This program is not available for credit.
Total Credits: 0 No CLE Credit Available for this Program
Tags: Cyber Security
Cyber is a game changer in national security. Great power competitors and non-state actors are leveraging the cyberspace domain to challenge the U.S. and its allies. This strategy, which exceeds the threshold of normal national competition but often falls below the level of armed conflict, is referred to as hybrid or ambiguous warfare. Competition in the ‘gray zones’ between peace and armed conflict present significant legal challenges to national security lawyers. This talk serves as a broad introduction to some of the foundational issues in the field of National Security Cyber Law (NSCL). In some respects, NSCL is an evolution of International Humanitarian Law (IHL) and its subset the Law of Armed Conflict (LOAC) applied to the environment of a still-emerging technology. This is not altogether a novel issue. History is replete with examples of the law adapting to and enveloping innovation. Yet the ubiquitous nature of digital technology and its potential for consequences if disrupted by accident or malicious means has caused paradigm shifts and a question remains whether the law is sufficiently nimble throughout the cyberspace domain ecosystem. Law and policy are the focus of this discussion. A technical background is not necessary to participate in the conversation.
John is a nationally recognized banking attorney who advises financial institutions on regulatory, governance, and investigative matters. He regularly provides focused training sessions to boards and management on a wide range of legal and risk management topics. Working at the forefront of banking law and regulation, John is a thought leader in the field, primarily through teaching, writing, and frequent media interviews.
As the Regulatory Section Leader of BFKN’s Financial Institutions Group, John advises a wide variety of financial institutions around the country about the full spectrum of legal, regulatory, and supervisory issues that they face. He is a frequent speaker and author in the financial institutions area on issues surrounding banking regulations, examinations, and enforcement actions, as well as on cybersecurity.
John devotes significant time to anti-money laundering, counter-terrorist financing, and related national security issues. In this regard, he lectures and advises institutions around the country, engages with relevant organizations, and has published on the subject.
Prior to joining BFKN in 1999, John worked as a bank regulator and also as a compliance consultant. He served as legal counsel for the Illinois bank regulatory agency, now the Illinois Department of Financial and Professional Regulation. John also obtained practical experience with respect to bank operations and compliance issues as a regulatory consultant with a regional accounting firm, performing compliance reviews and training for a variety of financial institutions.
James Dever is a Principal at Lockhaven Solutions, LLC. He was a Professor of Cyber Warfare for the US Air Force. He taught Cyber Law, Intelligence Law, National Security Law, Privacy Law, and Space Law at the Air War College (AWC), Air Force Cyber College (AFCC), Air Force Judge Advocate General’s School (JAG School), Air Command and Staff College (ACSC), and Air Force Research Lab Information Directorate (AFRL), the nation’s premier research organization for Computers and Intelligence. In partnership with Air Force Cyber College and National Security Agency (NSA) Cryptologic School colleagues, he designed a new graduate degree in Cyber Strategy for senior military officers and Department of Defense (DoD) civilians. He has provided cyber education to multiple foreign countries including the United Kingdom, Australia, Canada, New Zealand, Brazil, Peru, Mexico, Colombia, Chile and France.
He served as a US Army Judge Advocate. He was the Cyber Law Judge Advocate at Army Cyber Command (ARCYBER) where he provided real-time legal advice on worldwide cyber offensive, cyber defensive, and DoD information network missions. He was Chair of the Law Department at the US Army Intelligence School and taught Cyber Law, Intelligence Law, and National Security Law to Soldiers and DoD military personnel and civilians. He taught Advanced Source Operations at the HUMINT Training Joint Center of Excellence, served as a Cyber Law Judge Advocate at the US Army Network Enterprise Technology Command (NETCOM), and was a Cyber Law liaison to the US Army Intelligence and Security Command (INSCOM).
Prior to the Army, he was a Deloitte Cyber Risk Services consultant. At Deloitte, he partnered with the National Institute of Standards and Technology (NIST) and helped create the Trusted Identities in Cyberspace and Privacy Engineering programs. He facilitated cybersecurity risk management for Fortune 500 companies. He has published multiple peer-reviewed law articles and book chapters on Cyber Law, Privacy Law, and National Security Law. He has lectured about cyber risk management at diverse venues including a panel discussion on Capitol Hill hosted by the Congressional Cybersecurity Caucus, the American Bar Association, NYU School of Law, the US Air Force Academy, and NATO Allied Command. He has taught extensively at civilian universities and law schools. He founded cyber risk management programs at civilian universities and law schools. He is Advisory Director at the Center for National Security and Human Rights Law in Chicago and Editorial Board Member at the Journal of Law and Cyber Warfare.