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About the Program

Cyber Threats and Cyber Realities has been designed as two independent modules that can be completed individually (over two days) or together (over four consecutive days). The first module addresses domestic law and policy while the second module covers international law and national security. The schedule below outlines session topics and presenters. Rhode Island CLE credits approved: 27 total credits (includes 3 ethics credits)

Module 1 : Domestic Law, Policy, and Regulation

One Academic Credit

The domestic regulation of cyberspace raises a host of challenges under criminal, tort, constitutional, administrative and intellectual property law. One issue is the scope of the Computer Fraud and Abuse Act, a far-reaching statute drafted to protect the integrity of computer networks and curb fraud and illicit trafficking in confidential information.  The safety of trade secrets which have allegedly been pilfered by hackers in foreign states, such as China, is at risk, as is the privacy of consumers. Because of these concerns, President Obama recently issued an Executive Order requiring government agencies to work with the private sector on voluntary cybersecurity standards. This module will offer up-to-date instruction from nationally known experts on this fast-moving area.

Module 1 Details: Monday, June 17 and  Tuesday, June 18

Monday:

8:30 a.m. : Registration & Continental Breakfast

9:00 a.m. : Cyber Risks in the Domestic and International Realms
Dr. John Savage, Brown University
Timothy Edgar, Fellow, Watson Institute for International Studies, Brown University (formerly Director of Privacy and Civil Liberties, White House National Security Staff)

10:30 a.m. : Cyber and Privacy Threats
Linn Foster Freedman, Nixon Peabody
Theresa Murray, former Director, Rhode Island Emergency Management Association
Dr. Doug White, Professor, Roger Williams University School of Justice Studies

12:00 noon : Lunch

1:00 p.m. : Intellectual Property and Torts
Prof. Zoe Argento, Roger Williams University School of Law
Scott Garland, Assistant U.S. Attorney, District of Massachusetts, Cybercrime Unit
Prof. Robert A. Heverly, Albany Law School
David Thaw, Information Society Project, University of Connecticut School of Law, Yale Law School

3:00 p.m. : Legal Ethics and Preventing Cyber Threats to Client Secrets
Prof. Peter Margulies, Roger Williams University School of Law
Linn Foster Freedman, Nixon Peabody
Jonathan Sablone, Nixon Peabody

5:00 p.m. : Conclusion

Tuesday: 

8:30 a.m. : Registration & Continental Breakfast

9:00 a.m. : Domestic Regulation of Cyber Security: The Legislative Outlook and Policy Landscape
Paul Rosenzweig, Esq. (formerly Department of Homeland Security)
Allan Friedman, Brookings Institution
Jonathan Schneider, Stinson Morrison Hecker LLP
Prof. Nathan Sales, George Mason University School of Law

Related Documents:

10:30 a.m. : Cyber for the Workplace, the Courtroom, and the Constitution
Prof. Mary-Rose Papandrea, Boston College School of Law (invited)
Prof. Victor Hansen, New England Law School
Heather Egan Sussman, McDermott Will & Emery, LLP

12:00 noon : Luncheon Speaker: Ken Bell, Raytheon

1:00 p.m. : Simulation: Threading the Needle: Passing a Federal Cyber Regulation Statute

4:00 p.m. : Conclusion

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Module 2 : Cyber in International Law, National Security, and the Law of Armed Conflict

One Academic Credit

The emergence of the Internet has introduced a brave new world of national security concerns. The Department of Homeland Security is tasked with protecting the nation’s vital infrastructure, including the power grid and communications networks. The military’s Cyber Command protects the nation against foreign threats. The jurisdiction of each is a work in progress. Meanwhile, persistent media reports about Stuxnet and Olympic Games assert that the U.S. has used cyber to undermine Iran’s nuclear capability. This module will analyze the constitutional and statutory basis for cyber defense and offense, and also assess international law governing the use of force and the conduct of war. Are traditional rules a reliable guide in an era of increasingly powerful cyber weapons, such as “logic bombs” that are dormant for months before a foreign state or nonstate actor triggers their ability to compromise computer networks? Nationally known experts will summarize current law and highlight future developments

Module 2 Details: Wednesday, June 19 and Thursday, June 20

Wednesday:

8:30 a.m. : Registration & Continental Breakfast

9:00 a.m. : The Global Threat Environment
Col. Gary Brown, USAF (Ret.), Deputy Legal Director, International Committee of the Red Cross (ICRC) Regional Delegation for the U.S. and Canada
Chris Demchak, U.S. Naval War College
Peter Dombrowski, Naval War College
William Guenther, Mass Insight Global Partnerships

10:30 a.m. : The Organizational Structure of Responses to Cyber Threats
Paul Rosenzweig
, Esq. (formerly Department of Homeland Security Allan Friedman, Brookings Institution
Prof. Nathan Sales
, George Mason University School of Law

12:00 noon : Lunch

1:00 p.m. : The Use of Force in the Cyber Context
Prof. William C. Banks, Syracuse University; Director, Institute for National Security and Counterterrorism
Prof. Wolff Heintschel von Heinegg, Stockton Visiting Professor in International Law, U.S. Naval War College

3:00 p.m. : The Conduct of War and Cyber Operations
Gary Brown
, ICRC
Prof. Wolff Heintschel von Heinegg, Naval War College
Maj. Gen. Charles J. Dunlap, Jr. USAF (Ret.), Director, Center for Law, Ethics, and National Security, Duke University School of Law

5:00 p.m. : Conclusion

Thursday: 

8:30 a.m. : Registration & Continental Breakfast

9:00 a.m. : Cyber Attacks, Counterinsurgency and International Human Rights
Glenn Sulmasy, Chair, Humanities Department, U.S. Coast Guard Academy
Dr. Michael C. Fowler, Adjunct Professor, Roger Williams University (invited)

10:30 a.m. : Legal Ethics, National Security Lawyering, and Cyber Defense
Prof. Peter Margulies, Roger Williams
Mary DeRosa, Distinguished Visiting Professor from Practice, Georgetown Law School (formerly Counsel, White House National Security Council)

12:00 noon : Lunch

1:00 p.m. : Simulation: A Cyber Pearl Harbor: Threats and Responses

4:00 p.m. : Conference Conclusion

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