⚐ Harvard International Law Journal Symposium: “Sovereignty in Cyberspace” Panel

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March 7th 2014, Cambridge, MA

The Harvard International Law Journal Symposium kindly invited me to their symposium to participate in a panel entitled: “Beyond State Boundaries: Challenges of International Law in Cyberspace”.

We discussed the blurred lines between cyber-crime, cyber-terrorism, cyber-espionnage, cyber-war, and what was at stake in our ability to provide clear answers to navigate these questions both domestically and internationally (hint: democracy). We also addressed the cyber-security concerns of businesses in this context.

I’ve learned a lot from my co-panelists and we have decided to keep this conversation going beyond our panel. Their expertise and remarks are very helpful to shape the cyberpeace framework: more soon on the follow-up.

The Symposium website is here, panel description and panelists bios are pasted below, and I am grateful to Michelle Ha & Sarah Lee who invited me to the event and did a rockstar job in putting the symposium together.

Panel: Beyond State Boundaries: Challenges of International Law in Cyberspace

This panel will address the implications that the evolution of the Internet and technology in general, which are thought to defy states’ ability to control their territorial boundaries and laws or policies within their states, present to the notion of sovereignty. From cyber war to cyber surveillance, the NSA’s practice and policies to ongoing online trade espionage, the panelists will refer to main recent events to explore the existing laws and their potential shortcomings in governing the online sphere.Panel sponsored by Sullivan & Cromwell. Susan Brenner (NCR Distinguished Professor of Law and Technology, University of Dayton School of Law)

Jeffrey Carr (Founder and CEO of Taia Global Inc., Author of “Inside Cyber Warfare: Mapping the Cyber Underworld)

Leo Clarke (Senior Vice President and General Counsel at Washington Federal, Expert on cyber risk management)

John Evangelakos (Partner, Sullivan & Cromwell)

Camille François (Fellow at the Berkman Center for Internet and Society)

Moderator: Charles R. Nesson (William F. Weld Professor of Law, Harvard Law School)

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Susan W. Brenner is NCR Distinguished Professor of Law and Technology at the University of Dayton School of Law. She specializes in two distinct areas of law: grand jury practice and cyberconflict, i.e., cybercrime, cyberterrorism and cyberwarfare. In 1996, Professor Brenner and then Assistant U.S. Attorney Gregory Lockhart published Federal Grand Jury: A Guide to Law and Practice, which was a treatise addressing the various aspects of grand jury practice in the federal system. Professor Brenner has spoken at numerous events, including two Interpol Cybercrime Conferences, the Middle East IT Security Conference, the American Bar Association’s National Cybercrime Conference and the Yale Law School Conference on Cybercrime. She was a member of the European Union’s CTOSE project on digital evidence and served on two Department of Justice digital evidence initiatives. She also chaired a Working Group in an American Bar Association project that developed the ITU Toolkit for Cybercrime Legislation for the United Nation’s International Telecommunications Union. She is a senior principal for Global CyberRisk, LLC. Professor Brenner is a member of the American Academy of Forensic Sciences. In 2010, Praeger published her most recent book, Cybercrime: Criminal Threats from Cyberspace.

Jeffrey Carr, founder and CEO of Taia Global Inc., is the author of “Inside Cyber Warfare: Mapping the Cyber Underworld” (O’Reilly Media 2009 and 2011 (2nd edition)). His book has been endorsed by General Chilton, former Commander USSTRATCOM and the Forward to the second edition was written by former Homeland Secretary Michael Chertoff. Jeffrey is an adjunct professor at George Washington University where he taught a course in Cyber Conflict. He has spoken at over 100 conferences and seminars (e.g. the US Army War College, Air Force Institute of Technology, Chief of Naval Operations Strategic Study Group, the Defense Intelligence Agency, the CIA’s Open Source Center).

Leo Clarke has been counseling clients on cyber risk management since 1998. He has published fifteen scholarly and practice-oriented works on cyber-related issues and has spoken at dozens of conferences throughout the U.S. and from Estonia to Dubai. Leo has also served as general counsel of regional banks, been counsel of record in complex lawsuits in twelve states, and taught at five law schools. He graduated with honors from Stanford University and UCLA Law School.

John Evangelakos is a Partner in Sullivan & Cromwell’s Mergers and Acquisitions Group. He is also co-head of the Firm’s Intellectual Property Group. He has led transactions in a wide variety of industries, but in recent years much of his work has been in the financial services sector. He was resident in the Firm’s Hong Kong office between 1994 and 1997. Evangelakos graduated from Harvard University in 1981 and the New York University School of Law in 1985. He also clerked for Hon. Jerre S. Williams, U.S. Court of Appeals, Fifth Circuit (1985 – 1986).

Camille François is a fellow at Harvard Law School’s Berkman Center, working on surveillance and cybersecurity issues, cyberwar and cyberpeace, and public policy issue in robotics (especially drones & self-driving cars). A Fulbright Fellow, she is also a Visiting Scholar at Columbia University’s Saltzman Institute for War and Peace Studies. She helped structure the School of Public and International Affairs program in Cybersecurity and worked for the US Defense Advanced Research Projects Agency (DARPA), organizing the Expert Workshop on Privacy in Cyberspace at the agency’s headquarters. In 2013, she won first place for Columbia at the Atlantic Council Cyber 9/12 National Challenge in Cyber Policy. She previously worked for Google in Europe, managing research on market insights, key policy and privacy trends. In her home country of France, she has worked mainly in politics, serving two years in the Parliament as a legislative aide and holding leadership positions in national and local campaigns. She also participated in the main research project on religious politics in the French suburbs, published by the think tank L’Institut Montaigne. She holds a Master’s degree in International Public Management from Sciences-Po Paris University, and a Master’s degree in International Security from the Columbia School of Public and International Affairs. She completed her Bachelor at Sciences-Po Paris, with a year as a visiting student at Princeton University, and received legal education at Paris II – Sorbonne Universités.

Charles Nesson is the William F. Weld Professor of Law at Harvard Law School and joined the HLS faculty in 1966. He is the founder of the Berkman Center for Internet & Society at HLS and of the Global Poker Strategic Thinking Society. He authored Evidence, with Murray and Green, and has participated in several cases before the U.S. Supreme Court, including the landmark case Daubert v. Merrell Dow Pharmaceuticals. Professor Nesson has an A.B. from Harvard College and a J.D. from Harvard Law School.

 

 

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