Ahmed Ghappour
 | It has been suggested that this article be merged into Ahmed Ghappour. (Discuss) Proposed since October 2021. |
Ahmed Ghappour (born May 5, 1980), is a professor of criminal law and computer security at the Boston University School of Law.[1] He is credited with innovative research which addresses challenges wrought by new technologies in the administration of criminal justice and national security.[2]
Career
Ghappour's research and teaching interests stem from his experience litigating complex computer crime and national security cases. He was previously a Visiting Assistant Professor at U.C. Hastings College of Law where he taught Criminal Procedure and a seminar on Electronic Surveillance. At U.C. Hastings, he also founded the school's Liberty, Security & Technology Clinic, which provided legal services to criminal defendants in espionage and computer crime cases. Prior to UC-Hastings, he taught the National Security Clinic at the University of Texas School of Law, represented Guantanamo detainees in their habeas corpus proceedings at Reprieve UK, and worked as a patent litigator at Orrick Herrington and Sutcliffe LLP.[3]
Formerly, Ghappour was a computer engineer focused on automation, diagnostics, distributed systems architecture and high performance computing.[3]
Early life and education
From 1997 to 2001, Ghappour attended Rutgers the State University of New Jersey New Brunswick Campus, where he majored in Computer Engineering. [3] While in college, he worked as a Design Automation Engineer for Anadigics, a worldwide provider of semiconductor solutions to the broadband wireless and wireline communications markets.
Upon graduation, he became a Diagnostic Engineer at Silicon Graphics,[3] an American manufacturer of high-performance computing solutions, including computer hardware and software. At SGI, he worked on the Altix 3000, the world's most scalable Linux-based supercomputer at the time of its release.[4]
From 2004 to 2007, Ghappour attended New York University School of Law as a Dean's Merit Scholar.[3] He started his law career as patent litigation attorney at the international law firm Orrick, Herrington & Sutcliffe.[5]
Select Cases
United States v. Brown (N.D. Tx.) – Ghappour was lead counsel for Barrett Brown on an assortment of 17 charges filed in three indictments that include sharing an http link to information publicly released during the 2012 Stratfor email leak, and several counts of conspiring to publicize restricted information about an FBI agent.[6][7][8] Ghappour filed several motions to dismiss the government's charges.[9][10] The government responded by dismissing 11 charges on March 5, 2014.[11][12][13]
United States v. Moalin, et al. (S.D. Ca.) – Ghappour was lead trial counsel for Issa Doreh, a Somali American charged with conspiracy to provide material support to terrorism for sending approximately $8,500 to al-Shabaab.[5] The case attracted notoriety as the first criminal case to challenge bulk metadata collection (under Section 215 of the PATRIOT ACT),[5] after Global surveillance disclosures by Edward Snowden.[14]
Guantánamo detainees
In 2008 Ghappour joined Reprieve, a British non-profit, as staff attorney. Ghappour volunteered his services to detainees held as enemy combatants at Guantanamo Bay; he has assisted in filing habeas corpus petitions and lawsuits on behalf of detainees. His clients have included Binyam Mohammed, Mohammed el Gharani,[15] Adel al-Gazzar and Hisham Sliti. In 2009, Ghappour along with Reprieve founder Clive Stafford Smith faced the possibility of being found in contempt of court because of a letter they sent to President Barack Obama explaining allegations of torture by US agents of their mutual client Binyam Mohamed.[16]
Scholarship
Accessing the dark web requires the use of browsers, like Tor, to send and accept requests to download particular content through a chain of multiple computers within a network.[17]:1098 These browsers mask the IP address of the original sender and the ultimate receiver, so the internet service provider can only observe that a request for access was sent to the initial proxy computer, without being able to access the decrypted content.[17]:1098[18]:68
Ghappour has written extensively on the complexity of cyberoperations conducted by law enforcement officers attempting to circumnavigate the complications posed by the use of the dark web and other anonymity tools by malicious actors.[19]:593 Law enforcement and intelligence agencies across the world regularly employ Network Investigative Technique ("NIT") to identify individuals on the dark web by exploiting vulnerabilities in the system.[20]:53 NIT operations can either target specific individuals ("spear phishing") or target all individuals that access a specific network ("water holing").[21]:191 In the United States of America, the 2016 amendment to Rule 41 of the Federal Rules of Criminal Procedure allows federal courts to authorize law enforcement to employ computer hacking techniques during cybercrime investigations through the issuance of remote access warrants.[22]:188 Following the passage of this amendment, federal judges have even permitted the use of NITs and other types of hacking procedures extending outside of the United States of America.[20]:53 As NITs are not limited to the geographical area of the judge granting the warrant, jurisdictional issues arise.[20]:53
Ghappour has heavily discussed the complexity of jurisdiction issues that arise when law enforcement and intelligence agencies conduct cyberoperations.[19]:593 Specifically, Ghappour has questioned the legality, ethics, and constitutionality of Rule 41 of the Federal Rules of Criminal Procedure.[23]:106 Ghappour raised concerns that law enforcement's attempts to resolve issues related to foreign state-directed cyber attacks employed through the dark web "may well be the greatest extraterritorial expansion of enforcement jurisdiction in U.S. law enforcement history."[24]:93 Specifically, Ghappour warned about the "unilateral exercise of law enforcement functions in the territory of another state," as there currently does not exist sufficient legal protections regarding cross-border searches of computer systems.[25]:69,76 Notably, to address conflicts between domestic and international jurisdiction following the passage of the 2016 amendments of the Rule 41, Ghappour has proposed the use of an "executive agency implementation scheme regulating government hacking."[22]:188
Depending on the nature of law enforcement hacking operations, complicated issues regarding domestic and international law can arise, especially in relation to "international relation and enforcement capacity."[19]:593 Ghappour emphasizes that these issues must be resolved, especially because the increasing use of interconnected devices, such as traffic lights or house lights that increasingly process data using algorithmic decision-making, provide new opportunities for hacking to result in physical consequences.[26]:778 However, Ghappour's concerns regarding the constitutionality of law enforcement hacking operations have not been without challenges.[25]:69 Professors Orin Kerr and Sean Murphy challenged Ghappour by attempting to provide a "'plausible' interpretation of contemporary customary international law" that would permit the use of NITs to determine which country to approach for consent prior to further investigation.[25]:69 Critics of Ghappour's concerns regarding the potential use of NITs and other types of hacking procedures to interfere with international rights have argued that international parties also have an interest in addressing criminal activity on the dark web; therefore, international law enforcement agencies would potentially appreciate third-party assistance in apprehending malicious actors.[20]:75
References
- ↑ "Ahmed Ghappour | School of Law". www.bu.edu. Retrieved 2017-08-24.
- ↑ "Author Page for Ahmed Ghappour :: SSRN". papers.ssrn.com. Retrieved 2017-08-24.
- ↑ 3.0 3.1 3.2 3.3 3.4 Maria Zilberman (2014-05-16). "The Recorder: Law Students Get Schooled in Mass Surveillance". The Recorder. Retrieved 2014-07-22.
- ↑ Scaling Linux to New Heights: the SGI Altix 3000 System Linux Journal, January 2003
- ↑ 5.0 5.1 5.2 [1]
- ↑ David Carr (2013-09-09). "A Journalist-Agitator Facing Prison Over a Link". The New York Times. Retrieved 2013-12-19.
- ↑ Peter Ludlow (2013-06-18). "The Strange Case of Barrett Brown". The Nation. Retrieved 2013-12-19.
- ↑ Kristin Bergman (2013-08-06). "Adding up to 105: The Charges Against Barrett Brown". Digital Media Law Project. Retrieved 2013-12-13.
- ↑ Motion to Dismiss 03-CR-413 (March 3, 2014)
- ↑ Ed Pilkington, Attorneys for Barrett Brown want case on linking to hacked material dismissed, GUARDIAN (March 4, 2014). [2]
- ↑ Government's Motion to Dismiss Counts in 03-CR-413 (March 5, 2013)
- ↑ Ed Pilkington, US government moves to drop key charges against Barrett Brown, GUARDIAN (March 5, 2014). [3]
- ↑ Kevin Krause, Government moves to dismiss bulk of case against Dallas hacktivist, Dallas Morning News (March 5, 2014) [4]
- ↑ Defendant's Joint Motion for a New Trial
- ↑ Andy Worthington, Guantánamo’s Youngest Prisoner, Mohammed El-Gharani, Is Imprisoned In Chad, (June 18, 2009)[5]
- ↑ Torture case lawyers may face jail for letter
- ↑ 17.0 17.1 Stewart, Katharine (September 2018). "The Fourth Amendment, Dark Web Drug Dealers, and the Opioid Crisis" (PDF). Florida Law Review. 70: 1098.
- ↑ Manpearl, Eric (2020-05-22). "Adapting U.S. Electronic Surveillance Laws, Policies, and Practices to Reflect Impending Technological Developments". Catholic University Law Review. 69 (1): 53–123.
- ↑ 19.0 19.1 19.2 Efrony, Dan; Shany, Yuval (October 2018). "A Rule Book on the Shelf? Tallinn Manual 2.0 on Cyberoperations and Subsequent State Practice". American Journal of International Law. 112 (4): 583–657. doi:10.1017/ajil.2018.86. ISSN 0002-9300.
- ↑ 20.0 20.1 20.2 20.3 Schein, David D; Trautman, Lawrence J. (2018). "The Dark Web and Employer Liability". SSRN Electronic Journal. doi:10.2139/ssrn.3251479. ISSN 1556-5068.
- ↑ Chen, Christine W. (2018-01-20). "The Graymail Problem Anew in a World Going Dark: Balancing the Interests of the Government and Defendants in Prosecutions Using Network Investigative Techniques (NITs)". Science and Technology Law Review. 19 (1). doi:10.7916/stlr.v19i1.4758. ISSN 1938-0976.
- ↑ 22.0 22.1 Benton, Diana (2018-01-01). "Seeking Warrants for Unknown Locations: The Mismatch Between Digital Pegs and Territorial Holes". Emory Law Journal. 68 (1): 183. ISSN 0094-4076.
- ↑ Beale, Sara Sun; Berris, Peter (2018), "Hacking the Internet of Things: Vulnerabilities, Dangers, and Legal Responses", Digitization and the Law, Nomos Verlagsgesellschaft mbH & Co. KG, pp. 21–40, ISBN 978-3-8452-8930-4, retrieved 2020-09-13
- ↑ Parrish, Austen (2019-11-01). "Foreign Nations, Constitutional Rights, and International Law". Rochester, NY.
- ↑ 25.0 25.1 25.2 Douglass, John (2017-12-04). "The Legality of Watering-Hole-Based NITs Under International Law". Georgetown Law Technology Review. Retrieved 2020-09-13. Unknown parameter
|url-status=ignored (help) - ↑ Nichols, Philip M. (2019-11-21). "Bribing the Machine: Protecting the Integrity of Algorithms as the Revolution Begins". American Business Law Journal. 56 (4): 771–814. doi:10.1111/ablj.12151. ISSN 0002-7766.
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