The CIA: Lawless Rogue or Regulated Business?
About the topic: The General Counsel takes on the persistent misconception that the Agency operates outside the law
About the Speaker: Stephen W. Preston is General Counsel of the Central Intelligence Agency. He was sworn in on July 1, 2009. By statute, the General Counsel is the chief legal officer of the Agency.
Mr. Preston was previously a partner at the law firm of Wilmer Cutler Pickering Hale and Dorr LLP in Washington, DC, where he was co-chair of the Defense and National Security Practice Group, as well as a member of the Regulatory and Litigation Departments. He joined the firm in 1986.
Between 1993 and 2000, Mr. Preston served as Principal Deputy and Acting General Counsel of the Department of Defense, and as General Counsel of the Department of the Navy.
A member of the District of Columbia Bar, Mr. Preston is a fellow of the American Bar Foundation and a member of the Council on Foreign Relations. He has been active with the American Bar Association Standing Committee on Law and National Security Advisory Committee and, prior to his appointment, served on the board of directors of the Center for Strategic and Budgetary Assessments.
Mr. Preston has received the Department of Defense Medal for Distinguished Public Service (with bronze palm in lieu of second award) and the Department of the Navy Distinguished Public Service Award. He is a two-time recipient of the Central Intelligence Agency’s Director’s Award.
Mr. Preston received a B.A. from Yale University and a J.D. from Harvard University.
Stanford Law School, Room 280B
Q&A: Stanford’s Cuéllar and US diplomat on human rights and the Internet
As the Internet evolves, people around the world have faster, easier ways to connect. Innovative plans and economic opportunities are being hatched online, but so are ideas that challenge governments. Voices of dissent are amplified by social media tools like Facebook, Twitter and YouTube, leaving some countries confused about how to balance free expression rights against perceived threats to national security and government stability.
Working with the Center for International Security and Cooperation at Stanford’s Freeman Spogli Institute for International Studies, Eileen Donahoe is trying to make government officials feel more comfortable with online technology. Donahoe, the U.S. ambassador to the United Nation’s Human Rights Council, recently brought about 35 diplomats from around the world to Stanford. The group met with academics, Internet developers and technology business leaders to address the questions posed by a free and open Internet.
“I know the technology feels mysterious and challenging,” says Donahoe, who was an affiliated scholar at CISAC before becoming an ambassador. “So part of what we tried to do was demystify it. But we also conveyed the message that you’re not going to control technological change. And you’d better get used to it. It’s part of our world.”
In the following interview, Donahoe and CISAC co-director Mariano-Florentino Cuéllar discuss the challenges and potential promised in the online frontier.
Why did you arrange this meeting of diplomats in Silicon Valley?
Donahoe: Some ambassadors who are otherwise very committed to human rights have started to feel that the protections for freedom of expression and freedom of assembly could be weakened or lessened when you bring technology into the mix. There was a sense that governments could legitimately squelch free speech and free assembly when it happened in the online world. That’s a problem because so much of what happens today happens online. The Internet is now so central to the ability to speak freely. It was our responsibility to call them out and make them understand that technology should not change the equation in the protection of human rights.
How has the Internet changed the way we need to think about human rights and free expression?
Donahoe: In some ways, it hasn’t changed anything – free speech is free speech. But new technology has created new media, and that’s all changing at an exponential pace. People are being required to adjust in timeframes that were unimaginable before, and governments can’t keep up. Individuals can hardly keep up. It’s the pace and innovation that’s challenging. But there’s no change in our responsibility to protect the longstanding values of free expression.
What does a free and open Internet have to do with global security?
Cuéllar: Some governments lack a commitment to basic rights and the rule of law. Technology can help people respond by raising their voices. They can organize and respond when their own government threatens citizens’ security. Cyber technologies can also empower law enforcement officials, intelligence agencies and armed forces, raising fundamental questions about the role of government and the nature of conflict in the years to come. The Internet is an evolving technology that reflects vulnerability and enormous potential. Societies depend on government and private sector systems that face a variety of threats. For all these reasons, the future of cyberspace is an important security issue at the very center of our agenda at CISAC.
Why do some governments feel threatened by the Internet?
Donahoe: It comes from the volume of voices you can have online. It comes from the pace of change. And there’s another aspect to online technology that’s intriguing: It is inherently democratizing. Citizens are becoming journalists. Anyone with a cell phone can broadcast live to the planet anything they’re observing. That can be threatening, but I believe it’s ultimately going to be a very positive force for transparency and government accountability.
How do you convince governments worried about those threats that open Internet access is ultimately in their best interest?
Cuéllar: If the leaders of a state see it merely as a vehicle for control and stability, then much of the technology we have been discussing will appear profoundly threatening. States seeking to build or maintain lasting institutions capable of meeting the needs of their citizens will tend to take a different approach, focused on the value of the public’s feedback and participation in governance.
Donahoe: A compelling point – especially for developing countries that may not otherwise place emphasis on the benefits to freedom from technology – is the recognition that there’s an economic upside to a free and open Internet. It can be framed as a development issue. Many government leaders can see that the future of all our economies is so intricately connected to this technology that if they try to squelch or shut down Internet development for political reasons, there will be dramatically negative effects for their economies. And that will lead to political problems. The economic value isn’t my primary human rights emphasis, but it helps to remind governments they run the risk of shutting themselves out of economic development if they don’t get comfortable with the technology.
What role, if any, should governments play in regulating the Internet?
Donahoe: Governments do need to play a role in regulation, just as they do in the offline world. But just because technology is brought into the equation doesn’t mean governments and regulators should be free to regulate too broadly or without concern for the costs to freedom. Just like in the offline world, regulation must be narrowly tailored and serve important government interests. Part of the challenge comes from the sense that governments can’t keep up with the technological advances. So they’re inclined to regulate more – and more bluntly – rather than in a more tailored way. This is where governments need to get more sophisticated about how to adjust to technological change.
What do policymakers need to know and understand before passing regulations?
Cuéllar: The future of cyberspace implicates security, economic development and the protection of civil and political rights – and all of these challenges are deeply interrelated. A country's decision to restrict certain forms of Internet traffic can discourage economic innovation. Internet access in poor communities can lead to new economic opportunities, changing the larger context in which governance and security problems arise. It is crucial to recognize these connections as societies think through the future of cyberspace.
The Political Economy of Syria and the Uprising
CISAC Conference Room
Bassam Haddad
George Mason University
Fairfax, VA 22030-4444
Bassam Haddad is Director of the Middle East Studies Program at George-Mason University and teaches in the Department of Public and International Affairs at George Mason University, and is Visiting Professor at Georgetown University. He serves as Founding Editor of the Arab Studies Journal, a peer-reviewed research publication and is co-producer/director of the award-winning documentary film, About Baghdad, and director of a critically acclaimed film series on Arabs and Terrorism, based on extensive field research/interviews.
He is the author of The Political Economy of Regime Security: State-Business Networks in Syria (Forthcoming, 2011, Stanford University Press). Bassam recently directed a film on Arab/Muslim immigrants in Europe, titled The "Other" Threat. He also serves on the Editorial Committee of Middle East Report and is Co-Founder of Jadaliyya Ezine.
Joseph L. C. Cheng
Walter H. Shorenstein
Asia-Pacific Research Center
616 Serra St., Encina Hall C302-23
Stanford University
Stanford, CA 94305-6055
Research Interests
Asia-Pacific and global competitiveness; national innovation and technology policies; foreign R&D investment; strategy and organization design for transnational firms.
Professional Biography
Joseph L. C. Cheng joins the Walter H. Shorenstein Asia-Pacific Research Center (Shorenstein APARC) in 2012 from the University of Illinois at Urbana-Champaign where he is currently professor of international business and director of the CIC Center for Advanced Study in International Competitiveness. CIC (Committee on Institutional Cooperation) is the nation’s primer consortium of top-tier research universities in the Midwest, including the Big Ten Conference members and the University of Chicago.
During his time at Shorenstein APARC, Cheng will conduct research on the international competitiveness of multinational firms from the Asia-Pacific, with a focus on the JACKS countries (Japan, Australia, China, Korea, and Singapore). The project has two main objectives: (1) to identify the key competitive advantages of the JACKS countries both individually and collectively as a cluster of economies; and (2) to investigate how indigenous firms from the JACKS countries internationalize and leverage home-based advantages to enhance their competitiveness overseas. The research findings will be reported in a forthcoming book that Cheng is currently writing: Asia-Pacific and the JACKS Multinationals: Economics, Culture, and International Competitiveness.
Cheng is a consulting editor for the Journal of International Business Studies and senior editorial consultant to the European Journal of International Management. He is also a guest editor for an upcoming special issue of Long Range Planning on “China Business and International Competitiveness: Economics, Politics, and Technology.” Additionally, he currently serves or has served on the editorial boards of several other journals, including Management International Review, Journal of World Business, Organizational Dynamics, and Journal of Engineering and Technology Management.
Cheng holds a PhD in business administration from the University of Michigan and a BS (with honors) in industrial engineering from the University of Wisconsin-Madison.
Corporate Affiliates alumnus' research in China's energy sector
China possesses vast coal reserves, and coal accounts for 70 percent of the country’s total energy consumption—3 billion tons per year. But China also consumes oil, natural gas, and an increasing amount of renewable energy.
Xuteng Hu, a Corporate Affiliates Visiting Fellow Program alumnus (2007–08), manages energy and materials development projects at PetroChina’s Petrochemical Research Institute in Beijing, where he serves as vice president.
Hu received his master’s and doctorate degrees in chemical engineering from Tsinghua University.
PetroChina, one of China’s largest energy companies, has recently developed its own biojet fuel. The company is also researching other renewable energy technologies, including biofuel made from plant fiber.
During his year at Stanford University, Hu conducted research on the governance of China’s state-owned enterprises, focusing on energy companies like PetroChina, Sinopec, and China National Offshore Oil Corporation. He also studied strategies for the development and promotion of different forms of energy, ranging from coal to chemicals and oil to natural gas. Jean C. Oi, a political science professor and director of the Stanford China Program, served as Hu’s research advisor.
Since returning to China three years ago, Hu has managed the research and development of synthetic petroleum-based materials, and the construction of major pilot petrochemical plants. Perhaps most exciting of all, the biojet fuel project he led conducted a successful demonstration flight in October.
Of his time at Stanford, Hu says: “My experiences helped me think about corporate governance structure, energy development, and other issues related closely to my work from different perspectives, such as culture and society. It also enhanced my understanding of cultural and business exchanges between China and the West.”
Cybersecurity talk draws business and political leaders to Stanford CISAC
Computers and the networks that connect them are powerful storehouses of information. They're also vulnerable to sabotage, and the data they handle can be stolen, altered or erased. President Obama has called cyberattacks "one of the most serious economic and national security threats our nation faces."
To help tackle the problem, researchers at Stanford’s Center for International Security and Cooperation are exploring issues in cybersecurity and keeping a close eye on the policy discussions. Earlier this month, CISAC brought together a group of lawmakers and industry leaders from Silicon Valley to discuss new efforts to prevent cyberespionage and related crimes.
Rep. Mike Rogers (R-Mich.) talked about a bill he’s introduced to safeguard technology. "The intelligence community believes strongly that it's just a matter of time before we have a catastrophic cyberattack," said Rogers, chairman of the House Permanent Select Committee on Intelligence. "We have admired this problem for a very long time and it's time to do something."
Among the other speakers were Rep. Anna Eshoo (D-Calif.), Intel Chief Executive Officer Paul Otellini, and security experts from Google, Cisco Systems and Oracle.
After the invitation-only event, CISAC's Mariano-Florentino Cuéllar, Otellini and Rogers discussed the future of the Internet, the scope of the cyberthreat and government's role in defending against it. Excerpts:
There are core questions about where the world is going
"Cybersecurity problems are real and they’re immediate. And the threats are probably growing and the problems we face require solutions. But it’s just as important to think about where we’re going to be 20 to 30 years from now as it is to deal with the immediate problems. That’s because the choices we make about how to secure cyberspace are going to be choices about what your identity will be online, what powers government will have, what nation states will be able to do to each other, what companies will be able to do when they deal with cyberthreats, how aggressively they will be able to respond on their own -- those are essentially choices about the architecture of the world. So it's useful for us to understand as scholars and as people engaged in policy, that choices about cybersecurity are not just technical. They’re really core questions about where is the world going."
-- Mariano-Florentino Cuéllar, co-director, Center for International Security and Cooperation
Preventing electronic pickpockets
"On the commercial side it's no secret that there's industrial espionage going on through cyberhacking. There are also rogue groups that are not nation states, but people who just want to steal your identity. So the ability to see those attacks coming, to see those profiles coming, and to be able to improve the quality of the computer network and the phone networks and the phones themselves will also allow us to protect our own intellectual property as companies, and protect the identity and potentially the financial assets of our collective customers. When your cell phone is your wallet -- as it will be in the not-too-distant future -- all of a sudden that's like having an electronic pickpocket. An attack is going to compromise everything you have. Beyond that, many large technology firms feel that as good corporate citizens and as good local citizens, we have a responsibility to try and make sure the world's computer networks are not disrupted. If computers aren’t trusted, we don't have much of a business. We are commercially incentivized to make all this stuff so much better."
-- Paul Otellini, chief executive officer, Intel.
We can be a partner with industry
"Individually, a company gets hacked for espionage purposes -- that's a criminal event. Collectively, it becomes a national security issue because of the sheer volume of intellectual property that would be compromised. You also have the other level: a disruptive cyberattack that shuts down certain capabilities, whether it's financial, in the energy sector or otherwise. We've fought this fight with dot-gov and dot-mil for quite a long time. Dot-com has, too, but they've been a bit on their own. This proposal has the government weighing in and saying, 'Hey, maybe we can be a partner.'"
-- Mike Rogers, chairman of the House Permanent Select Committee on Intelligence.
Combating Cyber Insecurity Around the Globe
Christopher Painter has been on the vanguard of cyber issues for twenty years. Most recently, Mr. Painter served in the White House as Senior Director for Cybersecurity Policy in the National Security Staff. During his two years at the White House, Mr. Painter was a senior member of the team that conducted the President's Cyberspace Policy Review and subsequently served as Acting Cybersecurity Coordinator. He coordinated the development of a forthcoming international strategy for cyberspace and chaired high-level interagency groups devoted to international and other cyber issues.
Mr. Painter began his federal career as an Assistant U.S. Attorney in Los Angeles where he led some of the most high profile and significant cybercrime prosecutions in the country, including the prosecution of notorious computer hacker Kevin Mitnick. He subsequently helped lead the case and policy efforts of the Computer Crime and Intellectual Property Section in the U.S. Department of Justice and served, for a short time, as Deputy Assistant Director of the F.B.I.'s Cyber Division. For over ten years, Mr. Painter has been a leader in international cyber issues. He has represented the United States in numerous international fora, including Chairing the cutting edge G8 High Tech Crime Subgroup since 2002. He has worked with dozens of foreign governments in bi-lateral meetings and has been a frequent spokesperson and presenter on cyber issues around the globe. He is a graduate of Stanford Law School and Cornell University.
Sloan Mathematics Center