Justice in Cyberspace:

A Symposium

Wednesday, February 5, 2020
9:00 am – 4:00 pm

Ceremonial Classroom
American University Washington College of Law
4300 Nebraska Avenue Northwest, Warren Building

Co-sponsored by

American University Washington College of Law, &
American University School of Public Affairs


Justice in Cyberspace: A Symposium seeks to examine the current challenges to preventing, investigating, and prosecuting cyber and cyber-enabled crimes. The panels will explore the influence of Big Data and the Internet of Things (IoT) on law enforcement investigations, the balance between security and privacy, the impact of region-specific privacy regulations on borderless evidence, and the value of collaboration and transparency with regards to data sharing. Today’s symposium brings together experts from law enforcement, industry, the cybersecurity community, advocacy groups, and other branches of government.

Registration sign-in opens at 8:30 am

Welcome (9:00 am - 9:05 am)
Vice Dean Susan Carle
American University (AU) Washington College of Law (WCL)

Breakfast Address: A Conversation with Robert Knake about “The Fifth Domain: How to Protect our Country, our Companies, and Ourselves in the Age of Cyber Threats” (9:05 am - 9:30 am)
Robert Knake, Whitney Shepardson Senior Research Fellow, Council on Foreign Relations    

Panel 1:
Finding the Perpetrator in a Data Dependent World.
(9:30 am - 10:45 am)

From virtual assistants to big data, and all of the IoT in between, how can and should law enforcement use emerging technologies to find perpetrators and solve crimes?  Following recent cases such as the Supreme Court’s decision in Carpenter v. United States, how have courts, investigators, policymakers, and industry grappled with data in third-party hands?  What questions did Carpenter leave un-answered? Are existing search authorities and privacy laws sufficient in light of recent jurisprudence?

Moderator: Josh Goldfoot, Principal Deputy Chief, DOJ, Computer Crime and Intellectual Property Section (CCIPS)

Luke Dembosky, Cybersecurity and Litigation Partner, Debevoise & Plimpton LLP
Michael Dreeben, Partner, O’Melveny & Myers LLP
Georgia Weidman, Security Researcher and Fellow, New America
Marc Zwillinger, Founder and Managing Member, ZwillGen PLLC

Break (10:45 am - 10:55 am)

Panel 2:
Ensuring Safety & Protecting Privacy amid Rapid Technological Change
(10:55 am - 12:10 pm)

As new technologies transform how people communicate, transact business, and conduct their daily lives, the government must be able to execute its vital law enforcement functions while safeguarding privacy and civil liberties. Against this rapidly changing landscape, what expectations of privacy is society prepared to recognize as reasonable? What are the privacy risks that must be addressed?

Moderator: Andrew Guthrie Ferguson, Visiting Professor of Law, AU WCL

Jim Baker, Director of National Security and Cybersecurity, R Street Institute
Darrin Jones, Assistant Director, Federal Bureau of Investigation (FBI), Information Technology Infrastructure Division
Julian Sanchez, Senior Fellow, Cato Institute
Rachel Levinson-Waldman, Senior Counsel for Liberty and National Security Program, Brennan Center for Justice

Luncheon (12:10 pm - 1:15 pm)

  • Keynote Introduction (12:25 pm - 12:30 pm)
    Deputy Assistant Attorney General Richard W. Downing
    U.S. Department of Justice, Criminal Division

  • Keynote Address (12:30 pm - 1:00 pm)
    Assistant Attorney General Brian Benczkowski
    U.S. Department of Justice, Criminal Division

  • Break (1:00 pm – 1:15 pm)

Panel 3:
Obtaining Borderless Evidence.
(1:15 pm - 2:30 pm)

Globally, nations are grappling with whether and how domestic and foreign authorities can access data that crosses borders or cannot be located.  From the CLOUD Act, to GDPR, to the Budapest Convention on Cybercrime and other multilateral instruments, are nations getting it right?  Are new tools needed?

Moderator: Benjamin Fitzpatrick, Senior Counsel, DOJ, CCIPS

Jennifer Daskal, Faculty Director of Tech, Law & Security Program, AU WCL
Patrick Day, Senior Policy Counsel, Cloudflare Inc.
Sujit Raman, Associate Deputy Attorney General, DOJ
Megan Stifel, Executive Director, Americas, Global Cyber Alliance

Break (2:30 pm - 2:40 pm)

Panel 4:
Toward Enhanced Transparency, Collaboration, and Trust.
(2:40 pm - 3:55 pm)

The relationship between security researchers, law enforcement, industry, and civil society has at times been fraught.  Are there opportunities to enhance understanding and build trust in furtherance of mutual goals?  What could such engagement look like and accomplish?  What are the risks and challenges?

Moderator: Sasha O’Connell, Professorial Lecturer & Executive in Residence, AU School of Public Affairs (SPA)

Leonard Bailey, Special Counsel for National Security, DOJ, CCIPS
Christopher Calabrese, Vice President for Policy, Center for Democracy and Technology
Gavin Corn, Director of Cybersecurity Law Team, Facebook Inc.
Jen Ellis, Vice President of Community and Public Affairs, Rapid7

Concluding Remarks (3:55 pm - 4:00 pm)
Gary Corn, Tech, Law & Security Program Director, AU WCL
Laura-Kate Bernstein, Senior Counsel, DOJ, CCIPS

Tech, Law & Security Program
Department of Justice
School of Public Affairs - American University