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Bulk CollectionSystematic Government Access to Private-Sector Data$

Fred H. Cate and James X. Dempsey

Print publication date: 2017

Print ISBN-13: 9780190685515

Published to Oxford Scholarship Online: October 2017

DOI: 10.1093/oso/9780190685515.001.0001

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PRINTED FROM OXFORD SCHOLARSHIP ONLINE (oxford.universitypressscholarship.com). (c) Copyright Oxford University Press, 2021. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 23 January 2021

(p.xiii) List of Contributors

(p.xiii) List of Contributors

Bulk Collection

Fred H. Cate

James X. Dempsey

Oxford University Press

  • Sunil Abraham

    Sunil Abraham is the Executive Director of a Bengaluru-based research organization, the Centre for Internet and Society. He founded Mahiti in 1998, a company committed to creating high impact technology and communications solutions. Today, Mahiti employs more than 50 engineers. Mr. Sunil continues to serve on the board.

    He was elected an Ashoka fellow in 1999 to “explore the democratic potential of the Internet” and was also granted a Sarai FLOSS fellowship in 2003. Between June 2004 and June 2007, he also managed the International Open Source Network, a project of United Nations Development Programme’s Asia-Pacific Development Information Programme serving 42 countries in the Asia-Pacific region. Between September 2007 and June 2008, he managed ENRAP, an electronic network of International Fund for Agricultural Development projects in the Asia-Pacific region, facilitated and co-funded by International Development Research Centre, Canada.

  • Martin Abrams

    Martin Abrams is Executive Director and Chief Strategist at The Information Accountability Foundation. Previously, Mr. Abrams was the co-founder and President of the Centre for Information Policy Leadership at Hunton & Williams LLP, which he led for 13 years. Prior to that, he was Vice President of Information Policy at Experian and Director of Information Policy at TRW Information Systems, where he designed one of the earliest privacy impact assessment tools. He also chaired their Consumer Advisory Council. Mr. Abrams began his consumer policy work at the Federal Reserve Bank of Cleveland, where he was Assistant Vice President and Community Affairs Officer. At the Federal Reserve Bank, he drove collaboration by helping banks and the communities they serve find their intersection of self-interest.

  • Rebecca Azzopardi

    Ms. Azzopardi is completing an LLM thesis at Bond University on the collection and sharing of information for national security purposes with a focus on border protection. She has been practicing law in Australia for 12 years with a varied background in tax litigation, family law, administrative and government (p.xiv) law, and now specializes in information law including privacy and secrecy. The opinions expressed in her chapter are her own and do not reflect the view of any particular entity.

  • Jane Bailey

    Jane Bailey, BAS (Trent), MIR (Queens), LLB (Queens), LLM (Toronto), is a Full Professor at the University of Ottawa Faculty of Law in Canada where she teaches Cyberfeminism and Technoprudence. She co-leads a 7-year partnership called The eQuality Project, which is funded by the Canadian Social Sciences and Humanities Research Council. eQuality is focused on cyberviolence and the discriminatory impact of the algorithmic sort associated with big data practices, particularly in relation to young people from equality-seeking communities. She is the co-editor of eGirls eCitizens (uOttawa Press, 2015) and was named a member of the New College of the Royal Society of Canada in 2016.

  • Eduardo Bertoni

    Professor Eduardo Bertoni (PhD, Buenos Aires University) is the Director of the National Data Protection Authority in Argentina. He was the founder and the first director of the Center for Studies on Freedom of Expression and Access to Information (CELE) at Palermo University School of Law, Argentina. He was the Executive Director of the Due Process of Law Foundation (DPLF) until May 2006. Previously, he was the Special Rapporteur for Freedom of Expression of the Inter-American Commission of Human Rights at the Organization of American States (2002–2005). Professor Bertoni is an Argentinean lawyer and holds a Masters in International Policy and Practice from the Elliot School of International Affairs, George Washington University. He currently teaches at Buenos Aires University School of Law and New York University School of Law (Global Clinical Professor).

  • Beth E. Cate

    Clinical Associate Professor Beth Cate’s expertise includes intellectual property law, data privacy and security, research regulation, and constitutional law. A practicing lawyer for 20 years, she joined the faculty of Indiana University’s School of Public and Environmental Affairs in 2011. She teaches graduate and undergraduate courses examining the intersection of law and public affairs, including a seminar in strategic litigation to advance public policy objectives. Recent publications include entries in Springer’s Global Encyclopedia of Public Administration, Public Policy, and Governance, on constitutional rights of public employees and the constitutional intersection of civil liberties and public administration; a coauthored set of guidelines published in the FASEB Journal for ensuring due process in animal research investigations; and a chapter (coauthored with Andrea Need) examining race and criminal justice reform in Tavis Smiley’s Covenant with Black America—Ten Years Later.

  • Fred H. Cate

    Fred H. Cate is Vice President for Research, Distinguished Professor, and C. Ben Dutton Professor of Law at Indiana University. The author of more (p.xv) than 150 articles and books and a frequent advisor to government and industry on privacy and security issues, he serves as a senior policy advisor to the Centre for Information Policy Leadership at Hunton & Williams LLP and is one of the founding editors of the OUP journal, International Data Privacy Law.

  • Scott Charney

    Scott Charney is Corporate Vice President for Microsoft’s Trustworthy Computing Group. This group is responsible for the security of Microsoft’s products and services, as well as other corporate programs enforcing Microsoft’s mandatory engineering policies. Earlier in his career, Mr. Charney served as Chief of the Computer Crime and Intellectual Property Section (CCIPS) at the US Department of Justice where he was responsible for implementing the Justice Department’s computer crime and intellectual property initiatives. Under his direction, CCIPS investigated and prosecuted national and international hacker cases, economic espionage cases, and violations of the federal criminal copyright and trademark laws. He served three years as Chair of the G8 Subgroup on High-Tech Crime, was Vice Chair of the OECD Group of Experts on Security and Privacy, was cochair of the CSIS Commission on Cybersecurity for the 44th Presidency, and currently serves on the President’s National Security and Telecommunications Advisory Committee.

  • Ashley S. Deeks

    Ashley Deeks joined the University of Virginia Law School in 2012 as an associate professor of law. Her primary research and teaching interests are in the areas of international law, national security, intelligence, and the laws of war. Earlier she served as the assistant legal adviser for political-military affairs in the US Department of State’s Office of the Legal Adviser. In 2005, she served as the embassy legal adviser at the US Embassy in Baghdad. Professor Deeks was a 2007–2008 Council on Foreign Relations International Affairs Fellow. She received her JD with honors from the University of Chicago Law School, where she served on the Law Review, and clerked for Judge Edward R. Becker of the US Court of Appeals for the Third Circuit. She is a member of the State Department’s Advisory Committee on International Law and is a senior contributor to the Lawfare blog.

  • James X. Dempsey

    James X. Dempsey is executive director of the Berkeley Center for Law & Technology at the University of California, Berkeley, School of Law. Previously, he was at the Center for Democracy & Technology, where he held a number of leadership positions, including Executive Director and head of CDT West. From 2012 to January 2017, he served as a member of the Privacy and Civil Liberties Oversight Board, an independent federal agency charged with advising senior policymakers and overseeing US counterterrorism programs. He is coauthor (with David Cole) of Terrorism & the Constitution: Sacrificing Civil Liberties in the Name of National Security.

  • (p.xvi) Justin Hemmings

    Justin Hemmings is an associate in Alston & Bird’s Technology practice and Cybersecurity Preparedness & Response Team. He focuses his practice on cybersecurity, data security, and information privacy. He has provided advice on a range of cybersecurity topics, including cryptography, international mutual legal assistance, telecommunications privacy, and digital advertising.

    Mr. Hemmings holds a BA from Rutgers University and a JD from American University. He was a research associate at the Georgia Institute of Technology Scheller College of Business, where he worked with Professor Peter Swire.

  • Sang Jo Jong

    Sang Jo Jong, Professor of Law at Seoul National University, graduated from Seoul National University and did his PhD studies at the London School of Economics. He taught Korean Law at Harvard Law School and at the University of Washington School of Law, and also taught comparative intellectual property law at Georgetown University Law Center and at Duke Law School. He has served as a civilian member of the Presidential Council on Intellectual Property, President of the Korea Game Law & Policy Society, the Director of the SNU Center for Law & Technology, the Dean of the SNU School of Law, and a Panel Member of the WIPO Arbitration and Mediation Center. His publications include “Fair Use: A Tale of Two Cities” in Intellectual Property in Common Law and Civil Law (Northampton: Edward Elgar, 2013) and many others.

  • Collin Kurre

    Collin Kurre is the Policy and Communications Officer for Internet & Jurisdiction, a global multi-stakeholder policy network. Previously, she served as the Public Policy Intern at CELE, the Center for Freedom of Expression and Access to Information in Buenos Aires, Argentina. Ms. Kurre holds a Master of Public Policy from Georgetown University, where she specialized in multi-stakeholder Internet governance. She also holds a Master of International Development from the Universidad Nacional de San Martín in Argentina and a BA (cum laude) in English Literature. She was a US National Merit scholar and speaks English, Spanish, and French.

  • Ronald D. Lee

    Ronald D. Lee, a partner of Arnold & Porter LLP in Washington, DC, is a national security, cybersecurity, privacy, and government contracts lawyer. He served as General Counsel of the US National Security Agency from 1994 to 1998 and as Associate Deputy Attorney General, US Department of Justice, from 1998 to 2000.

    Mr. Lee graduated from Princeton University with highest honors. He received an MPhil in International Relations from the University of Oxford, where he attended Balliol College as a Rhodes Scholar, and a JD from Yale Law School. He served as a law clerk to Justice John Paul Stevens, United States Supreme Court, and as a law clerk to Judge Abner J. Mikva, United States Court (p.xvii) of Appeals for the District of Columbia Circuit. He is an elected member of the American Law Institute and regularly writes and speaks on cybersecurity, privacy, counterterrorism, national security, and government contracts.

  • Bruno Magrani

    Bruno Magrani is the Head of Public Policy for Facebook in Brazil. Before joining Facebook, Mr. Magrani worked as a professor and researcher of law at the Center for Technology and Society at FGV Law School focusing on intellectual property, innovation, and data protection. He holds law degrees from Harvard Law School and the Federal University of Rio de Janeiro.

  • Winston J. Maxwell

    Winston Maxwell is a partner in the international law firm Hogan Lovells. In 2014 he was appointed to the French National Assembly’s Commission on Digital Rights, and was asked to contribute to the French Conseil d’Etat’s 2014 report on fundamental rights in the digital age. Mr. Maxwell has completed projects for the European Commission, the French telecom regulatory authority (ARCEP), and data protection authority (CNIL) on forward-looking regulatory issues. After authoring a 2011 book on net neutrality with a member of France’s telecommunications regulatory authority, he has become one of the country’s leading experts on net neutrality. Mr. Maxwell holds a JD from Cornell Law School and a PhD in Economics from Telecom ParisTech. He is a member of the Paris and New York bars.

  • Gregory T. Nojeim

    Gregory Nojeim is Director of the Freedom, Security and Technology Project at the Center for Democracy and Technology, a Washington, DC NGO dedicated to Internet freedom. Mr. Nojeim specializes in protecting privacy in the digital age as against intrusion by the government. He is a recognized expert regarding the PATRIOT Act, FISA, and the application of the Fourth Amendment to the US Constitution to electronic surveillance.

    Mr. Nojeim directs CDT’s privacy initiatives that respond to the 2013 disclosures about NSA surveillance, and was engaged in CDT’s successful efforts to promote the 2015 USA Freedom Act. He is also involved in a multi-year project to update the 1986 Electronic Communications Privacy Act.

    He sits on the Board of Directors of the Global Network Initiative. Prior to joining CDT, he was the Associate Director of the ACLU’s Washington Legislative Office. He received his law degree from the University of Virginia in 1985.

  • Stephanie K. Pell

    Stephanie Pell is an Assistant Professor and Cyber Ethics Fellow at West Point’s Army Cyber Institute and teaches Cyber Ethics in the Department of English and Philosophy. She writes about privacy, surveillance, cybersecurity, and national security law and policy, and is particularly interested in the tensions inherent in enabling traditional law enforcement efforts and making our communications networks more secure. Prior to joining West Point’s faculty, Professor Pell served as Counsel to the House Judiciary Committee and was a federal prosecutor for (p.xviii) over fourteen years. She was a lead prosecutor in United States v. Jose Padilla (American citizen detained as an enemy combatant prior to criminal indictment and trial), and in United States v. Conor Claxton (IRA operatives who purchased weapons in South Florida and smuggled them into Belfast, Northern Ireland, during peace process negotiations). She received her undergraduate, master’s and law degrees from the University of North Carolina at Chapel Hill.

  • Giorgio Resta

    Giorgio Resta, PhD University of Pisa, is Professor of Comparative Law, University of Roma Tre, Italy. A Visiting Professor at several universities (among them McGill, EHESS, and Nagoya), he is a member of the International Academy of Comparative Law and cofounder of the Italian Academy for the Internet Code. He has authored more than 90 publications in the fields of comparative law, information law and new technologies, data protection, intellectual property, and torts. Among his books are Dignità, persone, mercati (Giappichelli 2014); Trial by Media as a Legal Problem: A Comparative Analysis (E.S. 2009); Le persone fisiche e i diritti della personalità (UTET, 2006); Autonomia privata e diritti della personalità (Jovene, 2005; prize Club dei Giuristi). He is the editor of La protezione transnazionale dei dati personali (RomaTrepress 2016); Riparare risarcire ricordare (E.S. 2012; prize Italian Research Council); Karl Polanyi, For a New West (Polity Press, 2014).

  • Ira S. Rubinstein

    Ira Rubinstein is a Senior Fellow at the Information Law Institute (ILI) of the New York University School of Law. His research interests include Internet privacy, electronic surveillance law, big data, and voters’ privacy. Mr. Rubinstein lectures and publishes widely on issues of privacy and security and has testified before Congress on these topics. Prior to joining the ILI, he spent 17 years in Microsoft’s Legal and Corporate Affairs department, most recently as Associate General Counsel in charge of the Regulatory Affairs and Public Policy group. Mr. Rubinstein is currently a Senior Fellow at the Future of Privacy Forum and serves on the Board of Advisers of the American Law Institute for the Restatement Third, Information Privacy Principles. He also served as Rapporteur for the EU-US Privacy Bridges Project, which was presented at the 2015 International Conference of Privacy and Data Protection Commissioners. He graduated from Yale Law School in 1985.

  • Paul M. Schwartz

    Paul Schwartz is a leading international expert on information privacy law. He is Jefferson E. Peyser Professor at the University of California, Berkeley, School of Law and a director of the Berkeley Center for Law and Technology. Professor Schwarz is the author of many books, including the leading casebook, “Information Privacy Law,” and the distilled guide, “Privacy Law Fundamentals,” each with Daniel Solove. Professor Schwartz’s over 50 articles have appeared in journals such as the Harvard Law Review, Yale Law Journal, Stanford Law Review, University of Chicago Law Review, and California Law Review. He publishes on (p.xix) a wide array of privacy and technology topics including data analytics, cloud computing, financial privacy, European data privacy law, and comparative privacy law. His home page is www.paulschwartz.net, and his Twitter account is @paulmschwartz.

  • Sara Shayan

    Sara Shayan is interested in the intersections of law, technology, and policy, particularly with regard to privacy and digital security. She holds a Bachelor of Arts (Hons) from the University of British Columbia and is a JD candidate at the University of Ottawa.

  • Sarah St.Vincent

    Sarah St.Vincent is a researcher and advocate on national security, surveillance, and domestic law enforcement for the United States program at Human Rights Watch. She previously served as a fellow on human rights and surveillance at the Center for Democracy & Technology and as a Skadden Fellow at the Advice on Individual Rights in Europe (AIRE) Centre. She holds a JD from the University of Michigan Law School, an MA in East Asian regional studies from Harvard, and a BA from Swarthmore College.

  • Dan Jerker B. Svantesson

    Professor Svantesson is a Co-Director of the Centre for Commercial Law at the Faculty of Law Bond University and a Researcher at the Swedish Law & Informatics Research Institute, Stockholm University. He specializes in international aspects of the IT society, a field within which he has published a range of books and articles and given presentations in Australia, Asia, North America, and Europe.

    Professor Svantesson was an Australian Research Council Future Fellow (2012–2016) and is the Managing Editor for International Data Privacy Law, published by Oxford University Press. He is a Member of the Editorial Boards for the International Journal of Law and Information Technology, the Commonwealth Law Bulletin, the International Review of Law Computers and Technology, the Masaryk University Journal of Law and Technology and the Computer Law and Security Review. In 2016, he was awarded both the Faculty of Law Research Excellence Award and the Vice Chancellor’s Award for Research Excellence.

  • Peter Swire

    Peter Swire is the Huang Professor of Law and Ethics at the Georgia Tech Scheller College of Business, and Senior Counsel with Alston & Bird, LLP.

    In 2015, the International Association of Privacy Professionals, among its over 20,000 members, awarded him its Privacy Leadership Award. In 2013, he served as one of five members of President Obama’s Review Group on Intelligence and Communications Technology.

    Under President Clinton, Mr. Swire was the Chief Counselor for Privacy, in the US Office of Management and Budget, as the first person to have US (p.xx) government-wide responsibility for privacy policy. Under President Obama, he served as Special Assistant to the President for Economic Policy.

    Mr. Swire is author of six books and numerous scholarly papers. He has testified often before Congress and been quoted regularly in the press. He graduated from Princeton University and the Yale Law School.

  • Omer Tene

    Omer Tene is Vice President of Research and Education at the International Association of Privacy Professionals. He is an Affiliate Scholar at the Stanford Center for Internet and Society and a Senior Fellow at the Future of Privacy Forum. He is Associate Professor at the College of Management School of Law, Rishon Lezion, Israel (on leave).

  • Motohiro Tsuchiya

    Motohiro Tsuchiya is a professor of Graduate School of Media and Governance at Keio University in Japan and Deputy Director at Keio Global Research Institute (KGRI). Prior to joining the Keio faculty, he was associate professor at the Center for Global Communications (GLOCOM), International University of Japan. He is interested in the impact of the information revolution on international relations, regulations regarding telecommunications and the Internet, global governance and information technologies, and cyber security. He authored Cyber Terror (Tokyo: Bungeishunju, 2012, in Japanese), Cyber Security and International Relations (Tokyo: Chikura Shobo, 2015, in Japanese), and coauthored more than 20 books including Cybersecurity: Public Sector Threats and Responses (Boca Raton, FL: CRC Press, 2012, in English) and Information Governance in Japan: Towards a New Comparative Paradigm (SVNJ eBook series, Kindle Edition, 2016). He earned his BA in political science, MA in international relations, and PhD in media and governance from Keio University.

  • Nico van Eijk

    Nico van Eijk is Professor of Media and Telecommunications Law and Director of the Institute for Information Law (IViR, Faculty of Law, University of Amsterdam. http://www.ivir.nl/staffpage/eijk/). He also works as an independent legal adviser.

    Among other things, he is the Chairman of the Dutch Federation for Media and Communications Law (Vereniging voor Media- en Communicatierecht, VMC), chairman of a committee of The Social and Economic Council of the Netherlands (SER), member of the Knowledge network of the Dutch Review Committee on the Intelligence and Security Services (CTIVD), and member of the Royal Holland Society of Sciences and Humanities (KHMW).

  • Zhizheng Wang

    Zhizheng Wang graduated from the Peking University Law School with a Juris Master degree. He previously was a graduate fellow of the Indiana University Center for Applied Cybersecurity Research and held teaching positions in Beijing Jiaotong University and Beihang University. He has been engaged in the information technology industry for more than 20 years and is the founding President and Chief Executive Officer of Qeca Private Foundation.