The Lawfare Podcast: Kellen Dwyer on the Fallout From the Conviction of Uber's Former Chief Security Officer

Jen Patja, Stephanie Pell, Kellen Dwyer
Thursday, October 20, 2022, 12:00 PM

Published by The Lawfare Institute
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Joe Sullivan, Uber's former chief security officer and a former federal prosecutor, was found guilty of obstruction of justice and misprision of a felony. These charges arose from what the Department of Justice characterized as Sullivan's attempted coverup of a 2016 hack of Uber. The Sullivan case has created some consternation in the cybersecurity community. Kellen Dwyer, partner at the law firm of Alston & Bird, argues in a recent Lawfare piece that the Sullivan prosecution threatens to undermine the positive working relationship between DOJ and the tech sector.

Lawfare senior editor Stephanie Pell sat down with Kellen to talk about the Sullivan case. They discussed the specific charges for which Sullivan was convicted, how those charges blur the lines between covering up a data incident and merely declining to report it, and how in order to facilitate timely reporting of serious cybersecurity incidents to the FBI, the DOJ should clarify certain aspects of its charging policy to address concerns raised by the Sullivan case.

Jen Patja is the editor and producer of the Lawfare Podcast and Rational Security. She currently serves as the Co-Executive Director of Virginia Civics, a nonprofit organization that empowers the next generation of leaders in Virginia by promoting constitutional literacy, critical thinking, and civic engagement. She is the former Deputy Director of the Robert H. Smith Center for the Constitution at James Madison's Montpelier and has been a freelance editor for over 20 years.
Stephanie Pell is a Fellow in Governance Studies at the Brookings Institution and a Senior Editor at Lawfare. Prior to joining Brookings, she was an Associate Professor and Cyber Ethics Fellow at West Point’s Army Cyber Institute, with a joint appointment to the Department of English and Philosophy. Prior to joining West Point’s faculty, Stephanie served as a Majority Counsel to the House Judiciary Committee. She was also a federal prosecutor for over fourteen years, working as a Senior Counsel to the Deputy Attorney General, as a Counsel to the Assistant Attorney General of the National Security Division, and as an Assistant U.S. Attorney in the U.S. Attorney’s Office for the Southern District of Florida.
Kellen Dwyer is a partner at Alston & Bird and co-chair of the firm’s National Security & Digital Crimes Team. He served in the Justice Department for seven years, first as an Assistant U.S. Attorney in the Eastern District of Virginia, where he prosecuted computer hacking and national security cases, then as a Deputy Assistant Attorney General in the National Security Division, where he was in charge of the legal policy and appellate sections.

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