CENTER FOR ETHICS AND THE RULE OF LAW​

Foreign Interference with Democratic Institutions

Featuring the 2017 Haaga Lecture, General Michael hayden

April 18 -
 18, 2017

Co-sponsored By:

The Conference

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The discovery of widespread attempts to influence the 2016 Presidential election  in the U.S. on the part of the Russians has sent shockwaves through the public and has forced us to begin to re-evaluate the current nature of the threats to democratic values and adherence to the rule of law on behalf of foreign governments that do not share the U.S. commitments to the integrity of basic democratic institutions.  Drawing lessons from the recent revelations of Russian cyberhacking, as well as Russian involvement in the dissemination of fake news, there is a growing awareness that our reliance on computerized communications and data processing has created vulnerabilities for foreign interference that we had previously overlooked or underestimated. 

Cyberattacks or interference with the elections of rival nations is thus emerging as a threat to national security of epic proportions.  This program will be divided into two panels:  the first panel will consider the nature of the threat posed by Russian hacking and cyber intelligence operations more generally, and will seek an understanding of the legal status of these activities.  Does cyberhacking and targeted interference in the U.S. election constitute an act of war?  If not, then how should we understand our relationship with countries that regularly engage in these activities?  If so, then what actions are permissible under the law of armed conflict to forestall or prevent such attacks on our institutions and those of our allies?  Is kinetic action ever justified as a response or in anticipation of a cyber attack?  The second panel will address the implications of the flooding of social media with fake news by foreign powers. 

Even without security breaches and the hacking efforts on the part of the Russians, the impact of false information disseminated as credible news on social media has implications both for national security and for the integrity of bona fide news organizations.  How should we address the dangers posed by the dissemination of fake news and what can we do to protect against the risk that the public that makes critical political decisions will be misinformed and manipulated?  How can we combat the dangers of fake news at the same time that we continue to protect and safeguard first amendment rights of both the press and individuals under the Constitution?   What are the implications of these cyber activities for the authority of government leaders when their mandate to rule is partially the product of the espionage and other covert activities of rival sovereign powers?

This program has been approved for 3.0 ethics CLE credits for Pennsylvania lawyers. CLE credit may be available in other jurisdictions as well. Attendees seeking CLE credit should bring separate payment in the amount of $120.00 ($60.00 public interest/non-profit attorneys) cash or check made payable to The Trustees of the University of Pennsylvania.

This event will be immediately followed by the Distinguished Haaga Lecture, which will be given this year by General Michael Hayden. 

This program has been approved for 1.5 ethics CLE credit for Pennsylvania lawyers. CLE credit may be available in other jurisdictions as well. Attendees seeking CLE credit should bring separate payment in the amount of $60.00 ($30.00 public interest/non-profit attorneys) cash or check made payable to The Trustees of the University of Pennsylvania.

This event is co-sponsored by the Center for Advanced Research in Global Communication and the American Enterprise Institute.

Schedule

TUESDAY, APRIL 18 FITTS AUDITORIUM

1:00pm – 2:30pm
  
Panel 1: Russian Cyberhacking as an Act of War? (VIDEO)
Moderator: Prof. William Burke-White, Richard Perry Professor of Law and Director,  Perry World House, University of PennsylvaniaCol. Gary Brown, Senior Legal Advisor, United States Department of DefenseDr. Fred Kagan, Resident Scholar and Director, Critical Threats Project, American Enterprise InstituteSean Kanuck, Center for International Security and Cooperation, Stanford University; former U.S. National Intelligence Officer for Cyber Issues from 2011-2016Daniel (DJ) Rosenthal, Associate Managing Director, Kroll; former NSC Director for Counterterrorism and Senior Counsel at the ODNI and DOJMr. David Sanger, Chief Washington Correspondent, The New York Times
2:30pm – 2:45pmBreak
2:45pm – 4:15pm    Panel 2: Influencing Public Opinion and Exerting Political Leverage from Abroad (VIDEO)
Moderator: Prof. George Lucas, Professor of Philosophy and Public Policy, Naval Postgraduate SchoolHon. Adrian Basora, Director Eurasia Program, Foreign Policy Research Institute (FPRI); former U.S. Ambassador to Czechoslovakia and the Czech RepublicMr. Douglas Birch, Freelance journalist. Former National Security reporter, Center for Public Integrity, Washington, and Moscow Bureau Chief for the Associated PressMr. Tarun Chhabra, Visiting Fellow at Brookings Institution and Perry World House; former Director of Strategic Planning and Director for Human Rights and National Security, National Security CouncilMs. Carrie Cordero, Private practitioner and cybersecurity expert; former Director of National Security Studies, Georgetown University Law CenterMr. Luke Harding, Foreign Correspondent and former Moscow Bureau Chief, The Guardian
 This program has been approved for 3.0 ethics CLE credits for Pennsylvania lawyers. CLE credit may be available in other jurisdictions as well. Attendees seeking CLE credit should bring separate payment in the amount of $100.00 ($50.00 public interest/non-profit attorneys) cash or check made payable to The Trustees of the University of Pennsylvania.
4:30pm – 6:00pmHaaga Lecture (VIDEO):
RUSSIAN MEDDLING IN THE 2016 PRESIDENTIAL ELECTION: Implications for the Rule of LawSpeaker: General Michael HaydenModerator: Professor Claire FinkelsteinThis lecture has been approved for 1.5 ethics CLE credit for Pennsylvania lawyers. CLE credit may be available in other jurisdictions as well. Attendees seeking CLE credit should bring separate payment in the amount of $40.00 ($20.00 public interest/non-profit attorneys) cash or check made payable to The Trustees of the University of Pennsylvania.
6:00pm – 7:00pmCocktail Reception, Open to Registered GuestsHaaga Lounge (the Goat)

(Both panels and Haaga Lecture will take place in the Fitts Auditorium at Penn Law. The reception following the lecture will be held in the Haaga Lounge)

Participants

Hon. Adrian Basora

Director Eurasia Program, Foreign Policy Research Institute (FPRI); former U.S. Ambassador to Czechoslovakia and the Czech Republic

Mr. Douglas Birch

Freelance journalist. Former National Security reporter, Center for Public Integrity, Washington, and Moscow Bureau Chief for the Associated Press

Col. Gary Brown

Senior Legal Advisor, United States Department of Defense

Professor William Burke-White

Director, Perry World House

Mr. Tarun Chhabra

former Director of Strategic Planning and Director for Human Rights and National Security at the White House

Ms. Carrie Cordero

Attorney and Cybersecurity Expert; formerly Director of National Security Studies at Georgetown Law

Professor Claire Finkelstein

CERL Founder & Director, University of Pennsylvania Law School

Mr. Luke Harding

Journalist, The Guardian

General (ret.) Michael Hayden

former Director of the Central Intelligence Agency and the National Security Agency

Dr. Fred Kagan

Resident Scholar and Director, Critical Threats Project, American Enterprise Institute

Mr. Sean Kanuck

Center for International Security and Cooperation, Stanford University; former U.S. National Intelligence Officer for Cyber Issues from 2011-2016

Professor

George LucasNaval Post Graduate School

Mr. Daniel (DJ) Rosenthal

Associate Managing Director, Kroll; former NSC Director for Counterterrorism and Senior Counsel at the ODNI and DOJ

Mr. David Sanger

Chief Washington Correspondent, The New York Times

Background Readings

Barnard-Wills, David. This is Not a Cyber War, it’s a…? International Journal of Cyber Warfare and Terrorism, Vol. 1, January-March: 13-23.

Chalfant, Morgan. Former CIA Director: Don’t Call Russian Election Hacking ‘Act of War.” The Hill. Retrived from http://thehill.com/policy/cybersecurity/328344-former-cia-director-dont-call-russian-election-hacking-act-of-war (April 11, 2017). 

Clapper, James R., Lettre, Marcel, Rogers, Michael S. Joint Statement for the Record to the Senate Armed Services Committee Foreign Cyber Threats to the United States. (2017, January 5).

Damrosch, Lori Fisler, Politics Across Borders:Nonintervention and Nonforcible Influence Over Domestic Affairs, 83 Am. J. Int’l L. 1

Grim, Ryan & Cherkis, Jason, Bernie Sanders’ Campaign Faced a Fake News Tsunami.  Where Did It Come From?, HuffingtonPost.com, Mar. 13, 2017.

Hathaway, Oona, et al., The Law of Cyber Attack, 100 Cal. L. Rev. 817

Harding, Luke, Click for Regime Change: Vladimir Putin has exposed democracy’s technical frailty—all the way to the White House, Prospect Magazine, Jan. 13, 2017.

Hayden, Michael V. Donald Trump is Undermining Intelligence Gathering. The New York Times. (2017, March 9).

Hayden, Michael V. Former CIA Chief: Trump is Russia’s Useful Tool. The Washington Post. (2016, November 3).

Hayden, Michael V. Trump is Already Antagonizing the Intelligence Community, and That’s a Problem. The Washington Post. (2016, December 16). 

Hayden, Michael V. Trump’s Most Important New Partner: The Intelligence Community. The Washington Post. (2016, November 14). 

I.C.A. Background to “Assessing Russian Activities and Intentions in Recent U.S. Elections”: The Analytic and Cyber Incident Attribution. ICA 2017-01D. (2017, January 6). 

Leonhardt, David. Trump’s Russia MotivesThe New York Times. Retrieved from the http://www.nytimes.com (2017, February 21).

Lipton, Eric., Sanger, David E., Shane, Scott. The Perfect Weapon: How Russian Cyberpower Invaded the U.S. The New York Times. (2017, April 4). 

Lynn III, William J. Defending a New Domain: The Pentagon’s Cyberstrategy. Foreign Affairs, Vol. 89, No. 5 September/October 2010: 97-108. 

Margulies, Peter. Sovereignty and Cyber Attacks: Technology’s Challenge to the Law of State Responsibility. Melbourne Journal of International Law, Vol. 14, 2013: 496-519. 

NATO Cooperative Cyber Defence Centre of Excellence. Tallin Manual on the International Law Applicable to Cyber Warfare. Prepared by the International Group of Experts. (2013) 

Ohlin, Jens David, Did Russian Cyber-Interference in the 2016 Election Violate International Law?, Texas Law Review

Osnos, Evan., Remnick, David., Yaffa, Joshua. Trump, Putin, and the New Cold WarThe New Yorker. Retrieved from the http://www.newyorker.com/ (2017, March 6).

Sanger, David, Obama Confronts Complexity of Using a Mighty Cyberarsenal Against Russia, New York Times, December 17, 2017

Sanger, David and Broad, William J. , Trump Inherits a Secret Cyberwar Against North Korean Missiles, New York Times, March 4, 2017

Sheffield, Matthew, Russia’s Blueprint for Political Chaos: Alleged Hacking May Just Be Part of Vladimir Putin’s Grand Game, Salon.com, Dec. 29, 2016.

Shulman, Stephen & Bloom, Stephen. The Legitimacy of Foreign Intervention in Elections: the Ukrainian Response. Review of International Studies, Vol.38, 2012: 445-471. 

Solis, Gary D. Cyber Warfare. Military Law Review, Vol. 219, Spring 2014: 1-52.

Stout, David. How Nazis Tried to Steer U.S. PoliticsThe New York Times. Retrieved from the http://www.nytimes.com (1997, July 23).

U.S. Senate Select Committee on Intelligence. Russian Active Measures and Influence Campaigns. Testimony. (2017, March 30). 

Usdin, Steve. When a Foreign Government Interfered in a U.S. Election – to Reelect FDRPolitico Magazine. (2017, January 16).

Waxman, Matthew C. Cyber-Attacks and the Use of Force: Back to the Future Article 2(4). Yale Journal of International Law, Volume 36, Issue 2, 2011: 421-459.

Contact us

For any questions regarding the conference or registration, please contact: Jennifer Cohen at jenn.cohen@appc.upenn.edu

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Foreign Interference with Democratic Institutions