KUCI: Privacy Piracy

Frank A. S. Campbell is the Founder and Chief Executive Officer of Highland Strategies, LLC, a firm providing strategic consulting services relating to the use of information in connection with new technologies to enhance public safety and homeland security. Frank's 30-year professional career covers a broad range of public policy and legal experience, including 14 years in federal law enforcement and national security agencies and 14 years in private law practice.

Frank served for nearly a decade (1999-2008) as a career Deputy Assistant Attorney General and Senior Counsel in the DOJ Office of Legal Policy. He began his government service in 1994 as an Assistant General Counsel for the FBI. While in government, Frank played a key role in developing policy initiatives and programs relating to background screening, identity management using biometrics, counterterrorism and information sharing, and the development and use of enhanced forensic technologies by law enforcement, including fingerprinting, DNA, and ballistics.

Frank is regarded as the architect of the National Instant Check System (NICS), the background check system for gun buyers operated by the FBI under the Brady Handgun Violence Prevention Act. In the 12 years since it began, the NICS has processed more than 100 million background checks and prevented over a million transfers of firearms to persons prohibited by law from receiving a gun. Frank also spearheaded the Department's efforts to implement the NICS Improvement Act, a law passed in the wake of the Virginia Tech tragedy that aims to improve the completeness of automated information needed to deny guns to prohibited persons.

Frank also provided legal and policy guidance on the security, privacy, and dissemination of information in the FBI's national criminal history record system. He authored the June 2006 Attorney General's Report on Criminal History Background Checks. The report recommends to Congress changes in the law to make FBI criminal history data more broadly available to private sector employers and in a way that harmonizes with the privacy and fair information practice requirements of the Fair Credit Reporting Act and applicable equal employment opportunity laws and regulations. The report also made recommendations for improving the completeness of records in the national criminal history system. Frank testified on the report's recommendations as the DOJ witness at a congressional hearing on the need for efficiency and accuracy in background checks.

Frank led the effort to develop the Attorney General's implementation guidelines for the information sharing provisions of the USA PATRIOT Act, including guidelines for the sharing with the intelligence community and homeland security officials of foreign intelligence acquired in the course of criminal investigations. Frank authored the July 2008 proposed revision of the DOJ privacy and civil liberty guidelines and regulations governing federally-funded state criminal intelligence systems to bring them in line with the new, post-9/11 information sharing environment and investigative policies aimed at preventing terrorism.

Frank assisted in efforts to define government-wide approaches to using biometrics to enhance identification in law enforcement and national security applications, including the joint National Security and Homeland Security Presidential Directives (NSPD-59/HSPD-24) titled, "Biometrics for Identification and Screening to Enhance National Security." Frank worked on legislation, regulations, and grant initiatives supporting the further development and expansion of the FBI Combined DNA Index System (CODIS), including the December 2008 DOJ rule requiring DNA-sample collection and biological evidence preservation in federal jurisdiction.

As an Assistant General Counsel for the FBI, Frank provided legal advice and counsel to the FBI Director and Senior Executives on issues concerning the administration of the FBI. His portfolio included criminal justice information management, Privacy Act issues, personnel and ethics issues, and response to issues raised by DOJ Inspector General, including reforms to policies and procedures governing the FBI Laboratory Division. His special responsibilities included representing FBI witnesses before the House committee investigating Whitewater, Travelgate, and Filegate.

Frank received his B.A. from Lafayette College in 1977 and his law degree from the George Washington University in 1980. Frank and his wife Lisa have three children and live in the District of Columbia.

www.highlandstrategies.com

Senator Joe Simitian was elected to the California State Senate in November 2004 to represent the 11th State Senate District, which includes portions of San Mateo, Santa Clara and Santa Cruz counties. His public service over the years includes stints as a State Assemblymember, member of the Santa Clara County Board of Supervisors, Mayor of Palo Alto and President of the Palo Alto School Board. He has also served as an election observer/supervisor in El Salvador and Bosnia, and participated in refugee relief and resettlement efforts in Albania and Kosovo.

In the Senate, Simitian chairs the Select Committee on Privacy and the Environmental Quality Committee. He also serves as a member of numerous other committees.

Senator Simitian received his BA with academic honors, from The Colorado College. He also holds his Masters in International Policy Studies from Stanford University, a Masters in City Planning and a law degree from UC Berkeley.

The Capitol Weekly identified Simitian as one of the half-dozen Most Effective members of the Legislature.

San Jose Magazine has repeatedly recognized him as one of the Power 100 of Silicon Valley, and in 2003 Simitian was selected by Scientific American magazine as one of the Scientific American 50 Leaders in Technology from around the world.

Joe Simitian and his work have been quoted or noted in publications as diverse as the Atlantic Monthly, Conde Nast Traveller, Mother Jones, People Magazine, and Scientific American. His many media appearances range from CNN to the Dr. Phil Show, and he has been on our show two times before. He is our privacy hero!

You can learn more about Senator Simitian at www.sen.ca.gov or www.sentatorsimitian.com.

Senator Simitian is on the following committees:

Environmental Quality Committee, CHAIR

Budget Committee, Member

Education Committee, Member

Energy, Utilities, and Communications Committee, Member

Natural Resources and Water Committee, Member

Transportation and Housing Committee, Member

SELECT COMMITTEES

Select Committee on Privacy, CHAIR

Select Committee on Delta Conservation, Conveyance and Governance, CHAIR

Select Committee on Delta Stewardship and Sustainability, Member

Select Committee on Climate Change and AB 32 Implementation, Member

Attorney Robert Brennan grew up steeped in the legal tradition: his uncle was former U.S. Supreme Court Justice William J. Brennan, Jr. (deceased), and his father, Frank Brennan, was chief in-house counsel for several major U.S. corporations during his long career.

Robert Brennan began his career in civil litigation in 1988, and opened his own general practice firm, The Law Offices of Robert F. Brennan in 1991 (www.brennanlaw.com). The firm specializes in litigating cases related to violations of consumer protection laws, including unfair and abusive debt collection, lemon law, automotive dealer fraud, wrongful credit damage, personal injury, and consumer protection class actions.

Robert is an experienced and aggressive trial lawyer with an excellent win record. His litigation experience includes medical malpractice, consumer fraud (including consumer warranty and "lemon law" issues), personal injury, and business litigation. He is also a nationally recognized speaker on consumer protection and consumer fraud issues, and has published numerous articles on those and other litigation issues. He is the co-author of a book I have in front of me called Debt Collection Answers: How To Use Debt Collection Laws to Protect Your Rights.

For more information, please visit www.brennanlaw.com; www.socaldebtcollectionabuse.com; www.socalcreditdamage.com.

Aaron Kahn is a litigator specializing in commercial litigation, trust and probate litigation, and white-collar internal investigations and defense. He has represented clients in both state and federal court, as well as in multi-million dollar arbitrations in connection with disputes involving personal and business torts, contract law, commercial fraud, unfair competition/false advertising law, trust & probate law, and constitutional law. His clients have included individuals, small businesses, charitable institutions, and large international corporations in a variety of industries including sports & entertainment, technology, retail, health care, manufacturing, real estate development, engineered products and services, financial services, legal services, and banking.

Mr. Kahn's significant recent experience includes being a member of the trial team representing a major nonprofit organization, Log Cabin Republicans, in its high-profile lawsuit challenging the constitutionality of the US military's Don't Ask Don't Tell policy. During the two-week federal court trial, which concluded in July 2010, White & Case presented extensive documentary evidence and testimony by experts and former servicemembers, all of which demonstrated that the policy does not further any of its asserted governmental purposes. As part of the trial, Mr. Kahn presented and examined several witnesses, including highly-decorated and accomplished Air Force servicemembers discharged under Don't Ask, Don't Tell.

Mr. Kahn's recent experience also includes defending a major technology company in several high-stakes class arbitrations before the American Arbitration Association, conducting internal investigations for several large corporations concerning allegations of fraud and Foreign Corrupt Practices Act violations, and representing charitable institutions in high-value trust and probate challenges.

Aaron Kahn serves on the Loyola Law School Alumni Association's Board of Governors and is active in the Loyola Law School community.

www.whitecase.com/aakahn/

Mike Almy joined the US Air Force in 1993 after graduating from Wright State University, where he earned his commission through Air Force ROTC, as a distinguished graduate. He served a total of thirteen years on active duty as a communications officer before he was discharged under "Don't Ask, Don't Tell" in 2006. In his last position in the Air Force he led a team of nearly 200 men and women, responsible for operating and maintaining the command and control systems used to control the airspace over Iraq. His discharge process lasted sixteen months and started after the Air Force searched his private emails in Iraq.

During his career in the Air Force Mike has been stationed at Kelly AFB, Texas, Randolph AFB, Texas, Scott AFB, Illinois, Tinker AFB, Oklahoma, Quantico MCB, Virginia, Ramstein AB, Germany and Spangdahlem AB, Germany. He deployed to the Middle East four times during his career, supporting Operation Desert Fox, Operation Southern Watch and Operation Iraqi Freedom. He has a master's degree from Webster University, and is a graduate of Marine Corps University and Air University. His decorations include the Joint Commendation Medal, Air Force Commendation Medal, Humanitarian Service Medal and the Operation Iraqi Freedom Campaign Medal. He was named Officer of the Quarter, and Officer of the Year several times throughout his career. In 2005, he was named the top communications officer for the Air Force in Europe. In 2006 he was recommended for promotion to Lieutenant Colonel, even as the Air Force was actively seeking to discharge him under DADT.

Since his discharge from the military Mike has worked as an IT consultant in the Washington, DC area, on projects for the Department of State and Department of Defense. His hometown is Dayton, Ohio. He has been an advocate for repealing Don't Ask, Don't Tell by testifying before the Senate Armed Services Committee and lobbying members of Congress. He spoke alongside Senators Lieberman and Levin when the bill to repeal DADT was introduced in the Senate. He has been interviewed on NPR, CNN, The Associated Press, The Rachel Maddow Show, Kathy Griffin's, My Life on the D List and the Advocate. He also escorted Lady Gaga to the MTV Video Music Awards and spoke at the repeal rally she held in Maine, before the vote in the Senate.

Erwin Chemerinsky is the founding dean and distinguished professor of law at the University of California, Irvine School of Law, with a joint appointment in Political Science.

Previously, he taught at Duke Law School for four years, during which he won the Duke University Scholar-Teacher of the Year Award in 2006. Before that he taught for 21 years at the University of Southern California School of Law, and served for four years as director of the Center for Communications Law and Policy. Chemerinsky has also taught at UCLA School of Law and DePaul University College of Law.

His areas of expertise are constitutional law, federal practice, civil rights and civil liberties, and appellate litigation. He is the author of seven books, most recently, The Conservative Assault on the Constitution (October 2010, Simon & Schuster), and nearly 200 articles in top law reviews. He frequently argues cases before the nation's highest courts, and also serves as a commentator on legal issues for national and local media.

He is the author of seven books. His newest, The Conservative Assault on the Constitution, has been released just in time for the start of the U.S. Supreme Court's new term.

Dean and Distinguished Professor of Law, University of California, Irvine, School of Law. Prior to assuming this position in July 2008, was the Alston & Bird Professor of Law and Political Science, Duke University. Joined the Duke faculty in July 2004 after 21 years at the University of Southern California Law School, where he was the Sydney M. Irmas Professor of Public Interest Law, Legal Ethics, and Political Science. Before that he was a professor at DePaul College of Law from 1980-83. Practiced law as a trial attorney, United States Department of Justice, and at Dobrovir, Oakes & Gebhardt in Washington, D.C. Received a B.S. from Northwestern University and a J.D. from Harvard Law School.

He has authored 7 books, and over 100 law review articles that have appeared in journals such as the Harvard Law Review, Michigan Law Review, University of Pennsylvania Law Review, Stanford Law Review and Yale Law Journal. Writes a regular column on the Supreme Court for California Lawyer, Los Angeles Daily Journal, and Trial Magazine, and is a frequent contributor to newspapers and other magazines. Regularly serves as a commentator on legal issues for national and local media.

In April 2005, was named by Legal Affairs as one of the top 20 legal thinkers in America. Named by the Daily Journal in 2008 and 2009 (and many prior years) as one of the 100 most influential lawyers in California. In 2006, received the Duke University Scholar-Teacher of the Year Award. Has received many awards from educational, public interest, and civic organizations.

Frequently argues appellate cases, including in the United States Supreme Court and the United States Courts of Appeals. Testified many times before congressional and state legislative committees.

Elected by the voters in April 1997 to serve a two year term as a member of the Elected Los Angeles Charter Reform Commission. Served as Chair of the Commission which proposed a new Charter for the City which was adopted by the voters in June 1999. Also served as a member of the Governor's Task Force on Diversity in 1999-2000. In September 2000, released a report on the Los Angeles Police Department and the Rampart Scandal, which was prepared at the request of the Los Angeles Police Protective League. Served as Chair of the Mayor's Blue Ribbon Commission on City Contracting, which issued its report in February 2005.