Tech, Law & Security Program at American University Washington College of Law

Did you miss our year-end wrap-up in the Legal Code? Read an abbreviated version below, and sign-up for future issues! https://loom.ly/GDtFs3Q *** THE YEAR IN REVIEW The latter half of December often induces people to reflect on the previous year; we are not immune to this tendency. Here is an abbreviated summary of what we have been up to over the past 12 months. In 2024, we invited experts to speak about quantum computing, cybersecurity, and TOR. We held events where panelists spoke about the role of the private sector in cyber conflicts, freedom of speech and misinformation, military justice, digital inclusivity, commercially available information, disrupting cyber threats at scale, and nuclear safety and security. We coordinated with our partners to host the Third Annual Symposium on Cyber & International Law, "Future Conflict: The International Law of Cyber and Information Convergence," with registration numbers that exceeded capacity. (Find recordings of the event here: https://loom.ly/lUS1zgM.) In 2024, the TLS staff, along with senior fellows, advisory board members, and Dean's Fellows, published more than 25 pieces with a variety of outlets, including the Lieber Institute's Articles of War; Lawfare; The Hill; Just Security; Opinio Juris; Cipher Brief; Tech Policy Press; and others. We also published four research reports: “Content Moderation and the Least Cost Avoider” by Senior Fellow Paul Rosenzweig (available at https://loom.ly/JLRyx20); “A Diversity of Adequacy: The European Commission’s 11-Country Adequacy Review ” by Dean’s Fellow Lauren Macievic (available at https://loom.ly/46_wTz0); “Child Privacy in the Digital Era: Is COPPA Enough?” by Dean’s Fellow Melannie Sandoval (available at https://loom.ly/rMEaV8U); and “Protection of Nuclear Facilities in Warfare under International Law” by Program Director Gary Corn co-authored with Sean Watts (available at https://loom.ly/_n5oeCk). In 2024, the TLS staff, along with senior fellows, advisory board members, affiliated faculty, and Dean's Fellows, were interviewed on more than 10 podcast episodes, quoted in more than 15 news articles, spoke on more than 25 panels at events and conferences around the world, and gave expert testimony to state and federal legislators. 2024 has been a busy and fulfilling year, and we are looking forward to building on these successes in 2025. Happy holidays!

In case you missed it, take a look at Senior Project Director Alex Joel's analysis of the April 2024 opinion of the Foreign Intelligence Surveillance Court (FISC) approving the annual Section 702 certifications for the coming year.

Next week! Program Coordinator Kathleen Scoggin will be speaking on a panel titled, "AI for a Human-Centered Internet." Artificial Intelligence is transforming the digital landscape in unprecedented ways, influencing everything from online interactions to global innovation. In this session, speakers will explore the role of AI in shaping the future of the internet, focusing on how it can be harnessed to foster inclusivity, safety, and human-centered development. Speakers will discuss both the opportunities AI presents and the ethical challenges it poses as we work towards creating a digital ecosystem that benefits all. Register here: https://loom.ly/wDj053c

Last week, Program Coordinator Kathleen Scoggin attended the annual general meeting for ICANN in Istanbul, and reflected on the experience in a note published in our newsletter. Read her comments below, and if you did not receive the newsletter, you can register for the Legal Code here: https://loom.ly/GDtFs3Q. *** ICANN81 As regulation and fragmentation continue to threaten open and interconnected nature of the internet, the role of the Internet Corporation for Assigned Names and Numbers (ICANN) in safeguarding its global accessibility is increasingly critical. This week, the annual general meeting of the organization took place in Istanbul, Türkiye and attempted to answer pressing challenges of DNS Abuse, the next release of new generic top-level domains (gTLDs), and the broader implications of equitable internet governance. One of the key discussions of the At-Large Advisory Committee, the constituency that represents individual end-users of the internet, was the Applicant Support Program, which aims to ensure that underserved regions have the resources needed to take part in the upcoming gTLD application process. This program is essential for reducing disparities in access and representation within the DNS through legal and financial support. In addition to this, the meeting addressed critical challenges like mitigating DNS abuse and community engagement, topics directly relevant to the cybersecurity focus of the TLS program. This participation in ICANN81 was important to advancing the mission of a free and open internet for all. More information about the meeting topics can be found here: https://loom.ly/FWzzcWM.

Senior Project Director Alex Joel moderated a fantastic discussion titled, "Protecting Personal Data as a National Security Imperative," with Advisory Board Member Carrie Cordero (Center for a New American Security ), Maher Bitar (National Security Counsel), and Alex Iftimie (OpenAI). The conversation covered a wide range of topics, including the steps the US Government has taken to protect Americans' data and the role of emerging technology in creating new risks while also protecting against threats. Thanks to everyone who has stopped by our table at the American Bar Association National Security Law Conference, and if you haven't yet, our students will be there for the remainder of the afternoon!

Advisory Board Member Brian Egan (Skadden) joined Hon. James Baker (Syracuse University) and Julia Muedeking (U.S. Air Force) this morning at the ABA Conference to discuss national security legal ethics. Egan shared his perspective as an attorney currently in private practice, and spoke about the interaction between legal advice and policy guidance.

Program Director Gary Corn lead a great discussion yesterday about the "Evolving Face of War" with panelists Lakmini Seneviratne (ICRC), Col. Christopher Ford (US Army Futures Command), and Tobias Vestner (Center for International Security and Cooperation, Stanford University). Looking forward Senior Project Director Alex Joel's panel later this morning on "Protecting Personal Data as a National Security Imperative," which features Maher Bitar (National Security Counsel), Carrie Cordero (Center for a New American Security), and Alex Iftimie (OpenAI).

Stop by our table today and tomorrow at the ABA National Security Law Conference! Looking forward to panel discussions lead by Program Director Gary Corn this afternoon, titled "The Evolving Face of War: Law of Armed Conflict Challenges of Future Conflict," and by Senior Project Director Alex Joel tomorrow morning, titled "Protecting Personal Data as a National Security Imperative."

This is sure to be a great event - Program Director Gary Corn will be talking about the future of international law and cyber conflict along with speakers from the Berkeley Human Rights Center, the Embassy of Switzerland in Canada, and Carleton University's Department of Law and Legal Studies.

Advisory Board Member David Kris spoke with Alan Rozenshtein at The Lawfare Institute about data proxies and cloud service providers. Kris "argues that cloud storage offers significant benefits for security and efficiency, but many organizations may be hesitant to adopt it due to the risk of secret disclosure: the practice by which law enforcement can compel cloud service providers to turn over customer data while legally prohibiting them from notifying the customer. To address this concern, Kris proposes the appointment of a 'data proxy,' a highly trusted individual (like a retired federal judge) who would be contractually authorized to represent the organization's interests when it cannot represent itself due to a nondisclosure order." Listen here! https://loom.ly/FuV6A2M