What makes the world go round? It is increasingly obvious that today the answer is "data" – specifically, data about individuals that companies collect, transmit, and store. Understandably, governments seek access to that data to protect national security and public safety, but such access raises serious privacy concerns, both at home and abroad. This week's episode features an expert panel from our CLE conference this past February. The panel discusses the various angles of data privacy, as well as the national security benefits and risks of international data flows.

To hear the entirety of this panel discussion, please visit our website:

https://www.americanbar.org/groups/law_national_security/events_cle/national-security-law-cle-webinar-series-2022-emerging-critical-issues/recording-national-security-law-cle-conference-emerging-critical-issues/

For more information on our past CLE Conference: Emerging Critical Issues:

https://www.americanbar.org/groups/law_national_security/events_cle/national-security-law-cle-webinar-series-2022-emerging-critical-issues/

This panel was moderated by Alex Joel, Scholar-in-Residence and Adjunct Professor at the Washington College of Law: https://www.wcl.american.edu/community/faculty/profile/ajoel/bio

Ben Huebner is Chief, ODNI Civil Liberties, Privacy and Transparency Office:

https://www.dni.gov/index.php/component/content/article?id=350&Itemid=800

Leonard Bailey is Head of Computer Crime and Intellectual Property Section’s (CCIPS) Cybersecurity Unit and Special Counsel for National Security in the Department of Justice’s (DOJ) Criminal Division:

https://www.law.georgetown.edu/national-security-center/our-team/leadership-staff/leonard-bailey/

Estelle Masse is Europe Legislative Manager and Global Data Protection Lead at Access Now:

https://www.accessnow.org/profile/estelle-masse/

Stewart Baker is Of Counsel at Steptoe:

https://www.steptoe.com/en/lawyers/stewart-baker.html

References:

Register for the 32nd Annual Review of the Field of National Security Law Conference – The Past, Present and Future: Celebrating 60 Years of the Standing Committee on Law and National Security – November 17th–18th, 2022:

https://web.cvent.com/event/587890d9-7f23-4662-af87-6f106dedfece/summary

The EU General Data Protection Regulation (GDPR):

https://www.trade.gov/european-union-data-privacy-and-protection

Carpenter v. United States:

https://www.supremecourt.gov/opinions/17pdf/16-402_h315.pdf

Riley v. California:

https://www.supremecourt.gov/opinions/13pdf/13-132_8l9c.pdf

Paul Ohm, "The Broad Reach of Carpenter v. United States." Just Security. June 27, 2018:

https://www.justsecurity.org/58520/broad-reach-carpenter-v-united-states/

The Fourth Amendment Third Party Doctrine:

https://sgp.fas.org/crs/misc/R43586.pdf

Leaders of A Beautiful Struggle v. Baltimore Police Department:

https://www.ca4.uscourts.gov/opinions/201495A.P.pdf

Smith v. Maryland:

https://supreme.justia.com/cases/federal/us/442/735/

E.O. 12333:

https://dpcld.defense.gov/Portals/49/Documents/Civil/eo-12333-2008.pdf