ABA Annual Meeting 2016: Emerging issues in Law Enforcement and National Security

This time On the Road at the 2016 ABA Annual Meeting, host Joe Patrice speaks with Alsop Louie Partners “partner” Gilman Louie, Electronic Privacy Information Center President and Executive Director Marc Rotenberg, and Advisory Committee for the American Bar Association Standing Committee on Law and National Security Chair Harvey Rishikof about emergent technology’s effect on law enforcement and national security. Mark shares that listening to the FBI director talk about the problems he’s encountering with encryption and how these issues make it more difficult for law enforcement agencies to gain access to evidence was a very interesting portion of the “Emerging Issues in Law Enforcement and National Security” panel. He states that It’s better to have stronger encryption because we’re no longer simply talking about privacy and surveillance, but rather the internet of things and you want that to be secure because it’s a matter of public safety. Gilman emphasizes that law enforcement agencies have many more tools today than they did 10 or 15 years ago simply because of digital exhaust and that, despite challenges to reading encrypted messages, it’s very hard to operate without leaving a digital footprint. Harvey explains that cyber threats fall into four categories: criminals, “hacktavists”, espionage, and war, and that delineating those statutory regimes is incredibly complicated. The group discusses why tracking, attributing, and classifying cyber attacks requires such caution, and they close the interview with an analysis of machine learning and online algorithmic transparency.

Gilman Louie is a partner at Alsop Louie Partners and the founder and former CEO of In-Q-Tel, a strategic venture fund created to help enhance national security by connecting the Central Intelligence Agency and U.S. intelligence community with venture-backed entrepreneurial companies. He completed the Advanced Management Program/International Seniors Management Program at Harvard Business School and received a Bachelor of Science in Business Administration from San Francisco State University.

Marc Rotenberg is president and executive director of the Electronic Privacy Information Center (EPIC) in Washington, DC. He teaches information privacy and open government at Georgetown Law and frequently testifies before Congress on emerging privacy and civil liberties issues. He testified before the 9-11 Commission on “Security and Liberty: Protecting Privacy, Preventing Terrorism.” He has served on several national and international advisory panels, and currently serves on expert panels for the National Academies of Science and the OECD. He is a graduate of Harvard College and Stanford Law School, and received an LLM in International and Comparative Law.

Harvey Rishikof is currently chair of the Advisory Committee for the American Bar Association Standing Committee on Law and National Security and serves on the Board of Visitors for the National Intelligence University (NIU). He was a Professor of Law and National Security Studies at the National War College (NWC) in Washington, DC. and is the former chair of the Department of National Security Strategy at the NWC. He specializes in the areas of national security, civil and military courts, terrorism, international law, civil liberties, and the U.S. Constitution.