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2015 Lara D. Gass Symposium

Cybersurveillance in the Post-Snowden Age

Friday, January 23, 2015 to Saturday, January 24, 2015

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The depth and breadth of the classified documents leaked by former National Security Agency (NSA) contractor Edward Snowden to The Guardian and The Washington Post, is historically unprecedented. This symposium will explore the constitutional and other policy and legal implications of both NSA mass surveillance as well as other forms of big data cybersurveillance. Specifically, the speakers will address the architecture of cybersurveillance tools at the disposal of the NSA and other agencies in the midst of a big data revolution. The participants will examine various policy and legislative proposals that have been recommended in the aftermath of these leaks. Particular attention will be paid to the constitutional interests at stake, as well as the balancing of secrecy and national security objectives with transparency interests and privacy protections. Finally, this symposium will consider the potential impact of government and corporate responses to the Snowden disclosures: current litigation, legislative reform efforts, executive action and compliance approaches, corporate and technological adaptations, and other responses.

Thank you to Our Generous Symposium Sponsors: Provost Office, Washington and Lee University; Mudd Center for Ethics, Washington and Lee University; Dean’s Office, Washington and Lee University School of Law; Frances Lewis Law Center, Washington and Lee University School of Law; John S. and James L. Knight Program in Media Ethics; Dept. of Journalism & Mass Communications, Washington and Lee University; Dept. of Politics, Williams School, Washington and Lee University

Schedule of Events (Updated 1/7/15)

Friday, January 23, 2015

4:00 pm Opening/Welcome
Nora V. Demleitner, Dean and Roy L. Steinheimer Jr. Professor of Law, Washington and Lee University School of Law

4:15–5:30 p.m. Panel Discussion
“The Snowden Disclosures and Framing the Cybersurveillance Debate”

Moderator: Russell A. Miller, Professor of Law, Washington and Lee University School of Law

Panelists: Margaret Hu, Assistant Professor of Law, Washington and Lee University School of Law; Jeffrey Kahn, Professor of Law, SMU Dedman School of Law; Gregory S. McNeal, Associate Professor of Law, Pepperdine University School of Law; Stephen I. Vladeck, Professor of Law, American University Washington College of Law

5:30–6:45 p.m. Panel Discussion
“Post-Snowden Litigation and Post-Snowden Reforms”

Moderator: Mark A. Drumbl, Class of 1975 Alumni Professor of Law and Director of the Transnational Law Institute, Washington and Lee University School of Law

Panelists: William Banks, Founding Director, Institute for National Security and Counterterrorism, Maxwell School of Syracuse University; Ashley Deeks, Associate Professor of Law, University of Virginia School of Law; Christopher Slobogin, Milton R. Underwood Chair in Law and Director of the Criminal Justice Program, Vanderbilt Law School

7:00–7:30 p.m. Reception

7:30–9:00 p.m. Dinner and Keynote Address, Millhiser Moot Court Room Lobby (By Invitation Only)

Introduction: Nora V. Demleitner, Dean and Roy L. Steinheimer Jr. Professor of Law, Washington and Lee University School of Law

Opening Dinner Keynote: General Michael Hayden, Principal, Chertoff Group and Former Director, National Security Agency and Central Intelligence Agency

Saturday, January 24, 2015

8:00 a.m. Continental Breakfast

8:30 a.m. Introductory Remarks
Stephen Halpin, Editor in Chief of the Washington and Lee Law Review

8:45–10:00 a.m. Panel Discussion
“Interpreting the Fourth Amendment after Snowden”

Moderator: Erik Luna, Sydney and Frances Lewis Professor of Law, Washington and Lee University School of Law

Panelists: Jennifer Daskal, Assistant Professor of Law, American University Washington College of Law; David Gray, Professor of Law, University of Maryland Frances King Carey School of Law; Timothy C. MacDonnell, Associate Clinical Professor of Law and Director of the Black Lung Clinic, Washington and Lee University School of Law; Russell Weaver, Professor of Law and Distinguished University Scholar, University of Louisville Louis D. Brandeis School of Law

10:00–10:15 a.m. Break

10:15–11:30 a.m. Panel Discussion
“Snowden Disclosures and the Corporate Impact”

Moderator: Robert Chesney, Charles I. Francis Professor in Law and Associate Dean for Academic Affairs, University of Texas School of Law

Panelists: Danielle Citron, Lois K. Macht Research Professor of Law, University of Maryland Frances King Carey School of Law; Joshua A.T. Fairfield, Professor of Law, Washington and Lee University School of Law; John Falk, Founder and CEO, Vigilent Inc.; David Lieber, Policy Counsel, Google

11:30–11:45 a.m. Break

11:45 a.m.–1:00 p.m. Lunch Panel (**Lunch provided for all Symposium panelists**)
“Data Privacy and Data Protection: Government Review and Responses”

Moderator: Peter S. Margulies, Professor of Law, Roger Williams University School of Law

Lunch Keynote Speakers: Bart Forsyth, Chief of Staff, Congressman James Sensenbrenner; David Medine, Chairman, Privacy and Civil Liberties Oversight Board

1:00–2:15 p.m. Panel Discussion
“National Security Ethics, Privacy, and Executive Power”

Moderator: Angela Smith, Roger Mudd Professor of Ethics and Professor of Philosophy; Director, Roger Mudd Center for Ethics, Washington and Lee University

Panelists: Aly Colón, Knight Professor in Media Ethics, Dept. of Journalism and Mass Communications, Washington and Lee University; Woodrow N. Hartzog, Associate Professor, Cumberland School of Law, Samford University; Rachel Levinson-Waldman, Counsel, Liberty and National Security Program, Brennan Center for Justice

2:15–2:30 p.m. Break

2:30–3:45 p.m. Panel Discussion
“Emerging Technologies and the Future of Cybersurveillance”

Moderator: Mark Rush, Stanley D. and Nikki Waxberg Professor of Politics and Law, Williams School, Washington and Lee University

Panelists: Merritt Baer, Cyber Strategist and Tech Advisor Consultant, U.S. Department of Homeland Security, Office of Cybersecurity and Communications; Geoffrey S. Corn, Professor of Law and Presidential Research Professor, South Texas College of Law; Gavin Corn, Senior Trial Attorney, Computer Crime and Intellectual Property Section, Criminal Division, U.S. Department of Justice; Christopher Jenks, Assistant Professor of Law and Director of the Criminal Justice Clinic, SMU Dedman School of Law; Toni Locy, Associate Professor of Journalism and Mass Communications, Dept. of Journalism and Mass Communications, Washington and Lee University

4:15–4:30 p.m. Break

4:30–5:30 p.m. Reception

5:30–7:00 p.m. Dinner and Keynote Addresses, Faculty Lounge (By Invitation Only)

Introduction and Discussion Moderator: Brian Richardson, Redenbaugh Professor of Journalism and Mass Communications and Head of the Department of Journalism and Mass Communications, Washington and Lee University

Closing Dinner Keynotes (Point/Counterpoint): Ben Wittes, Senior Fellow in Governance Studies, The Brookings Institution; Shane Harris, Senior Correspondent, Daily Beast

Registration

To register for this event, complete the registration form.

About Lara D. Gass

The Lara D. Gass Symposium is named in honor of Lara Gass, a member of the Law Class of 2014 who passed away in an automobile accident in March of 2014. Lara served as Symposium Editor for the Washington and Lee Law Review, organizing the Law Review's 2014 symposium focused on the 40th anniversary of Roe v. Wade.

Lara was active within the Women Law Students Organization and also served as a Kirgis Fellow, the law school's peer mentoring group, during the 2012-2103 academic year. In January 2014, Lara received recognition for her academic achievements, her leadership abilities, her service to the law school and university community, and her character when she was inducted into Omicron Delta Kappa (ODK), the National Leadership Honor Society.

Originally from Tennessee, Lara graduated cum laude from the University of Washington in 2008, where she majored in political science and also studied law and justice. She was a member of several honor societies, including the Pi Sigma Alpha National Political Science Honor Society, the National Society of Collegiate Scholars, and Phi Eta Sigma National Honor Society. She served as a Big Sister, tutoring first grade students, and as a volunteer in the King County (Washington State) Bar Association's Central Legal Clinic.