.m.   Panel II: The Scope of the Economic Espionage Problem
Wang_Xiaofeng

xiaofeng@fudan.edu.cn

Wang Xiaofeng, Fudan University  Wang Xiaofeng is an Assistant Researcher at the Center for American Studies, Fudan University, Shanghai, China. His research interests include US politics and foreign policy, cybersecurity, and cyber diplomacy … MORE
alan-brillABrill@kroll.com Alan Brill, Kroll Alan Brill is Senior Managing Director at Kroll. He consults with law firms and corporations on investigative issues relating to computers and digital technology, including the investigation of computer intrusions, Internet fraud, identity theft, misappropriation of intellectual property, cases of internal fraud, data theft, sabotage and computer security projects designed to prevent such events. He has worked extensively on developing methodologies for collecting evidence from corporate information systems … MORE

Discussants

rinsdkopf_parker

elizabeth@pacific.edu

Elizabeth Rindskopf Parker, MITRE  Dean Elizabeth Rindskopf Parker is nationally recognized for her scholarly and legal work in national security and terrorism, international relations, technology development and transfer, and civil rights litigation. She is Dean Emerita of the McGeorge School of Law at the University of the Pacific, where she served as dean from 2002 to 2012. During her tenure, she founded the Journal of National Security Law and Policy and in 2005 created a National Security Law and Policy Section within the Association of American Law Schools … MORE
Zachary_Goldman

zachary.goldman@nyu.edu

Zach Goldman, NYU School of Law   Zachary K. Goldman is the Executive Director of the Center on Law and Security at NYU School of Law. Before his appointment, he served as a Policy Advisor in the US Department of the Treasury’s Office of Terrorism and Financial Intelligence and as a Special Assistant to the Chairman of the Joint Chiefs of Staff in the US Department of Defense … MORE
 
  • US government perspectives
  • Industry perspectives
  • Accounting for cultural and ideological differences
12:15 p.m. – 1:30 p.m.   Panel III: The State of Cyber Espionage Law & Policy: An Overview
joel_brenner

joel@joelbrenner.com

Joel Brenner, MIT  Joel Brenner is former Inspector General and Senior Counsel at the US National Security Agency and currently a 2014-2015 Robert E. Wilhelm Fellow at the Massachusetts Institute for Technology Center for International Studies. Brenner specializes in cyber and physical security, data protection and privacy, intelligence law, the administration of classified information and facilities, and the regulation of sensitive cross-border transactions … MORE
Michael_Schmitt

mschmitt@law.harvard.edu

Michael N. Schmitt, US Naval War College  Michael N. Schmitt is Director of the Stockton Center for the Study of International Law and Charles H. Stockton Professor at the United States Naval War College. He is also Professor of Public International Law and member of the Strategy and Security Institute at the University of Exeter, UK, Fellow at Harvard Law School’s Program in International Law and Armed Conflict and Senior Fellow at the NATO Cyber Defence Centre of Excellence, where he was the General Editor for the Tallinn Manual on International Law Applicable to Cyber Warfare  … MORE

Discussants

Gary_Brown

gary.brown@usmcu.edu

Gary Brown, Marine Corps University  Gary Brown is Professor of Cybersecurity at the Marine Corps University in Washington, DC. He was a US Air Force attorney for 24 years, specializing in cybersecurity, operations, and international law. For two and a half years he was with the International Committee of the Red Cross, Washington Delegation as deputy legal advisor and chief of communications, public relations, and congressional affairs. 
Nathan Sales

nasales@law.syr.edu

Nathan Sales, SU College of Law  Nathan A. Sales is Associate Professor of Law at the Syracuse University College of Law, where he teaches national security law, administrative law, constitutional law, and criminal law. Before entering academia, Sales was the first Deputy Assistant Secretary for Policy Development at the US Department of Homeland Security, where he worked on intelligence, information sharing, and terrorist travel … MORE
 
  • The policy landscape
  • Domestic law
  • International law
1:30 p.m. – 3:15 p.m.   Panel IV: Proposals for Reform—Domestic Law & Policy
McDermott

thomas.mcdermott@hq.dhs.gov

Thomas McDermott, US Department of Homeland Security Thomas McDermott is the Assistant General Counsel for Infrastructure Programs and Acting Deputy Associate General Counsel at the US Department of Homeland Security. He oversees the provision of legal advice in connection with the Department’s programmatic efforts to protect US critical infrastructure, including in the areas of cybersecurity and voluntary efforts to enhance the security and resilience of critical infrastructure from terrorism and all hazards …
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Indiana University Maurer School of Law 2013

dgdelane@indiana.edu

David Delaney, Indiana University Maurer School of Law  David G. Delaney is Deputy Director at the Center for Applied Cybersecurity Research, Indiana University Maurer School of Law. He joined the Center in 2013 from the US Department of Homeland Security (DHS), where he provided legal advice on cybersecurity, critical infrastructure protection, and intelligence matters … MORE
Greg_Nojeim

gnojeim@cdt.org

Greg Nojeim, Center for Democracy & Technology  Gregory Nojeim is Senior Counsel at the Center for Democracy and Technology and the Director of its Freedom, Security, and Technology Project. In this capacity, he conducts much of CDT’s work in the areas of national security, terrorism, and Fourth Amendment protections. He is also Co-Chair of the Coordinating Committee on National Security and Civil Liberties of the Individual Rights and Responsibilities Section of the American Bar Association … MORE
Nathan Sales

nasales@law.syr.edu

Nathan Sales, SU College of Law  Nathan A. Sales is Associate Professor of Law at the Syracuse University College of Law, where he teaches national security law, administrative law, constitutional law, and criminal law. Before entering academia, Sales was the first Deputy Assistant Secretary for Policy Development at the US Department of Homeland Security, where he worked on intelligence, information sharing, and terrorist travel … MORE

Discussants

Mary_DeRosa

mbderosa@gmail.com

Mary DeRosa Georgetown Law Mary B. DeRosa is Distinguished Visitor from Practice at Georgetown Law. Before this appointment, she served as Deputy Assistant and Deputy Counsel to the President and as National Security Council Legal Adviser in the President Barack Obama Administration … MORE
Sam_Rascoff

rascoffs@exchange.law.nyu.edu

Sam Rascoff, New York University  Samuel J. Rascoff teaches and writes in the area of national security law, and serves as faculty director of the Center on Law and Security. Named a Carnegie Scholar in 2009, Rascoff came to the Law School from the New York City Police Department, where, as director of intelligence analysis, he created and led a team responsible for assessing the terrorist threat to the city … MORE
 
  • Taking economic espionage into account in US policy
  • Executive Branch reforms
  • Propertizing cybersecurity
  • Statutory reforms: countermeasures
3:30 p.m. – 5:00 p.m.   Panel V: Proposals for Reform—General International Law
Gary_Brown

gary.brown@usmcu.edu

Gary Brown, Marine Corps University  Gary Brown is Professor of Cybersecurity at the Marine Corps University in Washington, DC. He was a US Air Force attorney for 24 years, specializing in cybersecurity, operations, and international law. For two and a half years he was with the International Committee of the Red Cross, Washington Delegation as deputy legal advisor and chief of communications, public relations, and congressional affairs. 
Sam_Rascoff

rascoffs@exchange.law.nyu.edu

Sam Rascoff, New York University  Samuel J. Rascoff teaches and writes in the area of national security law, and serves as faculty director of the Center on Law and Security. Named a Carnegie Scholar in 2009, Rascoff came to the Law School from the New York City Police Department, where, as director of intelligence analysis, he created and led a team responsible for assessing the terrorist threat to the city … MORE
Liis_Vihul_2

liis.vihul@ccdcoe.org

Liis Vihul, NATO CCDCOE  Liis Vihul is a legal analyst in the Law and Policy Branch at the NATO Cooperative Cyber Defence Centre of Excellence (CCD COE). She has conducted legal research on various topics related to cybersecurity and cyber defense, such as the role and obligations of internet service providers in achieving cybersecurity, the privacy implications of network traffic monitoring, and the legal aspects of fighting botnets. Her current research is focused on the interplay between public international law and cyber operations, in particular the legal requirements for attributing cyber operations to states. She was project manager for the Tallinn Manual on International Law Applicable to Cyber Warfare and has taken the same role for “Tallinn 2.0”.

Discussants

jennifer_daskal

jendaskal@gmail.com

Jennifer Daskal, American University  Jennifer Daskal joined American University Washington College of Law (WCL) in 2013 as an Assistant Professor of Law. She teaches and writes in the fields of criminal law, national security law, and constitutional law. From 2009-2011, Daskal was counsel to the Assistant Attorney General for National Security at the Department of Justice and, among other things, served on the Secretary of Defense and Attorney General-led Detention Policy Task Force. Prior to joining DOJ, she was the senior counterterrorism counsel at Human Rights Watch, worked as a staff attorney for the Public Defender Service for the District of Columbia, and clerked for the Honorable Jed S. Rakoff … MORE
nick_tsagourias

nicholas.tsagourias@sheffield.ac.uk

Nicholas Tsagourias, University of Sheffield (UK) Nicholas Tsagourias is Professor of International Law at the University of Sheffield in England. His teaching and research interests are in the fields of international law and the use of force, international humanitarian law, international criminal law, collective security law, peacekeeping, United Nations Law, and international and European constitutional theory and law … MORE
 
Readings
  • Customary law and international agreements
  • Non-intervention
  • Sovereignty under international law

Friday, June 19, 2015

8:00 a.m. – 8:30 a.m.   Continental Breakfast
8:30 a.m. – 9:45 a.m.   Panel VI: Proposals for Reform—Specific International Law
nick_tsagourias

nicholas.tsagourias@sheffield.ac.uk

Nicholas Tsagourias, University of Sheffield (UK) Nicholas Tsagourias is Professor of International Law at the University of Sheffield in England. His teaching and research interests are in the fields of international law and the use of force, international humanitarian law, international criminal law, collective security law, peacekeeping, United Nations Law, and international and European constitutional theory and law … MORE
joel_brenner

joel@joelbrenner.com

Joel Brenner, MIT  Joel Brenner is former Inspector General and Senior Counsel at the US National Security Agency and currently a 2014-2015 Robert E. Wilhelm Fellow at the Massachusetts Institute for Technology Center for International Studies. Brenner specializes in cyber and physical security, data protection and privacy, intelligence law, the administration of classified information and facilities, and the regulation of sensitive cross-border transactions.
 jennifer_daskal

jendaskal@gmail.com

Jennifer Daskal, American University  Jennifer Daskal joined American University Washington College of Law (WCL) in 2013 as an Assistant Professor of Law. She teaches and writes in the fields of criminal law, national security law, and constitutional law. From 2009-2011, Daskal was counsel to the Assistant Attorney General for National Security at the Department of Justice and, among other things, served on the Secretary of Defense and Attorney General-led Detention Policy Task Force. Prior to joining DOJ, she was the senior counterterrorism counsel at Human Rights Watch, worked as a staff attorney for the Public Defender Service for the District of Columbia, and clerked for the Honorable Jed S. Rakoff … MORE

Discussants

Liis_Vihul_2

liis.vihul@ccdcoe.org

Liis Vihul, NATO CCDCOE  Liis Vihul is a legal analyst in the Law and Policy Branch at the NATO Cooperative Cyber Defence Centre of Excellence (CCD COE). She has conducted legal research on various topics related to cybersecurity and cyber defense, such as the role and obligations of internet service providers in achieving cybersecurity, the privacy implications of network traffic monitoring, and the legal aspects of fighting botnets. Her current research is focused on the interplay between public international law and cyber operations, in particular the legal requirements for attributing cyber operations to states. She was project manager for the Tallinn Manual on International Law Applicable to Cyber Warfare and has taken the same role for “Tallinn 2.0”.
Gary_Brown

gary.brown@usmcu.edu

Gary Brown, Marine Corps University  Gary Brown is Professor of Cybersecurity at the Marine Corps University in Washington, DC. He was a US Air Force attorney for 24 years, specializing in cybersecurity, operations, and international law. For two and a half years he was with the International Committee of the Red Cross, Washington Delegation as deputy legal advisor and chief of communications, public relations, and congressional affairs. 
 
  • WTO and TRIPS
  • International human rights application for future non-intervention
  • Due diligence
  • The un-territoriality of data
10:00 a.m. – 11:15 a.m.   Panel VII: Proposals for Reform—International Policy

Discussants

Mark_Raymond

mraymond@ou.edu

Mark Raymond, University of Oklahoma Mark Raymond is the Wick Cary Assistant Professor of International Security in the Department of International and Area Studies at the University of Oklahoma. He holds a Ph.D. in political science from the University of Toronto. His research and teaching interests include International Relations theory, international law and organization, and international security … MORE
Zachary_Goldman

zachary.goldman@nyu.edu

Zach Goldman, NYU School of Law   Zachary K. Goldman is the Executive Director of the Center on Law and Security at NYU School of Law. Before his appointment, he served as a Policy Advisor in the US Department of the Treasury’s Office of Terrorism and Financial Intelligence and as a Special Assistant to the Chairman of the Joint Chiefs of Staff in the US Department of Defense … MORE
Discussants
Mary_DeRosa

mbderosa@gmail.com

Mary DeRosa Georgetown Law Mary B. DeRosa is Distinguished Visitor from Practice at Georgetown Law. Before this appointment, she served as Deputy Assistant and Deputy Counsel to the President and as National Security Council Legal Adviser in the President Barack Obama Administration … MORE
Robert_Murrett_SMALL

rbmurret@maxwell.syr.edu

Robert B. Murrett, INSCT A specialist in defense analysis, military intelligence, national security, and international relations and former Director of the US Geospatial-Intelligence Agency, VADM Robert B. Murrett (Ret.) is INSCT’s Deputy Director and a Professor of Practice in the Maxwell School’s Department of Public Administration and International Affairs. In addition, he is a staff member at the RAND Corporation and the Institute for Defense Analyses (IDA) … MORE
 
Readings
  • Strategy in the digital domain
  • European perspectives
  • “Responsibility to troubleshoot”
11:30 a.m. – 12:15 p.m.   Panel VIII: The Road Ahead
Michael_Schmitt

mschmitt@law.harvard.edu

Michael N. Schmitt, US Naval War College  Michael N. Schmitt is Director of the Stockton Center for the Study of International Law and Charles H. Stockton Professor at the United States Naval War College. He is also Professor of Public International Law and member of the Strategy and Security Institute at the University of Exeter, UK, Fellow at Harvard Law School’s Program in International Law and Armed Conflict and Senior Fellow at the NATO Cyber Defence Centre of Excellence, where he was the General Editor for the Tallinn Manual on International Law Applicable to Cyber Warfare  … MORE
joel_brenner

joel@joelbrenner.com

Joel Brenner, MIT  Joel Brenner is former Inspector General and Senior Counsel at the US National Security Agency and currently a 2014-2015 Robert E. Wilhelm Fellow at the Massachusetts Institute for Technology Center for International Studies. Brenner specializes in cyber and physical security, data protection and privacy, intelligence law, the administration of classified information and facilities, and the regulation of sensitive cross-border transactions.

Discussants

rinsdkopf_parker

elizabeth@pacific.edu

Elizabeth Rindskopf Parker, MITRE  Dean Elizabeth Rindskopf Parker is nationally recognized for her scholarly and legal work in national security and terrorism, international relations, technology development and transfer, and civil rights litigation. She is Dean Emerita of the McGeorge School of Law at the University of the Pacific, where she served as dean from 2002 to 2012. During her tenure, she founded the Journal of National Security Law and Policy and in 2005 created a National Security Law and Policy Section within the Association of American Law Schools … MORE
Greg_Nojeim

gnojeim@cdt.org

Greg Nojeim, Center for Democracy & Technology  Gregory Nojeim is Senior Counsel at the Center for Democracy and Technology and the Director of its Freedom, Security, and Technology Project. In this capacity, he conducts much of CDT’s work in the areas of national security, terrorism, and Fourth Amendment protections. He is also Co-Chair of the Coordinating Committee on National Security and Civil Liberties of the Individual Rights and Responsibilities Section of the American Bar Association … MORE