Government Surveillance and Privacy: Have We Reached a Tipping Point?


Government Surveillance and Privacy: Have We Reached a Tipping Point?

Recorded On 06/11/2015


Join us for a very important program that seeks to better inform the public, lawyers, and national security practitioners about the respective concerns associated with the collection of foreign intelligence.

Using a panel discussion format, we intend to expand the dialogue on privacy, security and personal freedoms, addressing a rapidly changing threat environment where our adversaries are exploiting social media, risk detection is shifting from static to data content and how the rule of law and personal privacy cannot be forgotten in any debate.


Morning Session: Data Collection: Privacy vs. Safety and Security


Welcoming Remarks

Panel 1: How a National Security Investigation Begins 

Panel 2: National Security: The Relevant Laws, Cases, Structure and Process Defined

Understand the organization of the Intelligence Community, the roles and responsibilities of the key players and the overlap between regulators and law enforcement. Hear about relevant laws, key cases and the applicability of the U.S. Constitutional amendments.

Panel 3: DATA (Big Data, Metadata)

What is the definition of data? What data is being collected? Why is it being collected and what is done with it?

Panel 4: Privacy: Expectation of Privacy; What is It?

What is the definition of privacy under the Constitution, state and federal laws? Has technology changed the way we think about privacy? Do generational differences affect the expectation of privacy?


Afternoon Session: The Role of the “Rule of Law” in Regulating Data Collection Activities


Panel 5: Snowden Disclosure and the Response by Intelligence Community, Media and Public

Gauging the reactions from the Intelligence Community, the media and the general public.

Panel 6: Balancing Counter-terrorism, National Security and Safety

Review the purpose of Foreign Intelligence Collection and whether a choice must be made between privacy and security.

Panel 7: Critique of the Current Application of Rule of Law

What are the current shortfalls and problems? Are there possible actions? What are the possible reforms?

Panel 8: Impact of Government Surveillance Programs on General Practice

Hear from practitioners about the impact of these issues on different practice areas – including federal practice, cyber law and civil rights.



Co-host: ABA Standing Committee on Law and National Security

Program Chair: Mark Rosen, Adjunct Professor, Brooklyn Law School; John Jay College of Criminal Justice



William Banks, Professor of Law, Director, institute for National Security and Counterterrorism, Syracuse Law

David Cole, Hon George J. Mitchell Professor in Law and Public Policy, Georgetown Law

Laura Donohue, Professor of Law, Georgetown Law

Karen Greenberg, Director, Center on National Security, Fordham University School of Law

Michael Greenberger, Professor & Director, Center for Health and Homeland Security, University of Maryland Francis King Carey School of Law

Deborah Pearlstein, Assistant Professor of Law, Benjamin N. Cardozo School of Law

Samuel Rascoff, Associate Professor of Law, Faculty Director, Center on Law and Security, NYU Law

Matthew Waxman, Liviu Librescu Professor of Law; Faculty Chair, Roger Hertog Program on Law and National Security, Columbia Law

Dr. Daniel Weitzner, Director of the MIT CSAIL Decentralized Information Group



Gene Policinski, COO Newseum Institute/Sr. VP First Amendment Center

Dana Priest, Investigative Reporter, Washington Post, John S. and James L. Knight Chair in Public Affairs Journalism, Philip Merrill College of Journalism



John Cronan, Assistant US Attorney, SDNY

Robert Litt, General Counsel, Office of the Director of National Intelligence

Frank Pellegrino, FBI Agent

Gary Ross, Author, Who Watches the Watchmen? The Conflict Between National Security and Freedom of the Press Department of Homeland Security

Daniel Silver, Assistant US Attorney, EDNY


Austin Berglas, Former Assistant Special Agent in Charge, FBI Cyber Branch NY;Currently Sr. Managing Director and Head U.S. Cyber Investigations and Incident Response Practice, K2 Intelligence

Mitchell Silber, Executive Managing Director of the Threat Intelligence and Data Analytics  Practice for the Americas, K2 Intelligence

Law Practice

Joseph Bambara, In House Counsel and VP of Technology Architecture, UCNY, Inc.

Josh Dratel, Chair, National Association of Criminal Defense Lawyers National Security Committee; Fellow, Center for National Security Fordham Law

Jethro Eisenstein, Profeta & Eisenstein

Steven Hyman, Partner, McLaughlin & Stern

Jameel Jaffer, Deputy Legal Director, ACLU and Director ACLU’s Center for Democracy

Barbara Moses, Visiting Clinical Professor, Civil Rights and Constitutional Litigation Clinic, Seton Hall Law; Counsel, Morvillo Abramowitz Grand Iason & Anello PC

Harvey Rishikof, Chair, Advisory Committee, ABA Standing Committee on Law and National Security

Ben Wizner, Director, ACLU Speech, Privacy & Technology Project


7 NY CLE Credits; 2 Ethics, 5 PP


All Programs include 1 Affirmation and 1 Evaluation Form, and Course Materials.

To receive CLE credit for a program in Online Video Format:

Online Videos contain CLE codes that you must type into a supplied online affirmation form. Submit the online affirmation to the NYCLA CLE Institute to be issued a CLE certificate. We recommend that you watch the video as soon as possible.

We can only issue CLE credit if the law is still current.

Course Materials: You can download course materials on the Online Video webpage.

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