James X. Dempsey
Jim Dempsey is senior policy advisor to the Stanford Program on Geopolitics, Technology and Governance and a lecturer at the UC Berkeley School of Law, where he teaches a course on cybersecurity law in the LLM program. Until May 2021, Jim was Executive Director of the Berkeley Center for Law & Technology. In 2012, after Senate confirmation, he was appointed by President Barack Obama as a part-time member of the U.S. Privacy and Civil Liberties Oversight Board, an independent agency within the federal government charged with advising senior policymakers and overseeing the nation’s counterterrorism programs. He served in that position until January 2017, while also running BCLT.
From 1997 to 2014, Dempsey was at the Center for Democracy & Technology (CDT), a non-profit public policy organization focused on privacy and other issues affecting the internet, where he held a number of leadership positions. Prior to that he was deputy director of the Center for National Security Studies (1995-1997) and assistant counsel to the House Judiciary Committee (1985-1995), focusing on privacy, FBI oversight, and surveillance issues.
Jim graduated from Yale College and Harvard Law School.
- Cybersecurity Law Fundamentals (IAPP, forthcoming 2021)
- Bulk Collection: Systematic Government Access to Private-Sector Data (ed., with Fred H. Cate) (Oxford, 2017)
- Terrorism and the Constitution (with David Cole) (New Press, 2006)
ARTICLES AND PAPERS
- Breaking the Privacy Gridlock: A Broader Look at Remedies (April, 2021) (with Chris Jay Hoofnagle, Ira S. Rubinstein, and Katherine J. Strandburg)
- Cybersecurity Information Sharing Governance Structures: An Ecosystem of Diversity, Trust, and Tradeoffs (with Elaine M. Sedenberg), in Rewired: Cybersecurity Governance (2018)
- The Path to ECPA Reform and the Implications of United States v. Jones, Univ. of San Francisco L. Rev. (2012)
- Privacy as an Enabler, Not an Impediment: Building Trust into Health Information Exchange, Vol, 28, no. 2, Health Affairs (2009) (with Deven McGraw, Leslie Harris and Janlori Goldman)
- Mitigating Big Data’s Unintended Consequences, Luohan on Air Podcast (September 4, 2021)
- Regulatory Alchemy: Turning Cybersecurity Guidelines Into Rules, Lawfare Blog (June 1, 2021)
- A Broader Look at Privacy Remedies, Lawfare Blog (April 7, 2021)
- The New IOT Security Act Shows the Limits of Congressional Policymaking for Cybersecurity, Lawfare Blog (December 22, 2020)
- The Strategic Vision Behind the TikTok, WeChat Bans, Lawfare Blog (August 11, 2020)
- Bans on Foreign Equipment in U.S. Critical Infrastructure, Lawfare Blog (May 19, 2020)
- Why the Fifth Circuit HIPAA case doesn’t mean ‘game over’ for HHS data security enforcement, IAPP blog (Mar. 31, 2021)
- Section 702 Renewal: Opportunities Lost and Gained, American Constitution Society blog (Jan. 28, 2018)