olc opinions on cybersecurity measures

* OLC opinions regarding certain cybersecurity measures

Just posted to OLC’s website, these will be of interest to those interested in the intersection of law, privacy, technology, and security.  If that topic interests you, by the way, please note that it is the theme of this year’s Texas Law Review symposium (with the security aspect defined broadly to include intelligence collection, sharing, storage, and analysis, as well as cybersecurity and network operations).  That event will take place in Austin from February 4-6, 2010.  More info on that to follow in the near future.  For now, here are the two OLC opinions:

LEGALITY OF INTRUSION-DETECTION SYSTEM TO PROTECT UNCLASSIFIED COMPUTER NETWORKS IN THE EXECUTIVE BRANCH
(August 14, 2009) (added 09/18/09)

LEGAL ISSUES RELATING TO THE TESTING, USE, AND DEPLOYMENT OF AN INTRUSION-DETECTION SYSTEM (EINSTEIN 2.0) TO PROTECT UNCLASSIFIED COMPUTER NETWORKS IN THE EXECUTIVE BRANCH
(January 9, 2009) (added 09/18/09)

By Robert M. Chesney

Robert M. Chesney is Charles I. Francis Professor in Law at UT-Austin School of Law. Chesney is a national security law specialist, with a particular interest in problems associated with terrorism. Professor Chesney recently served in the Justice Department in connection with the Detainee Policy Task Force created by Executive Order 13493. He is a member of the Advisory Committee of the American Bar Association's Standing Committee on Law and National Security, a senior editor for the Journal of National Security Law & Policy, an associate member of the Intelligence Science Board, a non-resident senior fellow of the Brookings Institution, a term member of the Council on Foreign Relations, and a member of the American Law Institute. Professor Chesney has published extensively on topics ranging from detention and prosecution in the counterterrorism context to the states secrets privilege. He served previously as chair of the Section on National Security Law of the Association of American Law Schools and as editor of the National Security Law Report (published by the American Bar Association's Standing Committee on Law and National Security). His upcoming projects include two books under contract with Oxford University Press, one concerning the evolution of detention law and policy and the other examining the judicial role in national security affairs.

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