November 29, 2018 - Deputy AG Rod Rosenstein Speaks at Georgetown Conference on Cybercrime 2020: Revisiting the Future of Online Crime and Investigations

Georgetown’s Center on National Security and the Law today hosted “Cybercrime 2020: Revisiting the Future of Online Crime and Investigations.”

The event explored how newly emerging cybercrime trends and the courts’ latest technology-focused rulings are reshaping investigative techniques. The symposium’s panels examined how the courts and policymakers—in the U.S. and abroad—are likely to respond to recent advances in technology and evolving tech policy, and whether U.S. law enforcement’s existing tools and capabilities are up to the challenges ahead.

Video of the event is available here.

Welcome and Opening Remarks

9:00 am - 9:15 am  

  • Laura Donohue, Professor, Georgetown Law

  • Brian Benczkowski, Assistant Attorney General, Criminal Division, U.S. Department of Justice (DOJ)

Breakfast Address

9:15 am - 9:45 am 
(livestream will be available here

  • Peter Singer, Strategist and Senior Fellow, New America

  • in conversation with Leonard Bailey, Head of Cybersecurity Unit, DOJ, Computer Crime & Intellectual Property Section (CCIPS)

Panel 1 – New Tech, New Crimes?

9:45 am - 11:00 am  
How will tomorrow’s cyber criminals exploit new technologies—from drones to “IoT” to cryptocurrencies—as consumers, businesses, and government begin adopting them?  How might criminals use new attack vectors, like interference with GPS and cellphone signals?  What technological challenges will law enforcement face in investigating these new means of committing cybercrime?  Will new machine learning, artificial intelligence, and other cybersecurity technologies help thwart cybercrime, or might they be corrupted to become part of the problem?  

  • Andrea Limbago, Chief Social Scientist, Virtru

  • Davi Ottenheimer, Founder, MongoDB 

  • Trent Teyema, Senior VP and Chief Technology Officer, Parson Corporation

  • Heather West, Senior Policy Manager, Mozilla

  • Michael Stawasz, Deputy Chief, DOJ, CCIPS (Moderator)

Panel 2 – Legislating Future Crimes:  Will New Prosecutorial Tools Be Necessary?

11:20 am – 12:35 pm

Are current laws “technology-neutral” enough to criminalize new cyber threats or do some criminal laws need to be amended—or new laws passed—to cover activities that may warrant prosecution in the future, such as communications jamming, “deep fake” video technology, invasive use of drones, and financial crimes involving crypto-currencies?  Will federal laws need to be amended to incentivize victims to practice self-help to respond to cyber intrusions and attacks in recognition of limited government resources?  Are we overlooking other gaps in the law?     

  • Richard DiZinno, Chief Counsel for National Security and Crime, Senate Judiciary Committee

  • Harley Geiger, Director of Public Policy, Rapid7

  • Michele Korver, Digital Currency Counsel, DOJ

  • Stephanie Pell, Professor, West Point’s Army Cyber Institute

  • William Hall, Senior Counsel, DOJ, CCIPS (Moderator)

Luncheon Keynote Address 

12:35 pm - 1:30 pm 

  • Rod Rosenstein, Deputy Attorney General, DOJ 

Panel 3 – Investigative Tools and Techniques of Tomorrow

2:05 pm – 3:20 pm

Emerging technology may provide law enforcement with new challenges as cyber criminals use them to mask their crimes and identities and to thwart surveillance, but it may also furnish law enforcement with new opportunities to amass new types of evidence from novel sources and to and sift through large caches of data to extract evidence. How suitable are current electronic surveillance statutes like the Stored Communications Act, Wiretap Statute, and Pen Register/Trap and Trace Act for the collection of data from likely future crimes scenes, like IoT devices and autonomous cars?  What types of new investigative tools are needed for nefarious activities such as network intrusions, ransomware, network manipulation, and other types of technology-intensive crimes?

  • Megan Brown, Partner, Wiley Rein LLP

  • Patrick Day, Senate Judiciary Committee, Senator Dianne Feinstein

  • Richard Downing, Deputy Assistant Attorney General, DOJ, Criminal Division

  • Mary Anne Franks, Professor, University of Miami

  • Jennifer Daskal, Professor, American University Washington College of Law (Moderator)

Panel 4 – Carpenter and the Future of the Fourth Amendment:  Where Do We Go from Here?

3:40 pm – 4:55 pm

The use of new investigative techniques will be tested by evolving Fourth Amendment jurisprudence. How do the prosecutorial tools and investigative techniques raised by the prior panels look in light of judicial doctrine? What constitutional issues do they raise? The Supreme Court’s decision in United States v. Carpenter may end up being a lynchpin of future legal decisions; however, the Court’s opinion raised as many questions as it answered.  How will Carpenter shape surveillance and privacy laws?  Will its reasoning be extended to areas other than location information?  If so, under what rationale?  How will it affect other Fourth Amendment jurisprudence, such as the third-party and private-search doctrines?  

  • April Falcon Doss, Partner, Saul Ewing Arnstein & Lehr LLP

  • Nathan Judish, Senior Counsel, DOJ, CCIPS 

  • Paul Ohm, Professor, Georgetown Law

  • Michelle Richardson, Director of the Data and Privacy Project, Center for Democracy & Technology

  • Laura Donohue, Professor, Georgetown Law (Moderator)

Concluding Remarks

4:55 pm - 5:00 pm

  • Leonard Bailey, Head of Cybersecurity Unit, DOJ, CCIPS