Project and content management for Contemporary Authors volumes
WORK TITLE: Exploding Data
WORK NOTES:
PSEUDONYM(S):
BIRTHDATE: 11/28/1953
WEBSITE:
CITY:
STATE:
COUNTRY:
NATIONALITY: American
United States Secretary of Homeland Security (2005–2009)
RESEARCHER NOTES:
PERSONAL
Born November 28, 1953, in Elizabeth, NJ; son of Rabbi Gershon Baruch and Livia Chertoff.
EDUCATION:Harvard University, B.A., 1975, J.D. (magna cum laude), 1978.
ADDRESS
CAREER
Author, lawyer, judge, and public servant. Law clerk to Judge Murray Gurfein, United States Court of Appeals, Second Circuit, and United States Supreme Court Justice William J. Brennan, Jr., 1979-80; attorney, Latham & Watkins, New York, NY, 1980-83, Newark, NJ, 1990s; prosecutor, Office of the United States Attorney for the Southern District of New York, 1983-90; attorney, United States Attorney for the District of New Jersey, 1990-94; assistant attorney general, United States Assistant Attorney General, Criminal Division, 2001–03; Judge of the United States Court of Appeals, Third Circuit, 2003-05; secretary, United States Department of Homeland Security, 2005-09; senior of counsel, Covington & Burling, Washington, DC, beginning 2009. Co-founder, Chertoff Group, 2012–.
WRITINGS
SIDELIGHTS
Michael Chertoff is best known for his role in the George W. Bush administration as Secretary of Homeland Security, following Tom Ridge, the first person to occupy the office. However, Chertoff had already had a long career in public service. He had been the legal counsel to the Senate committee that investigated then-President Bill Clinton’s Whitewater investments in the 1990s. In 2001 he was named assistant attorney generate to the Criminal Division of the Department of Justice, and in 2003 he was appointed by President Bush as a judge in the Third Circuit Court of Appeals. Chertoff wrote about his time as Secretary of Homeland Security and about the continuing crises that plague the United States in the twenty-first century in two books: Homeland Security: Assessing the First Five Years and Exploding Data: Reclaiming Our Cyber Security in the Digital Age.
While Homeland Security reviews the accomplishments of the agency’s efforts to identify and control terrorism on American soil, Chertoff’s Exploding Data looks at new, high-tech threats to the United States and to its citizens. The lack of clear standards for data security, both domestically and internationally, Chertoff states, pose a clear threat to American citizens. “With such rapid technological innovations reshaping our exponentially evolving digitally data-driven cyberspace, and with governments and various private sectors able to exploit such data to potentially ‘predict and regulate our behavior,'” stated Joshua Sinai in the Washington Times, “the author then turns his discussion to how, in this digital environment, new laws can be formulated to empower citizens to ‘control [their] data, even when hiding it or privately maintaining it becomes technologically impossible.’ Mr. Chertoff also argues that the new legal regime should address the need for Internet service providers to be responsible for policing [Internet] … security.”
Part of the problem, Chertoff suggests, is that citizens do not take data security seriously. “We share our information freely despite the consequences,” noted a Kirkus Reviews contributor, “we depend on smartphones that track us everywhere and lack adequate safeguards, and we invite devices into our homes to monitor our preferences and activities.” At the same time it remains unclear where lines should be drawn between the protection of citizen’s privacy through regulation and the right of companies to collect data and expand their businesses. Exploding Data, wrote a Publishers Weekly reviewer, “works as both a Big Data primer and a clear-sighted road map for legislative changes from a previous high-profile proponent of government surveillance.”
BIOCRIT
PERIODICALS
Kirkus Reviews, May 15, 2018, review of Exploding Data: Reclaiming Our Cyber Security in the Digital Age.
Publishers Weekly, May 14, 2018, review of Exploding Data, p. 46.
Washington Times, July 9, 2018, Joshua Sinai, review of Exploding Data.
ONLINE
Chertoff Group, https://www.chertoffgroup.com/ (October 17, 2018), author profile.
Michael Chertoff
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Michael Chertoff
Michael Chertoff, official DHS photo portrait, 2007.jpg
2nd United States Secretary of Homeland Security
In office
February 15, 2005 – January 21, 2009
President George W. Bush
Barack Obama
Preceded by Tom Ridge
Succeeded by Janet Napolitano
Judge of the United States Court of Appeals for the Third Circuit
In office
June 10, 2003 – February 15, 2005
Appointed by George W. Bush
Preceded by Morton Ira Greenberg
Succeeded by Michael Chagares
United States Assistant Attorney General for the Criminal Division
In office
2001–2003
President George W. Bush
Preceded by James Robinson
Succeeded by Christopher Wray
United States Attorney for the District of New Jersey
In office
1990–1994
President George H. W. Bush
Bill Clinton
Preceded by Samuel Alito
Succeeded by Faith S. Hochberg
Personal details
Born November 28, 1953 (age 64)
Elizabeth, New Jersey, U.S.
Political party Republican
Spouse(s) Meryl Justin (1988–present)
Children 2
Education Harvard University (BA, JD)
Michael Chertoff (born November 28, 1953) is an American attorney who was the second United States Secretary of Homeland Security, serving under President George W. Bush. He was the co-author of the USA PATRIOT Act. He previously served as a United States Circuit Judge of the United States Court of Appeals for the Third Circuit, as a federal prosecutor, and as Assistant U.S. Attorney General. He succeeded Tom Ridge as U.S. Secretary of Homeland Security on February 15, 2005.
Since leaving government service, Chertoff has worked as senior of counsel at the Washington, D.C. law firm of Covington & Burling.[1] He also co-founded the Chertoff Group, a risk-management and security consulting company, which employs several former senior political appointees. Chertoff was also elected as Chairman of BAE Systems for a three-year term, beginning May 1, 2012.
Chertoff co-chairs the Bipartisan Policy Center's Immigration Task Force.
Contents
1 Early life
2 Public service
3 Secretary of Homeland Security and subsequent career
4 Views
4.1 Construction of border fence
4.2 Actions regarding illegal immigration
4.3 Globalization
4.4 Body scanners
4.5 Climate change
4.6 Political endorsements
5 References
6 External links
Early life
Michael Chertoff was born on November 28, 1953 in Elizabeth, New Jersey. His father was Rabbi Gershon Baruch Chertoff (1915–96), a Talmud scholar and the former leader of the Congregation B'nai Israel in Elizabeth. His mother is Livia Chertoff (née Eisen), an Israeli citizen and the first flight attendant for El Al.[2] His paternal grandparents are Rabbi Paul Chertoff[3] and Esther Barish Chertoff.[4]
Chertoff attended the Jewish Educational Center in Elizabeth as well as the Pingry School. He graduated from Harvard College with a Bachelor of Arts degree in 1975. During his sophomore year, he studied abroad at the London School of Economics and Political Science. He then attended Harvard Law School, where he worked as a research assistant for John Hart Ely on his book Democracy and Distrust. After receiving a Juris Doctor magna cum laude in 1978, Chertoff served as a law clerk to Judge Murray Gurfein of the United States Court of Appeals for the Second Circuit. He then clerked for United States Supreme Court Justice William J. Brennan, Jr. from 1979 to 1980.
He worked in private practice with Latham & Watkins from 1980 to 1983 before being hired as a prosecutor by Rudolph Giuliani, then the United States Attorney for the Southern District of New York. Chertoff worked on Mafia and political corruption–related cases. In the mid-1990s, Chertoff returned to Latham & Watkins for a brief period, founding the firm's office in Newark, New Jersey.
Chertoff has been a resident of Westfield, New Jersey.[5]
Public service
In September 1986, together with United States Attorney for the Southern District of New York Rudolph Giuliani, Chertoff was instrumental in the crackdown on organized crime in the Mafia Commission Trial.
In 1990, Chertoff was appointed by President George H. W. Bush as United States Attorney for the District of New Jersey.[6] Among his most important cases, in 1992 Chertoff achieved conviction of second-term Jersey City mayor Gerald McCann on charges of defrauding money from a savings and loan scam. McCann served two years in federal prison.[7]
In 1993, he was a prosecutor in the fraud case against Eddie Antar, founder of the Crazy Eddie's electronics store chain.
Chertoff was asked to stay in his position when the Clinton administration took office in 1993, at the request of Democratic Senator Bill Bradley.[7] He was the only United States Attorney who was not replaced due to the change in administrations. He continued to work with the U.S. Attorney's office until 1994, when he entered private practice, returning to Latham & Watkins as a partner.[7]
Despite his friendly relationship with some Democrats, Chertoff was appointed as the special counsel for the Senate Whitewater Committee studying allegations against President Clinton and his wife in what was known as the Whitewater investigation. No charges were brought against the Clintons.
In 2000, Chertoff worked as special counsel to the New Jersey Senate Judiciary Committee, investigating racial profiling in New Jersey. He also did some fundraising for George W. Bush[8] and other Republicans[citation needed] during the 2000 election cycle. He advised Bush's presidential campaign on criminal justice issues. Chertoff was appointed by Bush to headed the criminal division of the Department of Justice, serving from 2001 to 2003. He led the federal prosecution's case against suspected terrorist Zacarias Moussaoui.
Chertoff also led the prosecution's case against accounting firm Arthur Andersen for destroying documents relating to the Enron collapse. The prosecution of Arthur Andersen was controversial, as the firm was effectively dissolved, resulting in the loss of 26,000 jobs. The United States Supreme Court overturned the conviction, and the case has not been retried. Chertoff has been criticized for his role at DOJ in detaining hundreds of Middle Eastern immigrants.
On March 5, 2003, Chertoff was nominated by President Bush to a seat on the United States Court of Appeals for the Third Circuit vacated by Morton I. Greenberg. He was confirmed by the Senate 88–1 on June 9, 2003, with Senator Hillary Clinton of New York casting the lone dissenting vote; he received his commission the following day. Senator Clinton said that she had dissented to register her protest for the way Chertoff's staff mistreated junior White House staffers during the Whitewater investigation.[9]
Secretary of Homeland Security and subsequent career
In late 2004, Bernard Kerik was forced to decline President Bush's offer to replace Tom Ridge, the outgoing Secretary of Homeland Security. After a lengthy search to find a suitable replacement, Bush nominated Chertoff to the post in January 2005, citing his experience with post-9/11 terror legislation. He was unanimously approved for the position by the United States Senate on February 15, 2005.[10]
Hurricane Katrina occurred while Chertoff was Secretary of Homeland Security. The Department was criticized for its lack of preparation in advance of the well-forecast hurricane; most criticism was directed toward the Federal Emergency Management Agency.[11] DHS in general, and Chertoff in particular, were criticized for responding poorly to the disaster, ignoring crucial information about the catastrophic nature of the storm and devoting little attention to the federal response to what became the most costly disaster in American history.[12]
Chertoff was the Bush administration's point man for pushing the comprehensive immigration reform bill, a measure that stalled in the Senate in June 2007.[13]
Chertoff was asked by the Obama administration to stay in his post until 9 a.m. on January 21, 2009, (one day after President Obama's inauguration) "to ensure a smooth transition".[14]
He formed The Chertoff Group (TCG) on February 2, 2009 to work on crisis and risk management. The firm is also led by Chad Sweet; he served as the Chief of Staff of Homeland Security while Chertoff was Secretary and also had a two-year stint at the Directorate of Operations for the CIA. They also employ Charles E. Allen, Larry Castro, Jay M. Cohen, General Michael V. Hayden and other former high-ranking government employees and appointees.
Views
Construction of border fence
In April 2008, Chertoff was criticized in The New York Times editorial for waiving the Endangered Species Act, the Clean Water Act, and other environmental protection legislation to construct a 700-mile (1,100 km) fence along the Mexico–United States border. The Times wrote: "To the long list of things the Bush administration is willing to trash in its rush to appease immigration hard-liners, you can now add dozens of important environmental laws and hundreds of thousands of acres of fragile habitat on the southern border."[15]
According to The New York Times columnist Adam Liptak, Chertoff had excluded the Department of Homeland Security from having to follow laws "protecting the environment, endangered species, migratory birds, the bald eagle, antiquities, farms, deserts, forests, Native American graves and religious freedom."[16]
A report issued by the Congressional Research Service, the non-partisan research division of the Library of Congress, said that the unchecked delegation of powers to Chertoff was unprecedented:
After a review of federal law, primarily through electronic database searches and consultations with various CRS experts, we were unable to locate a waiver provision identical to that of §102 of H.R. 418—i.e., a provision that contains 'notwithstanding' language, provides a secretary of an executive agency the authority to waive all laws such secretary determines necessary, and directs the secretary to waive such laws.[17]
Actions regarding illegal immigration
In September 2007, Chertoff told a House committee that the DHS would not tolerate interference by sanctuary cities that would block the "Basic Pilot Program," which requires some types of employers to validate the legal status of their workers.[18] He said that the DHS was exploring its legal options and intended to take action to prevent any interference with the law.[19]
In 2008 it was reported that the residential housekeeping company Chertoff had hired to clean his house employed illegal immigrants.[20][21][22]
Globalization
At the Global Creative Leadership Summit in 2009, Chertoff described globalization as a double-edged sword. Although globalization may help raise the standard of living for people around the world, Chertoff claims that it can also enable terrorists and transnational criminals.[23]
Body scanners
Chertoff has been an advocate of enhanced technologies, such as full body scanners.[24] His lobbying firm Chertoff Group (founded 2009) represents manufacturers of the scanners.[25][26]
Climate change
Chertoff co-signed the preface to the report "National Security and the Accelerating Risks of Climate Change" published in 2014 where he stated that "projected climate change is a complex multi-decade challenge. Without action to build resilience, it will increase security risks over much of the planet. It will not only increase threats to developing nations in resource-challenged parts of the world, but it will also test the security of nations with robust capability, including significant elements of our National Power here at home."[27]
Political endorsements
For the 2016 presidential election, Chertoff endorsed Hillary Clinton.[28]
MICHAEL CHERTOFF
Co-Founder and
Executive Chairman
Areas of Focus:
Risk identification, analysis and mitigation
Crisis management – prevention, preparation, response and recovery
Strategic counsel on global security solutions
Previous Government Service:
Secretary, U.S. Department of Homeland Security (2005 – 2009)
Federal Judge, U.S. Court of Appeals for the Third Circuit (2003 – 2005)
Assistant Attorney General of the United States, Criminal Division (2001 – 2003)
As Secretary of the U.S. Department of Homeland Security from 2005 to 2009, Michael Chertoff led the country in blocking would-be terrorists from crossing our borders or implementing their plans if they were already in the country. He also transformed FEMA into an effective organization following Hurricane Katrina. His greatest successes have earned few headlines – because the important news is what didn’t happen.
At Chertoff Group, Mr. Chertoff provides high-level strategic counsel to corporate and government leaders on a broad range of security issues, from risk identification and prevention to preparedness, response and recovery. “Risk management has become the CEO’s concern,” he says. “We help our clients develop comprehensive strategies to manage risk without building barriers that get in the way of carrying on their business.”
Before heading up the Department of Homeland Security, Mr. Chertoff served as a federal judge on the U.S. Court of Appeals for the Third Circuit. Earlier, during more than a decade as a federal prosecutor, he investigated and prosecuted cases of political corruption, organized crime, corporate fraud and terrorism – including the investigation of the 9/11 terrorist attacks.
Mr. Chertoff is a magna cum laude graduate of Harvard College (1975) and Harvard Law School (1978). From 1979-1980 he served as a clerk to Supreme Court Justice William Brennan, Jr.
In addition to his role at Chertoff Group, Mr. Chertoff is also senior of counsel at Covington & Burling LLP, and a member of the firm’s White Collar Defense and Investigations practice group.
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Print Marked Items
Chertoff, Michael: EXPLODING DATA
Kirkus Reviews.
(May 15, 2018):
COPYRIGHT 2018 Kirkus Media LLC
http://www.kirkusreviews.com/
Full Text:
Chertoff, Michael EXPLODING DATA Atlantic Monthly (Adult Nonfiction) $26.00 7, 10 ISBN: 978-0-
8021-2793-8
The former Secretary of Homeland Security surveys the brave new world of data collection and analysis
and finds that both the legal system and international relations have yet to keep pace with technology.
Chertoff (Homeland Security: Assessing the First Five Years, 2009), who has also served as a judge and a
prosecutor, contrasts the present day with earlier eras when there was more of a strong distinction between
public and private. An invasion of privacy once meant encroaching on one's property, but technology has
dissolved any expectation of privacy or even a sense of who is doing the encroaching and what is being
encroached upon. We share our information freely despite the consequences, we depend on smartphones
that track us everywhere and lack adequate safeguards, and we invite devices into our homes to monitor our
preferences and activities. In an era of facial-recognition software, laws reflect the days when surveillance
was by camera (before every phone had one) or phone tapping (on landlines). "When technology has
dramatically expanded the ability to monitor activities in a previously unrecognizable way, we need a new
set of laws," writes the author, whose current company offers security consulting. He continues, "Inevitably,
this will require tradeoffs between different values: privacy, autonomy, security, and the individual versus
the collective interest." Chertoff shows how such an initiative is necessary as well as extremely challenging,
as the internet transcends borders of nations that have very different attitudes toward individual rights and
as the process involves different stages of collecting and analyzing data, by governments and commercial
concerns alike. Though the writing rarely rises above workmanlike, the author's experience in these areas
runs deep, and he shows reasons for concern in areas many readers might not have considered. "We
frequently trade away our data for a short-term convenience or lower-cost gratification without realizing the
long-term consequences," he warns--until our insurance companies start monitoring our grocery purchases
and restaurant preferences to determine how healthy our diets are.
The world of data as illuminated here would have scared George Orwell.
Source Citation (MLA 8th
Edition)
"Chertoff, Michael: EXPLODING DATA." Kirkus Reviews, 15 May 2018. General OneFile,
http://link.galegroup.com/apps/doc/A538293854/ITOF?u=schlager&sid=ITOF&xid=99d3fb63.
Accessed 30 Sept. 2018.
Gale Document Number: GALE|A538293854
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Exploding Data: Reclaiming Our Cyber
Security in the Digital Age
Publishers Weekly.
265.20 (May 14, 2018): p46.
COPYRIGHT 2018 PWxyz, LLC
http://www.publishersweekly.com/
Full Text:
Exploding Data: Reclaiming Our Cyber Security in the Digital Age
Michael Chertoff. Atlantic Monthly, $26 (288p) ISBN 978-0-8021-2793-8
Chertoff, former federal appeals court judge and secretary of homeland security from 2005 to 2009, argues
bluntly in this useful overview of the scope and implications of the data revolution that the general notion of
privacy, as "the ability to hide or shield our actions and thoughts from prying eyes" is too narrow a value. In
a world governed by data analytics, Chertoff asserts, "what we can and should care about is the broader
value of autonomy, which is at the very core of freedom." He makes clear the alarming extent that personal
autonomy--"the freedom to make personal choices that affect our values and our destiny"--is in jeopardy
today and the necessary legal changes needed to retain it. He begins * with the basics of how digital
communications work and then provides a history of surveillance in America. Wireless internet access,
smart phones, and cloud storage have rapidly increased the rate of data collection and analysis in the private
sector, allowing companies to sell targeted ads and, more significantly, assess the behavior of individual
users and then sell that information to other companies for purposes like insurance provider pricing.
Chertoff proposes common-sense recommendations as to how laws should change to keep pace with
evolving technology, advocating for stronger restrictions on government and corporate "analysis,
dissemination and use" of data. This book works as both a Big Data primer and a clear-sighted road map for
legislative changes from a previous high-profile proponent of government surveillance. (July)
Source Citation (MLA 8th
Edition)
"Exploding Data: Reclaiming Our Cyber Security in the Digital Age." Publishers Weekly, 14 May 2018, p.
46. General OneFile, http://link.galegroup.com/apps/doc/A539387444/ITOF?
u=schlager&sid=ITOF&xid=ed5d0421. Accessed 30 Sept. 2018.
Gale Document Number: GALE|A539387444
Protecting data-driven cyberspace from exploitation
Print
By Joshua Sinai - - Monday, July 9, 2018
ANALYSIS/OPINION:
EXPLODING DATA: RECLAIMING OUR CYBER SECURITY IN THE DIGITAL AGE
By Michael Chertoff
Grove Atlantic, $26, 272 pages
“Exploding Data: Reclaiming Our Cyber Security in the Digital Age,” by former Secretary of Homeland Security Michael Chertoff, is an important and insightful critique of what he terms an out-of-date legal framework in the United States that governs the collection and use whether by government or private sector entities of citizens’ personal data on the Internet.
Explaining that this framework was established decades ago when telephone records, texts and photographs constituted the Internet’s metadata (defined as the set of data that makes it possible to search a data source and its related data), the author argues that the United States requires a new legal and policy structure appropriate for cyberspace.
Mr. Chertoff focuses on the technologies that currently mine personal data for law enforcement (especially those that can pinpoint the identities, locations and activities of persons engaging in illegal activities, such as terrorism), or companies (tracking an individual’s purchasing or voting tendencies in social media for marketing purposes, including credit scoring) where safeguarding law-abiding citizens’ civil liberties, especially their rights to privacy, is paramount.
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Most concerning, Mr. Chertoff writes, is that not only do “those who collect and aggregate that data have an increased power to influence and even coerce our behavior — possibly through social shaming and financial incentives and penalties,” but that the “expansion of online networks that are connected to physical systems and that even control their operation, has dramatically expanded the ability of malign individuals to interfere with the physical world.” Bad actors, he adds, are also sabotaging information technology systems and engaging in vast identity breaches and thefts from bank accounts and other data sources.
To analyze the problems associated with these surveillance issues and how the “autonomy” of individuals’ personal data in cyberspace can be protected under a new legal framework, the author outlines three transformational periods in the history of surveillance and data or information collection. He terms these periods Data 1.0, Data 2.0 and Data 3.0.
Data 1.0 refers to the period when information was collected through handwritten or printed notes or drawings. These were disseminated through face-to-face interactions and reading the notes. In the next revolutionary change, Data 2.0 refers to the period inaugurated by the invention of photography and telephony in the 19th century. These technologies, the author explains, “made life much more convenient, but at the same time they opened up new methods of surveillance.”
In the most significant revolutionary change, Data 3.0 characterizes today’s “increasingly digital world,” with data, such as photographs and video recorded in “bytes of information” and “transmitted worldwide instantaneously on computers and smartphones and at will.” Data 3.0 is also characterized by the further revolutionary capability of “data analytics — using computer software to examine vast troves of data, reaching conclusions that humans could not reach on their own.”
While such data mining has provided countless benefits, it also “enables pernicious uses” and “societal consequences,” so the author cautions that it must be managed “in a way that protects individuals while enabling benefits to society as a whole.”
Looking ahead, Mr. Chertoff envisions a futuristic Data 4.0, whose beginnings are “already prefigured with modern-day robots and artificial intelligence — in which embedded software in human beings creates true cyborgs: hybrid human machines.”
With such rapid technological innovations reshaping our exponentially evolving digitally data-driven cyberspace, and with governments and various private sectors able to exploit such data to potentially “predict and regulate our behavior,” the author then turns his discussion to how, in this digital environment, new laws can be formulated to empower citizens to “control [their] data, even when hiding it or privately maintaining it becomes technologically impossible.”
Mr. Chertoff also argues that the new legal regime should address the need for Internet service providers to be responsible for policing the security of their networks, including ensuring that extremist websites and the sites that promote “fake news” are carefully monitored and controlled.
In a chapter titled “Cyber Warfare: Deterrence and Response,” Mr. Chertoff discusses the legal implications of the use of cyber weapons by rogue states, including non-state actors that operate on their behalf, and the challenges in responding to such attacks. He explains that the “boundless geography of cyberspace” makes identifying the attackers problematic because the “attackers are not visible and do not wear uniforms” so there needs “to be articulated a clear doctrine about how to effectively deter or respond to a cyberattack, even if it causes serious physical effects.”
In the book’s concluding chapter, Mr. Chertoff proposes a framework for new laws to manage the balance between security and civil liberties that would include “licensing private sectors to defend their networks” when they are attacked; implementing laws to “control the use private parties can make of individual data”; and to “incentivize private parties to collaborate with the government in protecting against shared vulnerabilities.”
“Exploding Data” is an authoritative guide to understanding the legal and security challenges posed by the rapidly evolving digitally driven cyber landscape.
• Joshua Sinai is a senior analyst at Kiernan Group Holdings (KGH) in Alexandria, Va.