Cybersummit Session Day 2: Promoting Digital Transformation


2:50 - 3:25 pm - Promoting Digital Transformation Through Innovation In Legal Frameworks. Session Participants: Dan Sutherland - CISA, Susanna McDonald - Association of Corporate Counsel, Kemba Walden - Microsoft, Prof. Bobby Chesney - Univ. of Texas School of Law

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About The Speakers

Dan Sutherland, CISA

Speaker: Dan Sutherland, CISADaniel Sutherland is the Chief Counsel for CISA, the Cybersecurity and Infrastructure Security Agency. CISA is the nation’s risk advisor, working with partners to defend against today’s threats and collaborating to build more secure and resilient infrastructure for the future.

Mr. Sutherland’s office negotiates complex technology agreements, provides daily operational support to the largest cyber operations center in the civilian government, advocates the agency’s positions in litigation, drafts and negotiates legislation, and responds to audits and investigations.  Mr. Sutherland has been engaged in many major cyber incidents of the past several years, including the OPM data breach, threats to the nation’s election infrastructure, and risks posed by the Kaspersky Lab and the resulting litigation (909 F.3d 463 (2018)).  His office was integrally involved in the drafting and negotiation of the Cybersecurity Information Sharing Act of 2015, the Federal Acquisition Supply Chain Security Act of 2018, the National Cybersecurity Protection Act of 2014, and the Cybersecurity and Infrastructure Security Agency Act of 2018.  In 2018, Mr. Sutherland stood up the Department’s Countering Foreign Interference Task Force, seeking to respond to nation-states that use social and traditional media to sow discord among the American public.  He is active in bar association activities focused on building the legal profession’s proficiency in cybersecurity, such as with the American Bar Association, the Association of Corporate Counsels, and the Sedona Conference. Mr. Sutherland holds certifications in information privacy (CIPP-G) and incident response management.

Mr. Sutherland’s position builds on a career focused on issues at the intersection of civil liberties and national security.  In 2003, Mr. Sutherland was appointed by President Bush to serve as the first Officer for Civil Rights and Civil Liberties at the Department of Homeland Security, where he built a civil liberties office and advised Secretaries Ridge and Chertoff on a range of security issues. His speech on the need for the government to engage with American Arab and Muslim communities appeared in the publication Vital Speeches of the Day. Mr. Sutherland has also served in the Senior National Intelligence Service where he coordinated the government’s efforts to prevent violent extremism; Wired referred to him as “one of the government’s point people on stemming the appeal of al-Qaida.”

Mr. Sutherland started his federal career as an attorney with the U.S. Department of Justice, where for 14 years he litigated cases in courts across the country.  He is a graduate of the University of Louisville and University of Virginia School of Law.  You can reach Mr. Sutherland at: Daniel.Sutherland@cisa.dhs.gov.

Susanna McDonald, Association of Corporate Counsel

Speaker: Susanna McDonald, Association of Corporate CounselSusanna McDonald is vice president & chief legal officer of the Association of Corporate Counsel (ACC) in Washington, DC. ACC is the world’s largest legal association dedicated exclusively to serving the interests of in-house counsel. With an international membership of more than 45,000 in-house lawyers at more than 10,000 organizations in 85 countries, ACC serves as the “voice of the in-house bar” for corporate lawyers.

McDonald leads the ACC legal department responsible for all Office of the General Counsel (OGC) duties, including employment, compliance, and commercial matters. She also oversees the association’s advocacy efforts speaking out on behalf of the in-house bar, as well as legal resource development for members in 85 countries. McDonald also leads all of ACC’s IT infrastructure and web development projects.

McDonald has served as a member of the legal team at ACC for 10 years, most recently as deputy general counsel and associate vice president, technology governance and compliance. She recently provided counsel on mergers in Australia and Hong Kong, as ACC welcomed members of the former Australian Corporate Lawyers Association and former Hong Kong Corporate Counsel Association into the ACC membership base. She also advised on ACC chapter incorporation in the Middle East and Europe, taking into account laws of multiple jurisdictions. McDonald has also managed all matters of compliance and privacy for ACC, including issues specific to non-profits and membership organizations.

A cum laude graduate of Delaware Law School, McDonald is a member of the Delaware State Bar Association. Prior to joining ACC, McDonald worked as counsel and director of information for CMS, a technology company based in Delaware. Earlier in her career, she was a software developer for the insurance, banking, and petrochemical industries, where her contributions included developing a system for managing complex toxic tort litigation claims.

Kemba Walden, Microsoft

Speaker: Kemba Walden, MicrosoftKemba Eneas Walden is an Attorney in the Digital Security Unit at Microsoft and operates at the intersection of cybersecurity and critical infrastructure protection. Kemba primarily supports Microsoft’s Digital Diplomacy team, specifically focused on the law of election security. Prior to Microsoft, Kemba spent a decade in government service at the Department of Homeland Security. At DHS, Kemba held a number of attorney roles, most recently as an Attorney-Advisor for the newly created Cybersecurity and Infrastructure Security Agency (CISA) which is responsible for cybersecurity, telecommunications, and infrastructure resilience. Kemba negotiated complex data protection, information sharing, and risk mitigation agreements, supported CISA’s cybersecurity and risk management efforts in critical infrastructure sectors including the financial, energy, and election sectors, and provided daily legal support to the National Cybersecurity and Communications Integration Center (NCCIC). Upon her departure from DHS, her energy was spent as the primary cybersecurity legal advisor to the Elections Task Force (now known as the Elections Security Initiative).

In addition to her work at Microsoft, Kemba is a Lecturer at the University of California, Berkeley in the School of Information teaching a course entitled “Government, National Security and the Fifth Domain,” which is required for a Master of Information and Security (MICS).  Kemba also serves as an Adjunct Professor at Georgetown University in the School of Continuing Studies teaching a course entitled “Information Security Laws and Regulatory Policy,” a required course towards a Master in Cyber Risk Management.

Prior to CISA, Kemba was the primary legal advisor to the DHS representative to the Committee on Foreign Investment in the United States (CFIUS), and worked on constitutional issues in connection with border searches involving technology. Prior to joining DHS in 2009, Kemba practiced international trade law at the U.S. Department of Commerce and in private practice, and served as a law clerk to the Honorable Carl E. Stewart, Chief Judge of the U.S. Court of Appeals for the Fifth Circuit. Kemba graduated from Hampton University in Hampton, Virginia with a B.A. in Political Science, from Princeton University’s School of Public and International Affairs with a Master in Public Affairs, and from Georgetown University Law Center.

Prof. Bobby Chesney, Univ. of Texas School of Law

Speaker: Prof. Bobby Chesney, Univ. of Texas School of LawBobby Chesney is the James A. Baker III Chair in the Rule of Law and World Affairs at the University of Texas School of Law, where he also serves as the Law School's Associate Dean for Academic Affairs.  Separately, he serves the university as Director of the Robert Strauss Center for International Security & Law, which is a university-wide interdisciplinary unit that generates policy-relevant research, innovative courses, and high-impact public events. The Strauss Center focuses on an array of topics ranging from cybersecurity to the US-China relationship.

Professor Chesney previously served as an associate member of the Intelligence Science Board and the Advanced Technology Board (advisory bodies to the Office of the Director of National Intelligence), and on the President's Detention Policy Task Force (charged by executive order with developing long-term policies related to the disposition of persons captured in the context of counterterrorism or combat operations).

He is a co-founder (along with Ben Wittes and Jack Goldsmith) of Lawfare, the nation’s leading online source for analysis of national security legal issues. He also co-hosts (with Steve Vladeck) the popular weekly show The National Security Law Podcast. His scholarship, covering topics ranging from military detention to deep fakes, is available here

Professor Chesney is a magna cum laude graduate of Harvard Law School and Texas Christian University.  He clerked for the Honorable Lewis Kaplan of the United States District Court for the Southern District of New York and the Honorable Robert D. Sack of the United States Court of Appeals for the Second Circuit.