IGF-USA 2020 Session

Policy Debate on the Encrypted Internet and Lawful Access

Wednesday, July 22

3:00 – 4:15 PM EDT

During this session two teams on opposite sides of the issue will debate the following motion.

Resolved: the government should require ISPs and apps to enable lawful access to data in transit that is protected by end-to-end encryption.

The session will be structured in five parts:

  • moderator introduces the topic and share the motion
  • each side provides opening remarks (6 minutes per speaker)
  • discussion and debate between debaters
  • question & answer with audience
  • each side provides closing remarks (2 minutes per speaker)

Host & Moderator

Herb Lin

Senior Research Scholar, CISAC and Research Fellow, Hoover Institution at Stanford University

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Dr. Herb Lin is senior research scholar for cyber policy and security at the Center for International Security and Cooperation and Hank J. Holland Fellow in Cyber Policy and Security at the Hoover Institution, both at Stanford University. His research interests relate broadly to policy-related dimensions of cybersecurity and cyberspace, and he is particularly interested in the use of offensive operations in cyberspace as instruments of national policy and in the security dimensions of information warfare and influence operations on national security. In addition to his positions at Stanford University, he is Chief Scientist, Emeritus for the Computer Science and Telecommunications Board, National Research Council (NRC) of the National Academies, where he served from 1990 through 2014 as study director of major projects on public policy and information technology, and Adjunct Senior Research Scholar and Senior Fellow in Cybersecurity (not in residence) at the Saltzman Institute for War and Peace Studies in the School for International and Public Affairs at Columbia University; and a member of the Science and Security Board of the Bulletin of Atomic Scientists. In 2016, he served on President Obama’s Commission on Enhancing National Cybersecurity. Prior to his NRC service, he was a professional staff member and staff scientist for the House Armed Services Committee (1986-1990), where his portfolio included defense policy and arms control issues. He received his doctorate in physics from MIT.

Avocationally, he is a longtime folk and swing dancer and a lousy magician. Apart from his work on cyberspace and cybersecurity, he is published in cognitive science, science education, biophysics, and arms control and defense policy. He also consults on K-12 math and science education.

For the Motion

Stewart A. Baker

Steptoe & Johnson

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Stewart Baker practices law at Steptoe & Johnson in Washington, D.C. His law practice covers matters such as homeland security, cybersecurity, and data protection. He is the author of Skating on Stilts: Why We Aren’t Stopping Tomorrow’s Terrorism, and he hosts the weekly Cyberlaw Podcast . From 2005 to 2009, Mr. Baker was the first Assistant Secretary for Policy at the Department of Homeland Security. During 2004 and 2005, Mr. Baker served as General Counsel of the WMD Commission investigating intelligence failures prior to the Iraq war. From 1992 to 1994, Mr. Baker was General Counsel of the National Security Agency, where he led NSA and interagency efforts to reform commercial encryption and computer security law and policy. In 1977-78, he was a law clerk to Hon. John Paul Stevens, U.S. Supreme Court. He has been awarded one patent

Darrin E. Jones

Executive Assistant Director, Science and Technology Branch, FBI

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Director Christopher Wray has named Darrin E. Jones as the executive assistant director of the Science and Technology Branch at FBI Headquarters in Washington. Mr. Jones most recently served as the assistant director of the Information Technology Infrastructure Division.

As EAD, Mr. Jones oversees the Criminal Justice Information Services, Laboratory, and Operational Technology Divisions.

Mr. Jones began his FBI career in 1997 as a special agent in the Salt Lake City Field Office, where he investigated international drug trafficking and cybercrime, and helped lead the counterterrorism planning for the 2002 Olympics. In 2003, he was promoted to supervisor and served as a congressional liaison in the Office of Congressional Affairs at Headquarters.

In 2005, Mr. Jones became a supervisor in the Operational Technology Division at Quantico, Virginia. He moved to the Albuquerque Field Office in 2007 as the cyber program supervisor, managing criminal cyber cases and national security intrusion investigations. In 2009, he coordinated the construction of the New Mexico Regional Computer Forensic Laboratory, the FBI’s 16th such facility. He also served as director of the lab, which provides digital forensics services to the law enforcement and national security communities.

In 2011, Mr. Jones was promoted to assistant special agent in charge of the Anchorage Field Office. He returned to FBI Headquarters in 2013 as a section chief in the Operational Technology Division, overseeing technical and policy matters associated with electronic communication interception. He was named special agent in charge of the Kansas City Field Office in Missouri in March 2017.

Director Wray named Mr. Jones as the assistant director of the Information Technology Infrastructure Division in 2019.

Mr. Jones earned a bachelor’s degree from the University of Nebraska. In 2018, Mr. Jones earned an advanced certification in Information Security from Carnegie Mellon University.

Against the Motion

Susan Landau

Bridge Professor in Cyber Security and Policy at the Fletcher School of Law and Diplomacy and the School of Engineering, Department of Computer Science, Tufts University

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Susan Landau is Bridge Professor in Cyber Security and Policy at the Fletcher School of Law and Diplomacy and the School of Engineering, Department of Computer Science, Tufts University, and Visiting Professor, Department of Computer Science, University College London. Landau works at the intersection of cybersecurity, national security, law, and policy. She has published three books, the most recent of which, Listening In: Cybersecurity in an Insecure Age, came about because of her Congressional testimony in the Apple/FBI case. Landau has frequently briefed US and European policymakers on encryption, surveillance, and cybersecurity issues. She has been a Senior Staff Privacy Analyst at Google, a Distinguished Engineer at Sun Microsystems, and a faculty member at Worcester Polytechnic Institute, the University of Massachusetts Amherst and Wesleyan University. She is a member of the Cybersecurity Hall of Fame and of the Information System Security Hall of Fame, and is a fellow of the American Association for the Advancement of Science and of the Association for Computing Machinery, as well as having been a Guggenheim and Radcliffe Fellow.

Riana Pfefferkorn

Associate Director of Surveillance and Cybersecurity at the Stanford Center for Internet and Society

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Riana Pfefferkorn is the Associate Director of Surveillance and Cybersecurity at the Stanford Center for Internet and Society. Her work focuses on investigating and analyzing the U.S. government's policy and practices for forcing decryption and/or influencing crypto-related design of online platforms and services, devices, and products, both via technical means and through the courts and legislatures. Riana also researches the benefits and detriments of strong encryption on free expression, political engagement, economic development, and other public interests.

Prior to joining Stanford, Riana was an associate in the Internet Strategy & Litigation group at the law firm of Wilson Sonsini Goodrich & Rosati, where she worked on litigation and counseling matters involving online privacy, Internet intermediary liability, consumer protection, copyright, trademark, and trade secrets and was actively involved in the firm's pro bono program. Before that, Riana clerked for the Honorable Bruce J. McGiverin of the U.S. District Court for the District of Puerto Rico. She also interned during law school for the Honorable Stephen Reinhardt of the U.S. Court of Appeals for the Ninth Circuit. Riana earned her law degree from the University of Washington School of Law and her undergraduate degree from Whitman College.