Privacy After Petraeus
February 25, 2013
The scandal surrounding David Petraeus' resignation as Director of the CIA played out against a backdrop of increasing questions about privacy and electronic surveillance in a digital era. In 2010, a federal appeals court ruled for the first time that law enforcement agents need warrants in order to read stored private emails. While companies like Google and Twitter increasingly report on the scope of government requests for their customers' communications and play an active role in resisting those requests, on the Hill, Congress may be poised to revisit the standard for electronic privacy for the first time since the Atari age.
Meet the Panel
Judge Danny Julian Boggs, Judge, Unites States Court of Appeals
Danny Julian Boggs (born October 23, 1944) is a Judge on the United States Court of Appeals for the Sixth Circuit. He was appointed to a newly-created seat on that court on January 29, 1986 by President Ronald Reagan, confirmed by the U.S. Senate on March 3, and received his commission on March 25. He served as the Chief Judge of the Sixth Circuit from 2003 to 2009.
Boggs was born in Havana, Cuba. Boggs sparked controversy in 2001 by accusing then-Chief Judge Boyce Martin of violating Sixth Circuit procedural rules by assigning himself to panels and manipulating the timing of an order. Judge Boggs recused himself from the subsequent panel inquiry, which found a rule violation, but recommended no action.
One unusual feature of Judge Boggs' managing style is an arcane general knowledge quiz he gives to clerkship applicants. The quiz strongly emphasizes history, literature, and classics, but also contains questions asking for the takers' opinions. Judge Boggs says he uses the answers to gain insight into potential clerks' interests and personalities. Three of his former clerks appeared on the ABC game show Who Wants to Be a Millionaire at the peak of the show's popularity in 2001, and two of them used him as their "phone-a-friend."
Laura Murphy, Director, Washington Legislative Office, ACLU
Laura W. Murphy is in her second tenure as Director of the ACLU’s Washington Legislative Office, a position she first held from 1993-2005. Since returning Murphy has maintained strong relationships with leaders in the United States Congress and the Obama Administration to advance the ACLU’s public policy priorities including national security, criminal justice, human rights, privacy, reproductive rights, civil rights and First Amendment issues.
Recently, Murphy played a leadership role in the passage of the Fair Sentencing Act of 2010 signed into law by President Obama on August 3, 2010—a law that reduced the sentencing disparity between crack and powder cocaine and that begins to address some of the racial disparities in the criminal justice system. Under her leadership, the ACLU Washington Legislative Office worked with Congress and the White House to gain support around federally-funded abortions for servicewomen and military dependents in the cases of rape or incest. The provision was signed into law on January 2, 2013.
Prior to her return to the ACLU, she founded and directed her own firm, Laura Murphy & Associates, L.L.C., where she utilized her 30 years of policy-making and political expertise to guide and advise corporate and non-profit clients at the national, state and local levels.
Murphy is well known for her notable legislative career advancing human rights and civil liberties. Both major newspapers on Capitol Hill, Roll Call and The Hill, selected Murphy as one of the 50 most influential lobbyists and one of 17 top nonprofit lobbyists in 1997 and 2003, respectively. In 1997, and again in 2003, the Congressional Black Caucus honored her for her significant contributions to legislation that advances civil rights and civil liberties. She has been given awards for her work with Congress and the White House by ACLU affiliates in Massachusetts, Mississippi and Maryland. Murphy has also been instrumental in garnering support from African Americans for same sex marriage, especially in her home state of Maryland. Murphy’s family has a storied history in the civil rights movement and in the Black press, and they were intimately involved in the successful 2012 campaign for marriage equality in Maryland.
In previous professional positions Murphy served as chief of staff to a California Assembly Speaker and a cabinet member for the Mayor of the District of Columbia. Murphy has testified more than a dozen times before Congress and is an experienced national spokesperson. She has been a frequent guest on television and radio including PBS, “NBC Nightly News” and “The Today Show”, “ABC World News”, CNN, Fox News, and National Public Radio.
Faiza Patel, Co-Director, Liberty and National Security Program, Brennan Center for Justice
Faiza Patel is Co-Director of the Liberty and National Security Program at the Brennan Center, focusing on civil liberties issues affecting Muslims in the United States. Before joining the Brennan Center, Ms. Patel worked as a senior policy officer at the Organization for the Prohibition of Chemical Weapons in The Hague. She clerked for Judge Sidhwa at the International Criminal Tribunal for the former Yugoslavia, and previously worked as an associate at Debevoise & Plimpton in Washington, DC.
Ms. Patel’s academic work is published in the American Journal of International Law, the Emory Journal of International Law, the European Journal of International Law, the Hague Yearbook of International Law, and the NYU Journal of International Law and Politics.
Ms. Patel is also a member of the United Nations Human Rights Council’s Working Group on the Use of Mercenaries. Born and raised in Pakistan, Ms. Patel is a graduate of Harvard College and the NYU School of Law.
Kenneth L. Wainstein, Partner, Davis Polk
Mr. Wainstein is a partner in Davis Polk’s Litigation Department, practicing in the Washington DC office. His practice focuses on corporate internal investigations and civil and criminal enforcement proceedings. With experience in significant positions in the U.S. government in the areas of criminal enforcement and national security, he brings clients a deep understanding of the substantive and procedural issues involved in white collar defense. His 20 years of public service garnered him an intimate knowledge of federal enforcement practice and policy, crisis management skills, credibility among prosecutors and regulators, and strong relationships with Congress, the bench and bar, and U.S. Attorneys around the country.
In 2008, Ken was named Homeland Security Advisor by President George W. Bush. In this capacity, he coordinated the nation's counterterrorism, homeland security, infrastructure protection, and disaster response and recovery efforts. He advised the President, convened and chaired meetings of the Cabinet Officers on the Homeland Security Council, and oversaw the inter-agency coordination process for homeland security and counterterrorism programs.
Prior to his White House service, Ken was twice nominated and confirmed for leadership positions in the Justice Department. In 2006, the U.S. Senate confirmed Ken as the first Assistant Attorney General for National Security. In that position, Ken established and led the new National Security Division, which consolidated DOJ's law enforcement and intelligence activities on counterterrorism and counterintelligence matters, and also oversaw the Department's role in regulatory mechanisms such as the Committee on Foreign Investment in the U.S. (CFIUS). Ken led several national security initiatives, including the launch of the national, inter-agency Export Control Enforcement Initiative targeting illegal exports of sensitive technology and weapons components.
In 2004, he was appointed, and later confirmed as, the U.S. Attorney in Washington DC, where he managed the largest U.S. Attorney's Office in the country and oversaw a number of high-profile white-collar and public corruption cases. Prior to that, Ken served as General Counsel of the Federal Bureau of Investigation and then as Chief of Staff to Director Robert Mueller. At the FBI, Ken was involved in myriad sensitive national security and criminal enforcement matters, as well as a variety of civil litigation, managerial, and Congressional oversight issues. In 2001, Ken served a stint as Acting U.S. Attorney in Washington DC and was then appointed Director of the Executive Office for U.S. Attorneys, where he provided oversight and support to the 94 U.S. Attorneys' Offices.
From 1989 to 2001, Ken served as an Assistant U.S. Attorney in both the Southern District of New York and the District of Columbia, where he handled numerous criminal trials and appellate arguments.
Faiza Patel (Brennan Center), Kenneth Wainstein (Cadwalader, Wickersham & Taft LLP), Honorable Danny Julian Boggs (United States Court of Appeals for the Sixth Circuit)
Honorable Danny Julian Boggs (United States Court of Appeals for the Sixth Circuit), Laura Murphy (ACLU)
Faiza Patel (Brennan Center), Kenneth Wainstein (Cadwalader, Wickersham & Taft LLP), Honorable Danny Julian Boggs (United States Court of Appeals for the Sixth Circuit), Laura Murphy (ACLU), David Lieber (Google Privacy Counsel)
Faiza Patel (Brennan Center) and Kenneth Wainstein (Cadwalader, Wickersham & Taft LLP)
An audience member poses a question to the panel.
An audience member questions the panel.