Faculty Paper: Regulators in Cyberia

A team from the Regulatory Transparency Project, including NSI Founder Jamil N. Jaffer and NSI Advisory Board members Stewart Baker and Paul Rosenzweig, recently authored a ground-breaking paper on cyber regulations. The paper highlights the unintended consequences that regulations can have on America’s most dynamic and fastest growing industry:  the technology sector.  This paper is the first of a series exploring differing viewpoints on regulatory matters.  The paper is available here and more information about the Regulatory Transparency Project can be found here.

Key highlights from the paper include:

  • What is the role of Federal regulation and standard setting in the technology sector?…Our conclusion is simple – regulation should be the [f]ederal tool of last resort.
  • Over the past four decades or so, the technology sector has enjoyed rapid growth, with tremendous innovation across a wide range of markets, in significant part because of the relative lack of regulation.
  • This is not to suggest that the technology industry, like others, could not benefit from incentives to promote beneficial behavior, nor that regulation may never be necessary[; t]o the contrary, there are a wide range of social outcomes that policy makers might want to encourage.
  • [T]he best approach to obtaining potential benefits is typically with positive incentives (the “carrot”) rather than reaching instinctively for the regulatory “stick.”
  • With parties given incentives to create solutions, imaginative new approaches can improve outcomes while costly “unintended consequences” are avoided.
  • While the use of positive incentives may take longer to propagate through the economic system than the use of direct regulation, the reality is that positive incentives, particularly if deployed to a wide range of organizations…can have similar outcomes to direct regulation over the long run.
  • The danger of regulatory overreach in the technology sector is particularly strong. Regulations are inherently rigid…This reality makes it hard to engage in rapid course correction when needs change, perhaps – as endemically occurs in this sector – because an established business model has been disrupted or an underlying technology displaced.
  • Rules which had been perceived as necessary remain stuck in time, fixed in place long past their usefulness. There they become impediments rather than expedients.
  • More often than not, regulators would be wise to follow the advice, “Don’t just do something, stand there.”
  • With short-lived product cycles and waves of technological progress, heavy administrative processes will struggle to keep up. Regulators are not known for an innovative approach to seeking better, more efficient ways to regulate.
  • In an environment where the market is dynamic, this paper concludes that the best answer is a “do no harm” approach to the use of regulatory tools…[employing] general standards whose meaning evolves as technologies change.

To read more, click here.

Distinguished Speaker Series: Senator Tom Cotton on Defending the Nation and Section 702

 

 

 

 

 

 

 

 

 

 

The National Security Institute at the Antonin Scalia Law School, George Mason University and the Intelligence and National Security Foundation present the first event in our Distinguished Speaker Series featuring Senator Tom Cotton, Member of the Senate Select Committee on Intelligence and Chairman of the Airland Subcommittee of the Senate Armed Services Committee, for a discussion on defending the Nation in the 21st Century, including Section 702 reauthorization and empowering the intelligence community to detect and monitor threats to our nation.

NSLJ Spring Symposium: Exploring Private Sector and Government Interactions Post-Cyber Breach

 

Please Join Us for Our Spring 2017 Symposium on April 12th at 6:00pm where our panel will explore the legal and policy issues surrounding private sector and government interactions following a cyber incident. 

RSVP to symposium@nslj.org 

We are pleased to welcome a distinguished panel of attorneys specializing in cybersecurity, privacy, and national security law from the public and private sector for this event, two of whom are George Mason alumni.

Panelists

Scott Ferber, Associate Deputy Attorney General, Department of Justice (National Security Division) Washington, DC: Bio Forthcoming

Gerry Stegmaier (GMU Law ’00), Partner, Reed Smith LLP, Washington, DC: Gerry is a partner in the Reed Smith’s Intellectual Property, Information and Innovation group. He focuses his practice on corporate governance, intellectual property and Internet issues, especially as they relate to privacy, information security and consumer protection. An experienced and pragmatic litigator, Gerry focuses a significant part of his practice on prelitigation and advisory services relating to business strategy for privacy by design, data protection, intellectual property, and emerging technologies and markets, often acting as outside product counsel to leading innovators and disruptive technology companies.

Gerry is designated as a Certified Information Privacy Professional by the International Association of Privacy Professionals. In recent years, he has helped many automotive, health information technology, data management, advertising and consumer technology companies with information management and protection strategy including some of the most popular consumer products and services of the last decade.

Gerry graduated magna cum laude from Antonin Scalia Law School at George Mason University where he was an editor of the George Mason Law Review. Following graduation, he clerked for the Honorable Pauline Newman of the U.S. Court of Appeals for the Federal Circuit. He is a practitioner in residence and a Senior Research Fellow for George Mason’s Program on the Economics of Privacy as well as an adjunct member of the law faculty.

Robert Duffy (GMU Law ’09), Associate, Baker McKenzie, Washington, DC: Robert is a litigation associate in Baker McKenzie’s Washington, DC office. His practice involves advising clients on administrative, civil and criminal litigation matters, as well as internal investigations. Robert is a member of Baker McKenzie’s global cybersecurity practice.

Mr. Duffy focuses his practice on internal investigations and litigation related to complex administrative, civil and criminal matters. He advises clients on cybersecurity issues related to compliance and incident response. He also advises clients on information governance such as legal standards for securing data and identifying, preserving, collecting, and producing data in the context of litigation, internal investigations, and other disputes. He advises clients on the use of predictive coding and other advanced technologies in the context of internal investigations, government investigations, and civil litigation. He regularly utilizes his background in computer science and software engineering to deliver unique insights to clients facing complex legal issues implicating information technology.

Representative matters include advising a major telecommunications provider on compliance with a DOJ Civil Investigative Demand regarding competition issues, counseling one of the world’s largest providers of banking and payment services with respect to a significant cyber attack, and counseling a major transportation company in response to an FTC investigation regarding cyber issues.

Robert graduated from Antonin Scalia Law School at George Mason University in 2009.

Stay Tuned for Information About Our Potential Fourth Panelist!

Moderator

Kiran S. Raj, Partner, O’Melveny & Myers LLP, Washington, DC (Formerly Deputy General Counsel, Department of Homeland Security): Formerly the Department of Homeland Security’s highest-ranking attorney focused on cybersecurity and technology, Kiran draws on his extensive government and corporate experience to counsel clients on their most critical privacy and cybersecurity issues.

Before joining O’Melveny, Kiran served as Deputy General Counsel at the Department of Homeland Security, working directly with leaders of corporate America on the intersection of cybersecurity and privacy with law, policy, and technology.  Kiran held a similar role at the US Department of Justice as Senior Counsel to the Deputy Attorney General, where he advised the Department’s senior leadership on significant issues and managed policy-related matters, with particular focus on cybersecurity, national security, and civil litigation.

At DHS, Kiran also managed the Technology Programs Law Division and oversaw department-wide intellectual property law matters, including patent, trademark, copyright, data rights, and related litigation, calling on his electrical engineering and computer science background. Previously, he was a lead program manager at Microsoft and held a wide-ranging role in a startup environment that included technical leadership, business development, and marketing efforts.

Kiran also teaches National Security, Surveillance & Cybersecurity Law as an Adjunct Professor at the Antonin Scalia Law School at George Mason University. He is also a faculty member of the recently created National Security Institute at  Antonin Scalia Law School and clerked for the Honorable Pierre N. Leval of the United States Court of Appeals for the Second Circuit.

Jamil Jaffer, Former Clerk to Supreme Court Nominee Neil Gorsuch, Testifies Before Senate Judiciary Committee on Behalf of Nominee

 

EMBARGOED FOR RELEASE
March 23, 2017
Contact: Mike Burita
mike@buritamedia.com
202-420-9361

Scalia Law Adjunct Professor Jamil Jaffer, Former Clerk to Supreme Court Nominee Neil Gorsuch, Testifies Before Senate Judiciary Committee on Behalf of Nominee

Arlington, VA – Jamil N. Jaffer, an adjunct professor at Antonin Scalia Law School at George Mason University, will testify before the U.S. Senate Committee on the Judiciary today in support of Supreme Court nominee Neil S. Gorsuch. Jaffer served as a former law clerk to Gorsuch and is available for interview to share his perspective on President Trump’s pick for the nation’s highest court. Jaffer knows Gorsuch well both personally and professionally. A live stream to today’s hearing is available here.

Jamil N. Jaffer is founder of the National Security Institute at George Mason University’s Scalia Law School.  He is an expert on counterterrorism, intelligence, surveillance, cybersecurity, and other national security matters.  In addition to the government service described below, during the Bush Administration, Jamil served in the Justice Department’s Office of Legal Policy where he worked on the confirmations of Chief Justice John G. Roberts, Jr. and Justice Samuel A. Alito, Jr. to the United States Supreme Court.

Jamil previously served as the Chief Counsel and Senior Advisor for the Senate Foreign Relations Committee and as Senior Counsel to House Intelligence Committee.  In the Bush Administration, in addition to serving in OLP, Jamil served in the White House as an Associate Counsel to the President and in the Justice Department as Counsel to the Assistant Attorney General for National Security.

Jamil Jaffer’s full bio is here and recent media appearances  here and here (PBS interview starts at 3:35).

About George Mason

George Mason University is Virginia’s largest public research university. Located near Washington, D.C., Mason enrolls more than 35,000 students from 130 countries and all 50 states. Mason has grown rapidly over the past half-century and is recognized for its innovation and entrepreneurship, remarkable diversity, and commitment to accessibility.

About the Scalia Law School

The Antonin Scalia Law School at George Mason University is defined by three words: Learn. Challenge. Lead. Students receive an outstanding legal education (Learn), are taught to critically evaluate prevailing orthodoxy and pursue new ideas (Challenge), and, ultimately, are well prepared to distinguish themselves in their chosen fields (Lead). It has been one of America’s top-ranked law schools for the last fifteen years.

CSIS: Cyber Disrupt 2017

The Center for Strategic and International Studies hosted Cyber Disrupt 2017, a one-day summit in Washington, D.C.

NSI Founder Jamil Jaffer spoke at a cyber security event hosted by CSIS on aspects of cybersecurity, policy, and technology on March 15, 2017. Begin video at 7:43:43

National Security Institute at George Mason University’s Antonin Scalia Law School Announces Advisory Board

 

EMBARGOED FOR RELEASE
March 7, 2017
Contact: Mike Burita
mike@buritamedia.com
202-420-9361

National Security Institute at George Mason University’s Antonin Scalia Law School Announces Advisory Board

Nearly Two Dozen Members Representing Decades of Expertise and Public Service in Federal Counterterrorism, Defense, and Intelligence 

Arlington, VA – The National Security Institute (NSI) at Antonin Scalia Law School at George Mason University today released names of a board of advisors representing decades of experience in public service in a wide range of federal counterterrorism, defense, and intelligence agencies.  They include former senior national security officials from multiple prior administrations and the U.S. Congress, including Attorney General Michael B. Mukasey, CIA Director Gen (ret.) Michael V. Hayden, and NSA Director and Founding Commander of U.S. Cyber Command, Gen. (ret.) Keith B. Alexander, House Intelligence Committee Chairman Mike Rogers (R-MI), and National Counterterrorism Center Director Matt Olsen.  A full list of current NSI Advisory Board members can be found here.

“The NSI Board of Advisors is represented by a deep bench of today’s key influencers in counterterrorism, defense, and intelligence,” said NSI Founder Jamil N. Jaffer. “It will bolster our organization as we strive to contribute practical solutions to complex national security questions from maintaining highly effective and fully lawful foreign intelligence surveillance capabilities to securing our nation’s critical computer networks and systems.”

The NSI was launched last month as a resource to bring national security experts together with policymakers to find practical answers to hard national security law and policy questions. From its advantageous location right next to the nation’s capital, NSI serves as a platform for research, teaching, scholarship, and policy development that incorporates a realistic assessment of the threats facing the United States and its allies, as well as an appreciation of the legal and practical challenges facing U.S. intelligence, defense, law enforcement, homeland security, and cybersecurity communities.

The institute draws on the experience of its board of advisors as well as faculty members and experts to produce research and policy materials that are highly relevant to current questions of national security law and policy and that are immediately useful to senior policymakers in the White House and key departments and agencies, as well as on Capitol Hill.

About George Mason

George Mason University is Virginia’s largest public research university. Located near Washington, D.C., Mason enrolls more than 33,000 students from 130 countries and all 50 states. Mason has grown rapidly over the past half-century and is recognized for its innovation and entrepreneurship, remarkable diversity, and commitment to accessibility.

About the Scalia Law School

The Antonin Scalia Law School at George Mason University is defined by three words: Learn. Challenge. Lead. Students receive an outstanding legal education (Learn), are taught to critically evaluate prevailing orthodoxy and pursue new ideas (Challenge), and, ultimately, are well prepared to distinguish themselves in their chosen fields (Lead). It has been one of America’s top-ranked law schools for the last fifteen years.