Эпизоды
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Looking for the latest national security news? This week, Elisa breaks down recent national security related headlines, including Russia's advancement in Ukraine, major U.S. leaps in quantum computing, and a preview of next week's episode covering how your personal data, including DNA data, are quietly being bought and sold.
References:
"Russia intensifies Attacks on Ukraine's Kharkiv Region." Aljazeera. May 13 2024
"Turkey's trade with Russia drops after U.S. pressure." Financial Times. April 30 2024
E.O. 14081: Executive Order on Advancing Biotechnology and Biomanufacturing Innovation for a Sustainable, Safe, and Secure American Bioeconomy
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This week, Elisa is back with Tracy Reynolds and Harvey Rishikof to discuss the second book in Octavia Butler's popular Parable series, Parable of the Talents. Together they discuss its real-world connections, ironic cultural and religious references, and its cautionary connections to today's national security law issues. Elisa opens the episode by running through the latest national security news headlines.
Harvey Rishikof is Senior Counselor of the ABA Standing Committee on Law and National Security
Tracy Reynolds is a Commander in the U.S. Navy, and Co-Chair of the Space Law Interest Group with the American Society of International Law
References:
Now hiring! The ABA Standing Committee on Law and National Security is seeking a Program Specialist
Check out the open internships with the ABA Standing Committee on Law and National Security:
Book: Parable of the Talents, written by Octavia Butler
NSLT Ep. 314, "NATO, the Warsaw Pact, and Understanding Today's Geopolitical Climate with Simon Miles
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Пропущенные эпизоды?
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This week, we continue our series on the intersection of sci-fi and national security, diving into the popular novel and now Netflix series, The Three Body Problem. Host Elisa is joined again by Tracy Reynolds as well as Harvey Rishikof to discuss the book's themes, lessons and cautionary connections to today's national security issues. In addition, Elisa concludes the episode by running through the latest national security news headlines.
Harvey Rishikof is Senior Counselor of the ABA Standing Committee on Law and National Security
Tracy Reynolds is a Commander in the U.S. Navy, and Co-Chair of the Space Law Interest Group with the American Society of International Law
References:
The ABA Standing Committee on Law and National Security is now hiring a Program Specialist! Check out the job description here
Check out the open internships with the ABA Standing Committee on Law and National Security
Book: The Three Body Problem, written by Cixin Liu
Inkster, Nigel. “The XI Files: How China Spies.” The Spectator, 25 Apr. 2024
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As reality begins to echo the cautionary tales of science fiction, one question looms: are we listening to their warnings? Kicking off our series on the intersection of sci-fi and national security, host Elisa is joined by Tracy Reynolds, U.S. Navy Commander and Co-Chair of the Space Law Interest Group with the American Society of International Law. Together, they embark on a journey through the realms of Dune, Parable of the Sower, and the Lathe of Heaven, unraveling the parallels between fictional narratives and real-world national security challenges.
Tracy Reynolds is a Commander in the U.S. Navy, and Co-Chair of the Space Law Interest Group with the American Society of International Law
References:
Book: The Dune Series, written by Frank Herbert
Book: Parable of the Sower, written by Octavia Butler
Book: The Lathe of Heaven, written by Ursula Le Guin
The Outer Space Treaty
The UN Convention on the Law of the Sea
NSLT Episode: "Seabed Mining as a National Security Threat: The Laws of the Sea with Matt Gianni (Part 1)"
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As today's national security threats evolve, they must be met with agile and effective intelligence capabilities. On April 9th, FBI Director Christopher Wray spoke before the ABA Standing Committee on Law and National Security on the bureau’s priorities, including foreign threats to American elections, cyber-attacks on the US infrastructure and threats posed by foreign adversaries. He also discussed the importance of FISA Section 702 – a tool used to combat threats posed by foreign adversaries. This week, we bring you his remarks to the Committee, which came just three days prior to the House vote reauthorizing 702.
Christopher Wray is Director of the Federal Bureau of Investigation
Introductions by Jason Klitenic, Member, ABA Standing Committee on Law and National Security
References:
Transcript: Director Wray's Remarks to the ABA Standing Committee on Law and National Security
Foreign Intelligence Surveillance Act (FISA) Section 702 Resource Page
"Warrant Requirement for FBI’s Section 702 Queries Would Impede Investigations, Endanger National Security, Director Says." FBI.gov. Apr. 9, 2024
Barr, Luke. “Foreign Terrorists Targeting US ‘Increasingly Concerning’: FBI Director.” ABC News, ABC News Network, 9 Apr. 2024
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As law students across the country prepare to graduate this spring, what might a career in national security law have in store for them? This week, we're recasting an episode from last September, featuring arms control expert and Professor of Law at Georgetown University, David Koplow. Together with Elisa, David guides us through the history of WMDs, the laws and treaties that govern them, and how AI innovation will shape our future understanding (and careers) in national security.
David Koplow is a Professor of Law at Georgetown University
References:
UN Security Council Resolution of 1977
1993 Chemical Weapons Convention, ICRC
2017 Treaty on the Prohibition of Nuclear Weapons
2023 Cluster Munition Monitor Report
Koplow, David A. Non-Lethal Weapons the Law and Policy of Revolutionary Technologies for the Military and Law Enforcement. Cambridge University Press, 2006
Koplow, David A. Death by Moderation: The U.S. Military’s Quest for Useable Weapons. Cambridge University Press, 2010
Koplow, David A. Smallpox: The Fight to Eradicate a Global Scourge. University of California Press, 2003
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This week, host Elisa dives into the latest national security headlines, from happiness surveys and foreign influence on social media, to AI guidance across the U.S. financial services sector.
References:
Israel Has Killed a Top Hamas Commander in Gaza. It Took Five Months. WSJ. March 20, 2024
Managing Artificial Intelligence-Specific Cybersecurity Risks in the Financial Services Sector. The U.S. Department of the Treasury. March 2024
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In honor of Civic Learning Week 2024, this week host Elisa is joined by Dr. Michael Feuer, Dean of the Graduate School of Education and Human Development at George Washington University. Together, they dive into the importance of reinforcing early civic education, how technology has changed the way we listen to others, as well as other overarching themes from Michael's new book, Can Schools Save Democracy? Civic Education and the Common Good.
Dr. Michael Feuer is Dean of the Graduate School of Education and Human Development, and Professor of Education Policy at George Washington University
References:
Feuer, Michael J. Can Schools Save Democracy?: Civic Education and the Common Good. Johns Hopkins University Press, 2023
The Digital Inquiry Group
Facing History & Ourselves
NSLT Ep. 314, "NATO, the Warsaw Pact, and Understanding Today's Geopolitical Climate with Simon Miles"
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On February 28th, President Biden signed Executive Order 14117 on "Preventing Access to Americans’ Bulk Sensitive Personal Data and United States Government-Related Data by Countries of Concern." This week, host Elisa is joined by friend-of-the-cast Alex Joel to breakdown the key actions within this EO, what types of data the DOJ may restrict, what "countries of concern" encompasses, and any potential blind spots this EO could be missing.
Alex Joel is a Scholar-in-Residence and Adjunct Professor at the Washington College of Law at American University
References:
E.O. 14117
E.O. 13873
H.R. 7738, International Emergency Economic Powers Act, 1977
H.R. 5841, Foreign Investment Risk Review Modernization Act, 2018
Provide commentary to the U.S. Department of Justice on E.O. 14117
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What do the foundations of the Warsaw Pact teach us about the modern Russian attitude towards the west? This week, host Elisa is joined by Simon Miles, diplomatic historian and Assistant Professor for Slavic and Eurasian studies at the Sandford School of Public Policy at Duke University. Together they discuss the history of the Warsaw Pact, its archive materials, how the NATO alliance has transformed over the last 6 decades, and how U.S. participation in NATO could evolve in the future.
Simon Miles is Assistant Professor in the Sandford School of Public Policy at Duke University:
https://sanford.duke.edu/profile/simon-miles/
References:
Miles, Simon. A View from Brussels: Secret NATO Reports about the East
European Transition, 1988–1991. Historical Studies on Central Europe, 2022
The Warsaw Pact, 1955:
Vance, J.D. Europe Must Stand on Its Own Two Feet on Defence, 19 Feb. 2024
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On February 26th, the U.S. supreme court heard oral arguments for two cases - Moody v. NetChoice, LLC, and NetChoice, LLC v. Paxton. These cases, specific to Florida and Texas, would similarly restrict social media companies' ability to moderate content on their platforms. This week, host Elisa is joined by Stephen Vladeck, the Charles Alan Wright Chair in Federal Courts at the University of Texas School of Law as well as the co-host of the award-winning National Security Law podcast. Together they discuss the arguments posed by two cases, whether content moderation laws challenge First Amendment rights, and how cases like these could impact the future digital content landscape.
Stephen I. Vladeck holds the Charles Alan Wright Chair in Federal Courts at the University of Texas School of Law, and is a nationally recognized expert on the federal courts, constitutional law, national security law, and military justice: https://law.utexas.edu/faculty/stephen-i-vladeck
References:
Moody v. NetChoice, LLC
NetChoice, LLC v. Paxton
The Good Neighbor Plan for 2015 Ozone
Gonzalez v. Google, LLC
Twitter v. Taamneh
Holder v. Humanitarian Law Project, 2010
Murthy v. Missouri
Texas Senate Bill 4
Reset, Prevent, Build: A Strategy to Win America's Economic Competition with the Chinese Communist Party. House Select Committee on the Strategic Competition Between the United States and Communist Party of China, 2023
Vladeck, Stephen I. The Shadow Docket: How the Supreme Court Uses Stealth Rulings to Amass Power and Undermine the Republic. Basic Books, 2023
One First with Steve Vladeck, a weekly newsletter aiming to make the Supreme Court's rulings, procedures, history and more accessible to all
Check out the National Security Law podcast
The Supreme Court of the United States
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This week, Elisa is joined again by Judge James Baker to continue their conversation beyond the conflict zone; together, they dive into AI ethics, recommended protocols for applying AI in within the practice of law, the risks AI technology could pose on election cycles across the globe, as well as other national security related news.
Hon. James E. Baker is Director of the Syracuse University Institute for Security Policy and Law, and Professor at the Syracuse College of Law and the Maxwell School of Citizenship and Public Affairs:
https://drive.google.com/file/d/14GzhX1dFLAEgvKJ10up6RFHM2QS4qtfI/view?usp=share_link
References:
Florida Bar Ethics Opinion, 24-1:
https://www.floridabar.org/etopinions/opinion-24-1/
Mata v. Avianca:
https://casetext.com/case/mata-v-avianca-inc-2
E.O. 14110:
https://www.whitehouse.gov/briefing-room/presidential-actions/2023/10/30/executive-order-on-the-safe-secure-and-trustworthy-development-and-use-of-artificial-intelligence/
The EU Artificial Intelligence Act:
https://artificialintelligenceact.eu
Hu, Charlotte. “How Ai Bots Could Sabotage 2024 Elections around the World.” Scientific American, 20 Feb. 2024:
https://www.scientificamerican.com/article/how-ai-bots-could-sabotage-2024-elections-around-the-world/#:~:text=Studies%20of%20disinformation%20in%20previous,online%20discussions%20and%20eroding%20trust.
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The world watches as the war between Israel and Hamas continues, claiming thousands of lives and leaving many questioning the motives and methods of those in charge. Do Israel's recent retaliations still fall within the Law of Armed Conflict? This week, host Elisa is joined by Judge James Baker to review the global frameworks at play and discuss whether recent actions are in violation of these governing principles.
Hon. James E. Baker is Director of the Syracuse University Institute for Security Policy and Law, and Professor at the Syracuse College of Law and the Maxwell School of Citizenship and Public Affairs:
https://drive.google.com/file/d/14GzhX1dFLAEgvKJ10up6RFHM2QS4qtfI/view?usp=share_link
References:
The Law of Armed Conflict, Basic Knowledge. International Committee of the Red Cross:
https://www.icrc.org/en/doc/assets/files/other/law1_final.pdf
The Geneva Conventions:
https://www.icrc.org/en/doc/assets/files/publications/icrc-002-0173.pdf
The Law of War Manual. The U.S. Department of Defense:
https://dod.defense.gov/Portals/1/Documents/pubs/DoD%20Law%20of%20War%20Manual%20-%20June%202015%20Updated%20Dec%202016.pdf?ver=2016-12-13-172036-190
Separate Opinion of Judge ad hoc Barak. International Court of Justice. Jan. 26 2024:
https://www.icj-cij.org/node/203452
A Guide to the Memos on Torture. The New York Times:
https://archive.nytimes.com/www.nytimes.com/ref/international/24MEMO-GUIDE.html?_r=
National Security Memorandum on Safeguards and Accountability With Respect to Transferred Defense Articles and Defense Services. The White House. Feb. 8 2024:
https://www.whitehouse.gov/briefing-room/presidential-actions/2024/02/08/national-security-memorandum-on-safeguards-and-accountability-with-respect-to-transferred-defense-articles-and-defense-services/
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This week, host Elisa is joined by Jamil Jaffer to cover the latest buzzworthy national security law topics. How might the denial of Donald Trump's presidential immunity impact future checks on executive power? Will Defense Secretary Austin's hospitalization impact U.S. involvements abroad? And did Tucker Carlson's interview with Vladamir Putin simply serve as a propaganda tool, contributing to the deluge of disinformation out of Russia?
Jamil Jaffer is the Founder and Executive Director of the National Security Institute, and an Assistant Professor of Law and Director of the National Security Law & Policy Program at the Antonin Scalia Law School at George Mason University:
https://www.law.gmu.edu/faculty/directory/fulltime/jaffer_jamil_n
References:
Summary of the Emoluments Clause Restrictions:
https://dodsoco.ogc.osd.mil/Portals/102/summary_emoluments_clause_restrictions.pdf
Foreign Agents Registration Act (FARA): An Overview:
https://crsreports.congress.gov/product/pdf/IF/IF10499
Marimow, Ann E., and Cat Zakrzewski. “U.S. Supreme Court to Rule on Texas Law Limiting Social Media Content Removal.” The Texas Tribune, The Washington Post, 29 Sept. 2023:
www.texastribune.org/2023/09/29/supreme-court-texas-social-media-law/.
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(Part 2 of 2) – This week we're covering the range of national security law topics that have been making global headlines. Host Elisa is joined by Harvey Rishikof, Senior Counsel with the ABA Standing Committee on Law and National Security, to breakdown the latest national security law news out of China, Ukraine, Russia and Iran.
Harvey Rishikof is Senior Counsel with the ABA Standing Committee on Law and National Security:
https://drive.google.com/file/d/1AsBZ8upxe4Buq0tDtx-gdWDvebv4qTXz/view?usp=share_link
References:
Chair's Summary of the AI Safety Summit 2023, Bletchley Park:
https://assets.publishing.service.gov.uk/media/6543e0b61f1a60000d360d2b/aiss-chair-statement.pdf
Friedman, Thomas L. “Foreign Affairs Big Mac I.” The New York Times, The New York Times, 8 Dec. 1996:
www.nytimes.com/1996/12/08/opinion/foreign-affairs-big-mac-i.html
George, Roger Z., and Harvey Rishikof. The National Security Enterprise: Navigating the Labyrinth. Georgetown University Press, 2017:
https://press.georgetown.edu/Book/The-National-Security-Enterprise
Gordon, Michael, et al. “U.S. Secretly Alerted Iran Ahead of Islamic State Terrorist Attack.” The Wall Street Journal, 2024:
www.wsj.com/world/middle-east/u-s-secretly-alerted-iran-ahead-of-islamic-state-terrorist-attack-af77a19a.
The Joint Comprehensive Plan of Action (JCPOA), 2015:
https://2009-2017.state.gov/documents/organization/245317.pdf
Paul, Christopher, and Miriam Matthews. “The Russian ‘Firehose of Falsehood’ Propaganda Model: Why It Might ...” RAND:
www.rand.org/pubs/perspectives/PE198.html.
Section 230 of the Communications Decency Act:
https://www.govinfo.gov/content/pkg/USCODE-2021-title47/pdf/USCODE-2021-title47-chap5-subchapII-partI-sec230.pdf
The Defense Production Act:
https://www.fema.gov/sites/default/files/2020-03/Defense_Production_Act_2018.pdf
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This week we're covering the range of national security law topics that have been making global headlines. Host Elisa is joined by Harvey Rishikof, Senior Counsel with the ABA Standing Committee on Law and National Security, to breakdown the latest national security law news out of Israel, China, Ukraine and Russia.
Harvey Rishikof is Senior Counsel with the ABA Standing Committee on Law and National Security:
https://drive.google.com/file/d/1AsBZ8upxe4Buq0tDtx-gdWDvebv4qTXz/view?usp=share_link
References:
NSLT Episode, "Understanding the International Criminal Court with Brian Egan." Jul 10, 2020:
https://podcasts.apple.com/us/podcast/national-security-law-today/id1276946676?i=1000485211987
The Rome Statute:
https://www.icc-cpi.int/sites/default/files/RS-Eng.pdf
South Africa v. Israel. ICJ, Jan. 2024:
https://www.icj-cij.org/sites/default/files/case-related/192/192-20240126-ord-01-00-en.pdf
“Israeli Defence Minister Orders ‘complete Siege’ on Gaza.” Al Jazeera, Al Jazeera, 9 Oct. 2023:
www.aljazeera.com/program/newsfeed/2023/10/9/israeli-defence-minister-orders-complete-siege-on-gaza
Jason Matheny audio remarks at the 33rd Annual Review of the Field of National Security Law Conference, "Emerging Technologies and Existential Risks":
https://www.americanbar.org/groups/law_national_security/events_cle/33rd-annual-review-of-the-field-of-national-security-law-cle-conference/audio-recordings-33rd-annual-review-of-the-field-of-national-security-law-conference/
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Part 2 of 2 – If fortune favors the brave, then North Korea is certainly making a name for itself in the world of crypto; in 2023, hackers linked to the DPRK stole an equivalent of $600 million in global virtual currency. This week, host Elisa is joined by Sujit Raman, Chief Legal Officer at TRM labs. Together, they discuss how North Korea has a documented role in stealing global crypto assets over recent years, and whether broader penalties like sanctions might have any effect. Sujit Raman is the Chief Legal Officer at TRM Labs:https://docs.google.com/document/d/1mNu3rQ1jZUGGi934L-FS-R1wbNP3mxc9/edit?usp=share_link&ouid=115287310253365681610&rtpof=true&sd=trueReferences:Cryptocurrency Enforcement Framework. Department of Justice, 2020:https://www.justice.gov/archives/ag/page/file/1326061/download Markets in Crypto Assets Regulation (MiCA):https://www.esma.europa.eu/esmas-activities/digital-finance-and-innovation/markets-crypto-assets-regulation-mica“North Korean Hackers Stole $600 Million in Crypto in 2023: Trm Insights.” RSS: www.trmlabs.com/post/north-korean-hackers-stole-600-million-in-crypto-in-2023“U.S. Treasury Sanctions North Korean Cyber Intrusion Group Kimsuky: Trm Insights.” RSS:www.trmlabs.com/post/us-treasury-sanctions-north-korean-cyber-intrusion-group-kimsuky“North Korean Threat Actors Continue to Target Cryptocurrency Businesses: Trm Insights.” RSS: www.trmlabs.com/post/north-korean-threat-actors-continue-to-target-cryptocurrency-businesses
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If fortune favors the brave, then North Korea is certainly making a name for itself in the world of crypto; in 2023, hackers linked to the DPRK stole an equivalent of $600 million in global virtual currency. This week, host Elisa is joined by Sujit Raman, Chief Legal Officer at TRM labs. Together, they discuss the foundations of cryptocurrency, its inherent strengths and vulnerabilities, and the current state of digital asset policy in the United States. Sujit Raman is the Chief Legal Officer at TRM Labs:https://docs.google.com/document/d/1mNu3rQ1jZUGGi934L-FS-R1wbNP3mxc9/edit?usp=share_link&ouid=115287310253365681610&rtpof=true&sd=trueReferences:Markets in Crypto Assets Regulation (MiCA):https://www.esma.europa.eu/esmas-activities/digital-finance-and-innovation/markets-crypto-assets-regulation-mica“North Korean Hackers Stole $600 Million in Crypto in 2023: Trm Insights.” RSS, www.trmlabs.com/post/north-korean-hackers-stole-600-million-in-crypto-in-2023“U.S. Treasury Sanctions North Korean Cyber Intrusion Group Kimsuky: Trm Insights.” RSS, www.trmlabs.com/post/us-treasury-sanctions-north-korean-cyber-intrusion-group-kimsuky“North Korean Threat Actors Continue to Target Cryptocurrency Businesses: Trm Insights.” RSS, www.trmlabs.com/post/north-korean-threat-actors-continue-to-target-cryptocurrency-businesses
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To what extent do elected officials and lawmakers understand how data transmits the internet? This week, host Elisa is joined by Alex Joel of American University's Washington College of Law for the second half of their discussion on international data transmission and privacy. Alex sheds light on the concept of data localization, delves into the intricacies of Schrems cases I & II, and discusses how the rulings on these cases impact global data flows and national security.
Alex Joel is a Scholar-in-Residence and Adjunct Professor at American University's Washington College of Law:
https://www.wcl.american.edu/community/faculty/profile/ajoel/bio/
References:
The CLOUD Act:
https://epic.org/wp-content/uploads/privacy/cloud-act/cloud-act-text.pdf
Schrems I:
https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A62014CJ0362
Schrems II:
https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A62018CJ0311
Charter of Fundamental Rights of the European Union:
https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:12012P/TXT
"Digital Repression Growing Globally, Threatening Freedoms." The National Intelligence Council:
https://www.dni.gov/files/ODNI/documents/assessments/NIC-Declassified-Assessment-Digital-Repression-Growing-April2023.pdf
"Global Trends 2040." The National Intelligence Council:
https://www.dni.gov/files/ODNI/documents/assessments/GlobalTrends_2040.pdf
E.O. 14086:
https://www.govinfo.gov/content/pkg/FR-2022-10-14/pdf/2022-22531.pdf
EU General Data Protection Regulation (GDPR):
https://gdpr.eu/tag/gdpr/
Foreign Intelligence Surveillance Act (FISA) Section 702 Resource Page:
https://www.fisa702resources.com/
The Fair Information Practice Principles:
https://www.dhs.gov/sites/default/files/2023-08/Governing%20Privacy%20Policy%20-%20The%20Fair%20Information%20Principles-Framework%20for%20Privacy%20Policy%20at%20the%20Department%20of%20Homeland%20Security.pdf
The Privacy Act of 1974:
https://osc.gov/Pages/Privacy-Act.aspx#:~:text=The%20Privacy%20Act%20provides%20protections,relevant%2C%20timely%20or%20complete%3B%20and
OECD Privacy Guidelines, 1980:
https://legalinstruments.oecd.org/en/instruments/OECD-LEGAL-0188 -
How much of your personal information is being bought and sold by data providers and brokers? For the average American, the sheer volume of these transactions can be staggering. This week, host Elisa is joined by Alex Joel of American University's Washington College of Law to discuss how user data is circulated and sold, how Congress might approach broader privacy regulations, and how personal data might be accessible to foreign entities and adversaries.
Alex Joel is a Scholar-in-Residence and Adjunct Professor at American University's Washington College of Law:
https://www.wcl.american.edu/community/faculty/profile/ajoel/bio/
References:
E.O. 14086:
https://www.govinfo.gov/content/pkg/FR-2022-10-14/pdf/2022-22531.pdf
EU General Data Protection Regulation (GDPR):
https://gdpr.eu/tag/gdpr/
Foreign Intelligence Surveillance Act (FISA) Section 702 Resource Page:
https://www.fisa702resources.com/
The Fair Information Practice Principles:
https://www.dhs.gov/sites/default/files/2023-08/Governing%20Privacy%20Policy%20-%20The%20Fair%20Information%20Principles-Framework%20for%20Privacy%20Policy%20at%20the%20Department%20of%20Homeland%20Security.pdf
The Privacy Act of 1974:
https://osc.gov/Pages/Privacy-Act.aspx#:~:text=The%20Privacy%20Act%20provides%20protections,relevant%2C%20timely%20or%20complete%3B%20and
OECD Privacy Guidelines, 1980:
https://legalinstruments.oecd.org/en/instruments/OECD-LEGAL-0188 - Показать больше