How Big Data Can Assist Companies In Threat Assessment And Crisis Management

Price Waterhouse Coopers launched an impressive new web video series entitled The Front Line of Fraud & Corruption.  The videos are part of an ongoing series examining how companies can use forensic services to defend against threats, respond to crises, and recover from incidents. While the series is no doubt intended […]

from Greg McNeal – Forbes http://ift.tt/1hhNgLu

My latest at Forbes: California AG Releases Guide To Online Privacy Laws

Originally posted on May 21, 2014 at 04:19PM at Greg McNeal – Forbes, http://ift.tt/1jEEfBZ
California Attorney General Kamala Harris issued guidance today for businesses struggling to comply with recent updates to the California Online Privacy Protection Act also known as CalOPPA. CalOPPA’s recent updates require that online privacy notices disclose how a site responds to “Do Not Track” signals, and whether third parties may collect […]

from Greg McNeal – Forbes http://ift.tt/1jEEfBZ

A Discussion About Civilian Drones, Privacy and FAA Test Sites

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.  

http://player.theplatform.com/p/2E2eJC/EmbeddedOffSite?guid=n_melvin_drones_140104

McNeal Testimony Regarding Drones Privacy and Surveillance

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.

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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.

National Security vs. International Law

I appeared on a panel sponsored by the International & National Security Law Practice Group of the Federalist society.  The panel was entitled “National Security vs. International Law?” and was held on Friday, November 16, 2012, during the 2012 National Lawyers Convention.

International: National Security vs. International Law?
3:30 p.m. – 5:00 p.m.
Grand Ballroom

  • Prof. Kenneth Anderson, American University Washington College of Law
  • Prof. Rosa Brooks, Georgetown University Law Center
  • Prof. Julian Ku, Professor of Law and Faculty Director of International Programs, Hofstra University School of Law
  • Prof. Gregory S. McNeal, Associate Professor of Law, Pepperdine University School of Law
  • Moderator: Prof. John O. McGinnis, Northwestern University School of Law

Ken Anderson had a write-up about the panel at Volokh and a video of the panel is embedded below.

The Law of Cyber Warfare: Can The Current Legal Regime Hack It?

WCL logo

THE LAW OF CYBER WARFARE: CAN THE CURRENT LEGAL REGIME HACK IT?  

Presented by the American University International Law Review and National Security Law Brief

November 8, 2012 10:30 am – 2:30 pm American University Washington College of Law

Although cross-border attacks on computers and information systems do not involve a physical invasion of sovereign space, incursions such as the Stuxnet virus increasingly seem to serve a similar purpose. The symposium will examine whether cross-border cyberattacks qualify as acts of war under international law, whether the difficulties of distinguishing civilian and military targets require a special legal regime to govern cyber warfare, and how legislation that has been passed or is currently being considered by the U.S. Congress will affect the international context of such attacks. Are the current legal conventions sufficient to regulate this new kind of warfare? If not, then how should international law account for changing technological capacities? How effective are domestic legislative efforts in addressing the burgeoning foreign threats critical infrastructure institutions in the United States face?

10:00 am  Registration

10:30 am  When is a Virus a War Crime? Targetability and Collateral Damage Under the Law of Armed Conflict:

As cyber attacks have become an increasingly integral tactic for military strategists, they have raised questions for the international legal regime on the conduct of war. Cyber warfare is particularly challenging because cyber attacks designed to disrupt, deny, or degrade enemy military capabilities may simultaneously damage civilian computer systems. Does the law of armed conflict provide sufficient guidance for establishing targetability? Can the destruction of power grids and other critical infrastructure be counted as collateral damage or could they be considered war crimes? Is international humanitarian law capable of governing rapidly developing technology? If not, can it be amended, or is a new legal regime needed?

Speakers

Paul Rosenzweig, Professorial Lecturer in Law, George Washington University

Charles L. Barry, Senior Research Fellow, Center for Technology and National Security Policy, National Defense University

John C. Dehn, Senior Fellow, Rule of Law Center, West Point

Gregory S. McNeal, Associate Professor of Law, Pepperdine University

Moderator: Professor Daniel Schneider, American University School of International Service; Director, Center on Non-traditional Threats and Corruption (CONTAC)

1:15 pm Is Domestic Legislation Sufficient Tool to Battle Foreign Attacks? An Analysis of the Efficacy of Domestic Cyber Security Legislation

In an increasingly interconnected world, critical infrastructure in the United States faces foreign cyber threats at an increasing rate, emphasizing possible vulnerabilities in current security systems. Foreign attacks are particularly concerning because accessibility to critical infrastructure systems puts both the United States government and the civilian population at great risk. Is legislation like the Cyber Intelligence Sharing Protection Act or the cyber security bills being considered by the U.S. Congress effective in targeting the risk of foreign attack on critical infrastructure institutions, such as power grids, gas pipelines, and the banking sector, which are prime targets for cyber attacks? If not, should more regulatory efforts be considered or are companies in the business of managing critical infrastructure capable of maintaining their own standards that are effective in combating foreign attacks?

Speakers

Michelle Richardson, Legislative Counsel, American Civil Liberties Union, Washington Legislative Office

Jamil Jaffer, Senior Counsel, House Permanent Select Committee on Intelligence

Catherine Lotrionte, Director, Institute for International Law, Science and Global Security

Moderator: Professor Melanie Teplinsky, American University Washington College of Law

Emerging Trends in Modern Warfare Conference

Emerging Trends in Modern Warfare Conference

Drone

 

The Emerging Trends in Modern Warfare conference will consist of two panels discussing different changes that are happening in the ways the United States military operates. The first panel focuses on the practical operational considerations that are necessary when people from the military, law enforcement, and intelligence communities work together and how this convergence is actually working in the field. The second panel focuses on the Constitutional, International Humanitarian Law, and Law of Armed Conflict issues that arise when these components operate together overseas.

 

When

Sept. 21, 2012 from 9 a.m. to 3 p.m. Registration begins at 8:30 a.m.

Where

Seminar rooms 4 and 5 (S-4 and S-5). University of the Pacific, McGeorge School of Law 3200 Fifth Ave. Sacramento, CA 95817 Map & Directions

Cost

  • General Admission — $20
  • MCLE Credit (Pacific McGeorge Alumni) — $25
  • MCLE Credit (non-Alumni) — $40
  • Students and Pacific McGeorge Faculty — Free
  • Register & Pay

Contact

For more information, please call 916.739.7138 or send an email to mlsatmcgeorge@pacific.edu.

Program

8:30 to 9 a.m. Breakfast & Registration
9:15 a.m. to 9:30 a.m. Opening Remarks
9:30 a.m. to 11:30 a.m Panel 1: The Operational Convergence Between the Military, the Intelligence Community, and Law Enforcement

  • Herb Brown, Special Agent in Charge, Federal Bureau of Investigation
  • Dana Dyson, Deputy Chief, CIA Office of General Counsel’s Operations Division
  • James Schmidli, Deputy General Counsel for Operations, Defense Intelligence Agency
11:30 a.m. to 12:30 p.m. Lunch
12:45 p.m. to 2:45 p.m. Panel 2: Constitutional and International Legal Challenges Related to Modern Warfare Tactics, Technology, and Practices

  • Professor John Sims, University of the Pacific, McGeorge School of Law
  • Ms. Anne Quintin, International Committee of the Red Cross
  • Professor Gregory McNeal, Pepperdine University School of Law
2:45 p.m. to 3 p.m. Closing Remarks

 

Emerging Issues in International Humanitarian Law: Santa Clara Law

On Friday February 3 and Saturday February 4th the Santa Clara Law school will host a symposium on International Humanitarian Law.  I will be serving as a moderator for Panel 3.  The full schedule appears below, and more information about the symposium can be found here.

The 2012 Santa Clara Journal of International Law Symposium- Emerging Issues in International Humanitarian Law

Friday, February 3 and Saturday, February 4, 2012

HOSTED BY:
Santa Clara University School of Law
Santa Clara Journal of International Law
Center for Global Law & Policy

Symposium Schedule

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