Judge Patricia Wald
Former Judge of the International Criminal Tribunal and Chief Judge of the U.S. Court of Appeals, DC Circuit
Kris W. Kobach
Former Counsel to U.S. Attorney General John Ashcroft
Sen. Ron Wyden of Oregon
Michael T. Beerbower
Mercyhurst College
Mariano-Florentino Cuéllar
Stanford Law School
Laura Donohue
Stanford University
Eric B. Easton
University of Baltimore School of Law
Richard A. Epstein
University of Chicago
Martin E. Halstuk
Pennsylvania State University
Pamela S. Karlan
Stanford Law School
Tom Lininger
University of Oregon
Craig Lerner
George Mason University
Alan B. Morrison
Stanford Law School
Diane Piette
University of St. Thomas
Jesselyn Radack
Former Attorney Advisor, U.S. Department of Justice
Robert Weisberg
Stanford Law School
Kristan J. Wheaton
Mercyhurst College
Ryan A. Clark
Laura Donohue
Seth Graham
Cody Harris
Steve Herman
Spencer Jones
Joseph P. Larson
Ben Morris
Fred Smith
Renee Stowitzky
Caitlin Weisberg
Britt Grant
SNSLS Co-President
Jim Shipe
SNSLS Co-President
Cindy Liou
SLPR Personnel Manager
Gregg Webb
SLPR Assistant Managing Editor
Hilary Ley
SLPR Assistant Managing Editor
David Thompson
SLPR Business Manager
Joe Edelheit Ross
Managing Editor
SLaura Day & Ben Rottenborn
SLPR Co-Presidents
Jillian Del Pozo
Cathy Glaze
Jeff Goodall
Lauren Gelman
Jennifer Granick
John Harrison
Kelly Kuehl
Jenny Martinez
Chidel Onuegbu
Rob Rosko
Allen Weiner
“[The] capability at any time could be turned around on the American people and no American would have any privacy left, such [is] the capability to monitor everything: telephone conversations, telegrams, it doesn’t matter. There would be no place to hide...”
Sen. Frank Church
Aug 17, 1975
“Sec. 1074. REDESIGNATION.—Paragraph (6) of section 3 of the National Security Act of 1947 (50 U.S.C. 415a) is amended—
(i) in subsection (a), by striking “National Foreign Intelligence Program” and inserting “National Intelligence Program”; and
(ii) in the section heading, by striking “FOREIGN”. . . .
Intelligence Reform and Terrorism Prevention Act of 2004
(Signed into law Dec. 17, 2004)
Reports of domestic “spying” by the National Security Agency have brought recent attention to the intersection of law and intelligence, but the legal issues raised by intelligence extend beyond the current debate over civil liberties. Intelligence policy also implicates issues related to criminal law, administrative law, torts, and the separation of powers. Moreover, recent legislation has altered the landscape of intelligence. Last year, the president signed into law the Intelligence Reform and Terrorism Prevention Act, Public Law 108-458, reorganizing the U.S. intelligence community and creating the new position of Director of National Intelligence. This year, the U.S.A. Patriot Act of 2001, Public Law 107-56, is up for renewal. Meanwhile, Americans this summer will mark the fifth anniversary of a calamitous intelligence failure.
Stanford Law School, the Stanford Law & Policy Review, the Center for Internet and Society, and the Stanford National Security Law Society are delighted to host a one-day symposium examining the legal and policy issues related to intelligence, security, and the law. The symposium will feature a series of short presentations and panel discussions on the law of intelligence and security. The event will be open to the public and the press. Broadly, the symposium will cover three areas: intelligence oversight (legislative, judicial, executive, and otherwise); intelligence reform; and the balance between security and liberty five years after 9/11. Each panel will be opened by a short “keynote” introduction by a policy practitioner, student, or faculty member. Panelists will then discuss their perspectives and answer questions.
Each of the panelists is an author in the upcoming Stanford Law & Policy Review symposium volume on the law of intelligence. This is the first-ever law school symposium focused narrowly on the post-9/11 law of intelligence. It will also likely be the legal academy’s first symposium to focus on the “new” Patriot Act as it will have been reauthorized this winter by the current Congress.
Now is a timely moment for such a discussion. The 2004 Intelligence Reform Act significantly altered the intelligence community. That, together with the Patriot Act, yields a significant opportunity for academic debate.
This panel will focus on the recent controversy over domestic eavesdropping and surveillance as authorized by the Bush administration. A panel of legal scholars will discuss the statutory and Constitutional issues raised by this particular assertion of executive authority in response to the threat of terrorism since 9/11. The panel will be followed by a speech and Q&A session featuring Senator Ron Wyden of Oregon.
This panel on intelligence reform will discuss both what “went wrong” before 9/11 and before the Iraq War, and assess how the intelligence community has changed to meet the new security environment. What was the nature of the intelligence “failures” that led to 9/11 and the pre-war understanding regarding WMD in Iraq? Will the intelligence community get back on course? Was the pre-Iraq war intelligence really politicized? Will the recent reorganization of the intelligence community improve intelligence? Judge Patricia Wald will keynote this discussion.
Where are the lines drawn between intelligence and information, between secrets and public knowledge, between national security and law enforcement? This 90-minute discussion will examine the efficacy of the Freedom of Information Act (FOIA) in revealing the workings of the intelligence community, the origins of the historical “wall” between intelligence and law enforcement, and the very definition of intelligence itself.
This dinner panel will discuss the Patriot Act as it was enacted after 9/11, and offer timely analysis on the debate in Congress over reauthorization of 16 sunset provisions. In December, Congress extended those provisions through early February. This panel will offer one of the first opportunities for legal scholars to discuss the form of the “new” Patriot Act as enacted by Congress, as well as the politics involved. Will Congress succeed in its effort to balance civil liberties and security?
Stanford Students & Faculty, and Members of the Press: Free Admission with ID.
Public Admittance: $85 (Includes the Friday and Wednesday panels, meals and refreshments, and a one-year subscription the Stanford Law & Policy Review.)
Register here: http://www.acteva.com/go/cis
Friday, February 17, 2006
11:00-1:00 Brunch Panel and Speech:
Domestic Spying—Privacy & Security Interests.
Speech: U.S. Sen. Ron Wyden.
Moderator: Professor Pam Karlan.
Panel: Professors Kris Kobach and Alan Morrison.
Wednesday, February 22, 2006
12:30-2:00 Welcome Session & Luncheon Panel:
Was It Broke...and Did We Fix It? Reforming Intelligence.
Featured speaker: Judge Patricia Wald.
Panel: Michael Warner of the Office of the Director of National Intelligence; Professor Craig Lerner.
3:45-5:45 Mid-Afternoon Panel:
Drawing the Line: Demystifying Intelligence.
Featured presenters: Diane Piette, Jesselyn Radack, and Professors Michael Beerbower, Martin Halstuk, Tom Lininger, and Kristan Wheaton.
6:00-8:00 Dinner Panel:
The “New” Patriot Act: Jennifer Granick of the Center for Internet and Society; Professors Mariano-Florentino Cuellar, Richard A Epstein, and Robert Weisberg.
Center for Internet and Society
Stanford National Security and the Law Society
