On February 7, 2014 I will be participating in Loyola Chicago’s National Security and Civil Liberties symposium. Details appear below.
The appropriate balance between liberty and security is a legally complicated issue that is both socially and politically charged. In the post-9/11 world of diffused, clandestine, and increasingly powerful and asymmetrical threats from non-state actors, the constitutional equilibrium has shifted, but a new paradigm evades definition in the face of continually shifting threats. This inaugural symposium hosted by Loyola’s National Security & Civil Rights Program will examine the current state of the constitutional security/liberty equilibrium, including the ongoing developments in the Snowden/NSA revelations; the role of Article III courts; and the economic, political, and moral implications of this debate. A distinguished group of speakers from around the country will explore these topics and discuss the critical role of lawyers in this process.
From the Pepperdine University news story:
Professor Gregory S. McNeal and eight other experts in national security, technology, and privacy recently attended a series of unprecedented briefings at the headquarters of the National Security Agency in Fort Meade, Md. The briefers included the most senior leaders, technicians, and lawyers in the NSA. During the briefings, participants discussed the law and policy of intelligence gathering, signals intelligence history and process, cybersecurity, the NSA’s relationship with Congress, and the impact of recent media leaks on the NSA. The briefings were off the record, which allowed for a frank and candid discussion about the agency and its tactics. The NSA is one of the world’s most secret intelligence gathering organizations, responsible for conducting electronic surveillance, cryptology, and cyber warfare. Its core missions are to protect U.S. national security systems and to produce foreign signals intelligence information.
Professor Gregory McNeal appeared on MSNBC to discuss the FAA’s selection of civilian drone testing sites in nine states. During the six minute interview McNeal discussed the positive uses of drones, and some of the privacy concerns raised by drone critics. One of his articles in Forbes was excerpted during the interview and was a central part of the discussion with MSNBC host Craig Melvin. Professor McNeal has testified before Congress about the integration of civilian drones into U.S. airspace and has written about military drones in an award winning article forthcoming in the Georgetown Law Journal. His research about military drones is funded by a $175,000 grant and will be published as a book next year.
On C-SPAN, legal experts Gregory McNeal (Pepperdine University) Alan Frazier (University of North Dakota), Ben Gielow (AUVSI), Doug Marshall (New Mexico State University), and Jay Stanley (ACLU) talked about privacy issues related to the use of drones by law enforcement agencies. Topics included pervasive surveillance versus specific uses such as search and rescue operations, the use of drones for commercial purposes, legal protections, and the role of the Federal Aviation Administration.
“Eye in the Sky- A Discussion on UAS Operations and Privacy Implications” was a session of the AUVSI’s Unmanned Systems 2013, an exposition on unmanned systems and robotics held at the Washington Convention Center.
Investigating Terrorism: Was Boston Preventable? Is the title of a presentation I will be giving at Arizona State University’s School of Law. The event will be held in Room 118, a free lunch will be served. The presentation will include commentary by Mr. John Bruch a 25 year veteran of the FBI. The flyer is pasted below.
I recently testified before the House Judiciary Committee regarding drones and domestic surveillance. Pepperdine ran a story on the testimony which I’ve pasted below.
Associate Professor of Law Gregory McNeal testified before the U.S. House of Representatives, Committee on the Judiciary on May 17 regarding the use of unmanned aerial systems, known commonly as drones, for surveillance purposes inside the U.S. Professor McNeal, an expert in national security law and policy, cautioned against the use of broadly worded warrant requirements as a tool to protect privacy or public safety. Instead, he recommended surveillance legislation that would require more transparency in the use of these systems by law enforcement.
McNeal’s testimony offered various considerations for pending legislation, including arguing against blanket prohibitions on the use of drones for the collection of evidence or information unless authorized by a warrant, and the argument that broadly worded use restrictions that prohibit use of evidence gathered by drones exceed the parameters of the Fourth Amendment and may not serve to protect privacy. Furthermore, McNeal argued that Congress should eschew drone specific legislation and instead look to legislating what places are entitled to privacy protection and clearly define search terminology including terms such as surveillance and private property.
“What’s interesting about working in national security is that there is a foreign affairs and international law aspect to my work that was one strand of my research, drones being used on battlefields,” McNeal said. “But, national security also encompasses domestic law enforcement, homeland security, and all manner of government surveillance and tracking. Those issues also relate to my teaching, specifically criminal procedure and criminal law.”
McNeal noted that his writing on the topic began when policymakers became interested in how drone technology would be used in the United States and what the legal implications of such use might be. That writing, he said, was in the form of short essays that have appeared in Forbes and longer draft papers that will soon be published law review articles. The writing provided an opportunity for McNeal to speak at the Association of Unmanned Vehicles International national conference.
“This was the biggest gathering of manufacturers in the aerospace industry and my panel was focused on privacy law and surveillance,” McNeal said. “From that experience I began hearing from legislators at the federal level and from various state governments, to the point where about once every other week over the past year I’ve been fielding a phone call or an email from someone asking me to comment on draft legislation. All of that came to a head last week with my invitation to testify before the House Judiciary Committee.”
McNeal is a professor at Pepperdine University where his research and teaching focus on national security law and policy, criminal law and procedure and international law. He previously served as Assistant Director of the Institute for Global Security, co-directed a transnational counterterrorism grant program for the U.S. Department of Justice, and served as a legal consultant to the Chief Prosecutor of the Department of Defense Office of Military Commissions on matters related to the prosecution of suspected terrorists held in the detention facility in Guantanamo Bay, Cuba. He is a Forbes contributor where he writes a column about law, policy and security.
On Wednesday June 5, 2013 I’ll be participating in an event sponsored by the Los Angeles Lawyers Chapter of the Federalist Society and the Libertarian Law Council. The event is entitled “Drones and Due Process.”
- Prof. John C. Yoo, Professor of Law, UC Berkeley School of Law
- Prof. Gregory S. McNeal, Associate Professor of Law, Pepperdine University School of Law
- Ahilan Arulanantham, Deputy Legal Director, ACLU of Southern California
- Moderator: Jeremy B. Rosen, Partner, Horvitz & Levy LLP
At this luncheon, John Yoo (UC Berkeley), Greg McNeal (Pepperdine), and Ahilan Arulanantham (ACLU) will discuss the due-process, privacy, and national-security implications of drone use for targeted killings overseas and aerial surveillance at home.
McCormick & Schmick’s
4th & Hope Streets
Los Angeles, CA 90071
Please respond by sending an email to email@example.com if you wish to attend.
The cost of the luncheon is $25. Public employees, public-interest lawyers, students, and law clerks may pay a discounted rate of $20. Payment (cash or checks only) will be accepted at the door.
MCLE Credit: One Hour
I’ll be discussing targeted killings, drone strikes and drone warfare on Friday, April 26th in Las Vegas, NV. In the talk I will describe the legal justification for the U.S. practice of targeted killings and the bureaucratic and political approval process for conducting strikes. I will also touch on the controversies associated with targeted killings, including matters such as collateral damage, blowback, and transparency. The talk is based on an article “Kill Lists and Accountability” forthcoming in the Georgetown Law Journal, a draft of which can be downloaded for free at http://bit.ly/KillLists.
The Las Vegas Sun is carrying details and booking information CLE will also be available.
I’ll be on a speaking tour in Texas the week of March 24th, discussing my article Kill-Lists and Accountability, which is forthcoming in The Georgetown Law Journal.
All events are open to the public although some may require pre-registration:
|Monday, March 25th at Noon||Southern Methodist University School of Law, Dallas, TX||The Federalist Society (student chapter)|
|Monday, March 25th at 7:30pm||University of Dallas, Dallas, TX (Lynch Auditorium)||The Hamilton Society|
|Tuesday, March 26th at 5:00pm||Baylor University School of Law, Waco, TX||The Federalist Society (student chapter)|
|Wednesday, March 27th at 11:30am||Sullivan’s Steakhouse, Austin, TX Pre-registration required||The Federalist Society (Austin lawyers chapter)|
|Wednesday, March 27th at 3:30pm||University of Texas School of Law, Austin, TX||The Federalist Society (student chapter)|
|Thursday, March 28th at 7:45am||Akin Gump Strauss Hauer & Feld LLP, Houston, TX Pre-registration required||The Federalist Society (Houston lawyers chapter)|
|Thursday, March 28th at Noon||Texas A&M University, Bush School of Government and Public Service||The Hamilton Society|
Greg McNeal is a professor and national security specialist focusing on the institutions and challenges associated with global security, with substantive expertise in national security law and policy, transnational crime, global policy studies, and international affairs.
He teaches at Pepperdine University's School of Law and School of Public Policy.
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