In the dynamic world of cybersecurity and technology law, Desiree Sainthrope stands as a beacon of expertise, possessing substantial experience with trade agreements and global compliance. Her insight into emerging technologies and cybersecurity threats shapes her unique understanding of legal matters. We delve into her perspectives on cybersecurity challenges, her role in reshaping legal approaches, and the intersection of law and technology.
Can you explain the significance of your new role as co-chair of the critical and emerging technologies practice at Jenner & Block?
Being co-chair allows me to influence the trajectory of our practice at a crucial time when technology is rapidly evolving. It includes navigating complex issues around emerging technologies and working with a variety of clients to ensure they’re prepared for current and future legal challenges. This role involves combining legal expertise with a forward-thinking approach to policy and compliance.
How has your experience at the U.S. National Security Council shaped your approach to cybersecurity?
My time at the National Security Council honed my ability to address cybersecurity from a strategic perspective, focusing on both national security and corporate vulnerability. Understanding the intersection of public policy and private sector needs was invaluable, and I bring that nuanced perspective to my work now, emphasizing a broad, preventive approach to cybersecurity.
What are some of the emerging threats in cybersecurity that organizations should be aware of?
Emerging threats continuously evolve, but currently, we see advancements in AI being used maliciously, such as deepfakes and AI-driven phishing attacks. Additionally, the increasing interconnectivity of devices, often referred to as the Internet of Things, presents new vulnerabilities as they can be exploited as entry points into broader networks.
In your opinion, how can organizations broaden their perspective on cybersecurity to better protect themselves?
Organizations should view cybersecurity not just as an IT issue but as a comprehensive risk management challenge. This involves cultivating a culture of awareness and integrating cybersecurity strategies into the core business functions. It’s about proactive measures, continuous education, and building resilient systems that can adapt to evolving threats.
What challenges do companies face in dealing with foreign competition and cybersecurity threats?
Companies must navigate varying cyber laws and regulations while dealing with sophisticated international threat actors. This requires a strategic approach to compliance and the development of global incident response strategies. There’s also the challenge of balancing innovation with security without losing competitive advantage.
How do you plan to integrate your experience from the NSC into your practice at Jenner & Block?
I plan to leverage my NSC experience by aligning our practice’s approach to encompass both the detailed policy considerations and the broad organizational strategies. This means helping clients anticipate policy changes and understand the implications of their technology use both domestically and internationally.
Can you discuss any key lessons learned during your tenure as deputy legal adviser at the NSC that you believe are applicable to the private sector?
One key lesson is the importance of inter-agency cooperation and how that can be mirrored in the private sector through strong partnerships. Collaborating across different disciplines and industries enhances resilience and preparedness. Additionally, always consider both immediate and long-term impacts when developing strategies.
Why do you believe it is important for firms to have a dedicated practice focused on critical and emerging technologies?
Emerging technologies present unique challenges and opportunities that require dedicated focus. A specialized practice helps firms stay at the forefront of legal developments, ensuring they can advise clients on how to leverage technology responsibly and innovatively while managing compliance and risk effectively.
How does your new role intersect with the existing cybersecurity and data privacy practice?
The intersection lies in addressing issues that overlap both areas, such as data protection in emerging tech landscapes and using new technologies to enhance cybersecurity measures. The goal is to provide holistic solutions that account for data privacy and security from both a legal and technological standpoint.
What advice would you give to organizations looking to strengthen their cybersecurity posture?
Organizations should invest in continuous education and awareness programs, not just for IT staff but across the entire workforce. It’s critical to adopt a layered security approach and regularly update and test response plans. Collaboration with external experts and law enforcement when necessary can also reinforce security measures.
What role do you see legal professionals playing in the evolving landscape of cybersecurity and technology?
Legal professionals are essential in shaping policy, ensuring compliance, and protecting intellectual property related to emerging technologies. They must also act as advisors on best practices for data protection and be involved in crafting strategies that anticipate future legislative changes.
How important is inter-organizational collaboration in dealing with cybersecurity and emerging technology issues?
Collaboration is crucial. Sharing threat intelligence, best practices, and developing joint defense strategies can significantly enhance an organization’s resilience. By working together, entities can create stronger defense networks and effectively combat threats that no single organization can handle alone.
Are there any particular events or situations that influenced your decision to return to Jenner & Block?
The rapid evolution of technology and the increasing complexity of associated legal issues were key drivers. Returning to Jenner & Block presented an opportunity to apply my experience to these challenges within a forward-thinking environment and help shape the firm’s approach to these critical issues.
How do you foresee the relationship between law and technology evolving in the next few years?
I foresee it becoming even more intertwined as technology continues to advance at a remarkable pace. Legal systems will need to adapt to new realities created by technology, ensuring laws keep up with innovations while protecting public interest. Lawyers will play pivotal roles in interpreting and applying laws to new technologies such as AI and blockchain.
