Past Events 2017–18
On Wednesday, February 28 the Center for Global Legal Challenges hosted a lunch talk with Secretary Jeh Johnson where he discussed navigating national security challenges in the Trump era. The discussion drew on lessons learned during his time in DHS and DoD where he dealt with a wide array of issues ranging from counterterrorism, responses to national disasters, border security, immigration, and cybersecurity. The event was moderated by Professor Oona Hathaway.
Jeh Johnson is the former U.S. Secretary of Homeland Security (2013-2017). He is now in private law practice at Paul, Weiss, Rifkind, Wharton & Garrison, LLP, based in New York and Washington. Johnson has been affiliated with Paul, Weiss on and off since 1984, and became the firm’s first African American partner in 1994. Johnson is also currently on the board of directors of PG&E Corporation in San Francisco. As Secretary of Homeland Security, Johnson was the head of the third largest cabinet department of the U.S. government, consisting of 230,000 personnel and 22 components. Prior to becoming Secretary of Homeland Security, Johnson was General Counsel of the Department of Defense (2009-2012) and General Counsel of the Department of the Air Force (1998-2001). Earlier in his career, Johnson was also an Assistant United States Attorney for the Southern District of New York (1989-1991). Johnson is a Fellow in the American College of Trial Lawyers and a member of the Council on Foreign Relations. He is a graduate of Morehouse College (1979) and Columbia Law School (1982), and the recipient of nine honorary degrees.
On Monday, February 26, 2018, the Center for Global Legal Challenges, Yale Law Women, and the Yale Society of International Law hosted a conversation with Ambassador Rosemary DiCarlo where she discussed the role of women in diplomacy and foreign policy.
Ambassador Rosemary A. DiCarlo is currently a Senior Fellow at the Yale Jackson Institute for Global Affairs and the president of the National Committee on American Foreign Policy, a nonprofit organization that conducts educational programs and Track II diplomatic initiatives regarding security challenges facing the United States. Prior to this position, she was a career foreign service officer with the U.S. Department of State. She served as U.S. Deputy Permanent Representative to the United Nations and U.S. Alternate Representative for Special Political Affairs to the United Nations, during which she handled issues that came before the U.N. Security Council. As Deputy Assistant Secretary of State for European and Eurasian Affairs, she covered issues related to the Western Balkans. She also held the position of U.S. Coordinator for the Stability Pact for Southeast Europe at the Department of State. Ambassador DiCarlo served as Director for United Nations Affairs at the National Security Council; Director, Washington Office of the U.S. Permanent Representative to the United Nations; Director for Democratic Initiatives for the New Independent States at the Department of State; and Coordinator for Russian and Eurasian Affairs at the U.S. Information Agency. Her overseas assignments included tours in Moscow and Oslo.
Before joining the U.S. Foreign Service, Ambassador DiCarlo was a member of the Secretariat of the United Nations Educational, Scientific and Cultural Organization (UNESCO). She holds a B.A., M.A. and Ph.D. from Brown University and speaks Russian and French. She is a member of the Council on Foreign Relations, the Women’s Foreign
Policy Group and Women in International Security, and serves as a Trustee of International House, New York City, and on the Advisory Board of Global Cities, a Bloomberg philanthropy.
Litigating Data Sovereignty – Andrew Keane Woods
On January 30, 2018, Andrew Kene Woods today's most important Internet governance issues—including which nations get to determine how Internet services operate globally—are being settled in court. These cases require courts to identify foreign sovereign interests, weigh them against domestic interests, and defer to foreign sovereigns where appropriate. These cases presents courts with a similar set of jurisdictional line-drawing questions: What is the scope of sovereign authority over the cloud? Are extraterritorial exercises of jurisdiction lawful? How much deference is owed to foreign sovereign interests in regulating Internet activity, and how to weigh competing claims of sovereign authority?
To answer these questions, we have to look at a subset of foreign affairs law known as the sovereign-deference doctrines. Sovereign-deference arguments now pervade a number of consequential cases, including Google’s challenge to the “right to be forgotten” in Europe and Microsoft’s ongoing challenge to a court order to produce foreign-held emails under the Electronic Communications Privacy Act, and they will play a significant role in future cases. But foreign affairs law’s proper application to cross-border Internet disputes is not what many litigants and courts have claimed. Professor Woods argues that no sovereign-deference doctrine prohibits global takedown requests, foreign production orders, or other forms of extraterritorial exercises of jurisdiction over the Internet. To the contrary, one of the key lessons of the sovereign-deference jurisprudence is that in order to avoid tensions between sovereigns, courts often enable, rather than retard, extraterritorial exercises of authority. The implication is that at times, extraterritorial exercises of authority are appropriate, contrary to what a number of courts and litigants in high-profile Internet disputes have argued.
Professor Andrew Woods is an Assistant Professor at the University of Kentucky College of Law, and starting July 1, 2018, an Associate Professor at the University of Arizona College of Law.
The talk was co-sponsored with the Information Society Project.
The Political Economy of Killer Robots: Rethinking the Supply and Distribution of Lethal Autonomous Weapons Systems with Frank Pasquale (YLS ’01)
On January 23, 2018, Professor Frank Pasquale gave a talk at Yale Law
School on how the development and distribution of lethal autonomous weapons systems is affected by political economy principles of supply and distribution. The debate on lethal autonomous weapons systems has taken on a familiar structure – abolitionists call for a ban, realists reject that approach, and reformers occupy a middle ground by proposing regulation short of an outright ban. Reformers acknowledge that some types of weapons systems are so dangerous that they should never be built. Abolitionists concede that some defensive uses of automation (particularly in cyberwarfare) are necessary for national security.
However, while the debate on regulating lethal autonomous weapons systems is desperately needed for the protection of human life and society at large, the work of abolitionists and reformers could be unraveled by arms race dynamics that realists both recognize and promote. Not just the design, but also the ubiquity, of lethal autonomous weapons systems matters—and their prevalence hinges on the expense of lethal robots’ components (including sensors, actuators, processors, and explosives), maintenance, and deployment. Value-neutral economic analysis risks promoting the proliferation of not only services and goods, but also “bads,” thanks to its focus on market procedures and efficiency. By contrast, a political-economic approach starts with questions of distribution and a substantive vision of what a just social order entails. It complements both abolitionist and reformist approaches to lethal autonomous weapons systems by bringing questions of resource allocation to the center of arms control policy.
Frank Pasquale is a Professor of Law at the University of Maryland. He is the author of The Black Box Society (Harvard University Press, 2015). Currently, Pasquale works on a book tentatively titled Laws of Robotics: Revitalizing Professions in an Era of Automation (under contract to Harvard University Press).
The talk was co-sponsored with the Information Society Project and the National Security Group.
Woman and Foreign Policy Lecture Series - Gender Integration—and the Road Ahead with Jennifer Klein and Rachel Vogelstein
During the Fall 2017 semester, the Center for Global Legal Studies hosted Jennifer Klein and Rachel Vogelstein as Visiting Fellows for a three-part lecture series. Drawing on their extensive policy experience working in the Obama Administration and for Hilary Clinton's Presidential Campaign, Jennifer Klein and Rachel Vogelstein presented evidence demonstrating that the advancement of the global status of women and girls remains critical to U.S. foreign policy interests. The lectures addressed gender and economic growth, peace and security, political participation, health and education, violence and human rights, and international institutions and treaties. An inaugural class of Women and Foreign Policy Fellows (consisting of fourteen Yale Law students) attended the three-part lecture series and participated in a deeper exploration of the themes with Jennifer and Rachel in a small seminar following each lecture.
November 29, 2017
A Conversation About the Future of the Islamic State Without a State & The Future of IraqWith Former Counter-ISIL Military Commander LTG Sean MacFarland
Moderated by Emma Sky
LTG Sean MacFarland and Emma Sky drew on their extensive experiences with the United States military in Iraq to discuss the lessons the military learned in the fight against ISIL as well as what to expect from the recently collapsed ISIL "caliphate." This discussion explored the prospects for the future of Iraq given the unique security challenges it faces. LTG MacFarland was the top American commander in the U.S.-led coalition to defeat ISIL in Iraq and Syria from September 2015 to August 2016. He is also the former commander of III Corps and Fort Hood and is currently serving as the Deputy Commanding General of the U.S. Army's Training & Doctrine Command, which is tasked with overseeing all of the training of the Army's forces and the development of operational doctrine. LTG MacFarland was named one of Time's100 Most Influential People in 2016 and is a graduate of the United States Military Academy at West Point.
Emma Sky previously served as advisor to the Commanding General of US Forces, General Ray Odierno, in Iraq from 2007 to 2010 and was the Governate Co-ordinator of Kirkuk for the Coalition Provisional Authority from 2003 to 2004. She has been described by many as the modern day Gertrude Bell, and in 2015 she published the award winning book, The Unraveling: High Hopes and Missed Opportunities in Iraq, about the American occupation of Iraq. She is currently the director of the Maurice R. Greenberg World Fellows Program and a Senior Fellow at the Jackson Institute, where she teaches Middle East politics.
Co-sponsored with Yale Jackson Institute for Global Affairs, YLS National Security Group, & Yale Law Veterans
November 14, 2017
Hijacking Information: Software Vulnerabilities, Ransomware, and Law
This conference was organized in response to the proliferation of vulnerabilities in software, enabling hackers to access systems and sensitive data stored within them. Vulnerabilities in software are the central reason for the majority of recent data breaches. In the aftermath of these breaches, the public discourse tends to focus on questions of accountability, management of vulnerabilities, and regulation. The purpose of this conference was to discuss emerging attack vectors in cyberspace, as well as the regulatory gaps pertaining to data breaches of the recent years. These two panels explored topics pertaining to vulnerability management, patching, the Internet of Things (and Bodies), and the changing cybersecurity landscape with the emergence of ransomware.
Speakers included Kim Zetter (WIRED), Rebekah Lewis (AU Kogod Cybersecurity Governance Center), Professors Scott Shackelford (Indiana University), Josephine Wolff (Rochester Institute of Technology), Annie Anton (Georgia Tech, School of Computing), and Andrea Matwyshyn (Northeastern Law). Panels were moderated by Professor Scott J. Shapiro ’90, and the Center’s Cyber Fellows - Ido Kilovaty. The conference was supported by the Oscar M. Ruebhausen Fund at the Yale Law School.
October 23, 2017
Free Speech & Security in the Age of Social Media Coffee & Conversation with Monika Bickert Head of Product Policy and Counterterrorism, Facebook
Head of Product Policy and Counterterrorism at Facebook Monika Bickert joined the Center for Global Legal Challenges, The Information Society Project, and the National Security Group to discuss free speech and security in the age of social media. She was joined by World Fellow Raheel Khursheed, head of News Partnerships at Twitter in Indian and Southeast Asia. Bickert discussed the challenges of leveraging Facebook’s products to cultivate a more open and free internet, while keeping its users and the public safe.
October 17, 2017
Rethinking Countering Violent Extremism: Religion and Resilience in an “Age of Terror”
CVE – or Countering Violent Extremism – has become a global industry involving states, think tanks and international agencies the world over. But what does CVE look like from the street level? And does it work? Drawing on over 15 years of work in the UK, Indonesia, Pakistan, Sudan, Mali and Canada, Yale World Fellow Abdul-Rehman Malik joined the Center for Global Legal Challenges to reflect on the challenges of designing programs and partnerships that confront the ideology and theology of violent extremism while at the same time remaining true to the concerns of engaged, often politically vulnerable, communities.
October 13, 2017
Sen. Murphy Attends Congress and Foreign Policy Conference
On Friday, October 13, the Yale Law School Center for Global Legal Challenges and Yale University’s Jackson Institute for Global Affairs hosted a day-long symposium on the role of Congress in foreign policy.
Senator Chris Murphy (D-CT), a member of the Senate Foreign Relations Committee, delivered keynote remarks, which can be viewed here. Senator Murphy discussed what he called Congress’ “wholesale abdication of its traditional responsibility to co-set foreign policy priorities with the President.” The conference was supported by the Oscar M. Ruebhausen Fund at the Yale Law School.
October 12, 2017
Carrie Cordero is a Counsel at ZwillGen PLLC, which advises and represents leading internet and tech companies in high-profile online legal matters, including: data protection and information security; law enforcement and surveillance, and more. Carrie’s talk focused on how changes to U.S. intelligence law and policy have focused on information sharing within the U.S. Intelligence Community and amongst government entities.
As a result of the recent 2016 election interference by the Russian government, our law and policies need to be updated to facilitate intelligence and national security information being shared with the public at large. Current and future cybersecurity threats and their potential influence on democratic processes lead to the public having a greater expectation of being informed directly about the government’s assessment of national security threats, and our laws, policies, and institutions need to be ready to take on that expectation.
October 3, 2017
Andrew Burt is a YLS graduate and Chief Privacy Officer & Legal Engineer at Immuta, a data management platform. Andrew’s talk topic focused on the new laws around the world, beginning to force the technology industry to rethink how it approaches the law, on how and why the worlds of law and technology are colliding, and what this means for data-driven companies, the technology industry, and governments and citizens around the world.
Andrew argued that the rise of complex software systems is leading to new legal challenges. For example, the artificial intelligence systems used in self-driving cars challenge the notion of who the law considers “driver.” This illustrates that regulations traditionally meant to govern the way that humans interact have to adapt to a world that has been eaten by software. This goes beyond just self-deriving cars - complex algorithms are used in mortgage and credit decisions, in the criminal justice and immigration systems and in the realm of national security, and more.
October 2, 2017
Law & the War on Terror: A Journalist’s Dispatches from Syria & Iraq
Anand Gopal is a fellow at The Nation Institute, a journalist covering the Middle East, and a scholar studying political violence. His reporting on Syria, Iraq, and Afghanistan has appeared in the Atlantic, Harper’s, and elsewhere. He is the author of No Good Men Among the Living: America, the Taliban, and the War Through Afghan Eyes, which won the Ridenhour Book Prize, and was a finalist for the Pulitzer Prize, the National Book Award, and the Helen Bernstein Award. He has won the George Polk Award and an Overseas Press Club Award for his reporting from Iraq. He received his PhD from Columbia University, where he studied network analysis, and is a professor at the Center for the Study of Religion and Conflict at Arizona State University.