Gary D. Brown

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Gary D. Brown
Official portrait of Colonel Gary D. Brown, 2009.png
Official portrait of Colonel Gary D. Brown, 2009.
NationalityAmerican
Occupation(s)Lawyer, USAF officer
Known forCyber operations scholarship and blowing the whistle on government waste at Guantanamo
Notable workState Cyberspace Operations: Proposing a Cyber Response Framework

Colonel Gary D. Brown is an American lawyer and former officer in the United States Air Force. [1] [2] He was the official U.S. observer to the drafting of the Tallinn Manual on the International Law Applicable to Cyber Warfare (2013) [3] [4] and is a member of the International Group of Experts that authored Tallinn Manual 2.0 (2017). [5] Professor Brown also appeared as the legal expert in the documentary film Zero Days (2016). [6]

Contents

Academic career

Academic career [7]
YearDegreeInstitution
1984 B.Sc. University of Central Missouri, Warrensburg, Missouri
1987 J.D. University of Nebraska College of Law, Lincoln, Nebraska
1988 LL.M. Cambridge University, England
1994 Squadron Officer School, Maxwell Air Force Base, Alabama
2000 Air Command and Staff College, Maxwell Air Force Base, Alabama
2005 Air War College, Maxwell Air Force Base, Alabama

Publications

Publications [8] [9] [10] [11] [12]
YearTitlePublished in
2017Out of the LoopTemple International & Comparative Law Journal
2019Commentary on the Law of Cyber Operations and the DoD Law of War ManualChapter in The United States Department of Defense Law of War Manual
2020State Cyberspace Operations: Proposing a Cyber Response FrameworkRUSI Occasional Paper
2020International Law and Cyber ConflictChapter in Routledge Handbook of International Cybersecurity First Edition
2021If You Think AI Won't Eclipse Humanity, You're Probably Just a HumanWilliam and Mary Bill of Rights Journal

Guantanamo military commission

In 2017 Brown was appointed the legal advisor to a Guantanamo military commission's newly appointed Convening authority, Harvey Rishikof. [13]

Rishikof and Brown's appointments were terminated in early 2018. [2] [13] [14] Observers commented that their termination suggested a disagreement between the pair and their superiors at the Pentagon.

In July 2020 Brown told National Public Radio that he and Rishikof had been negotiating plea agreements with the lawyers of the men facing charges. [2] They'd take the death penalty off the table, if the suspects agreed to plead guilty and accept a sentence of life imprisonment.

Whistleblower

In 2019 Brown formally filed a whistleblower report alleging substantial government waste, at Guantanamo. [15] [16] [17] According to Brown, operating costs at Guantanamo had been $6 billion.

Related Research Articles

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<span class="mw-page-title-main">Defense Finance and Accounting Service</span> Agency of the United States Department of Defense

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<span class="mw-page-title-main">John D. Altenburg</span> United States general

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<span class="mw-page-title-main">Cyberwarfare</span> Use of digital attacks against a nation

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<span class="mw-page-title-main">Abdul Zahir (Guantanamo Bay detainee 753)</span>

Abdul Zahir (عبدالظاهر) is a citizen of Afghanistan currently held in extrajudicial detention in the United States' Guantanamo Bay detention camps, in Cuba. He was the tenth captive, and the first Afghan, to face charges before the first Presidentially authorized Guantanamo military commissions. After the Supreme Court ruled that the President lacked the constitutional authority to set up military commissions, the United States Congress passed the Military Commissions Act of 2006. He was not charged under that system.

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<span class="mw-page-title-main">United States Department of Defense</span> Executive department of the United States federal government

The United States Department of Defense is an executive branch department of the federal government of the United States charged with coordinating and supervising all agencies and functions of the U.S. government directly related to national security and the United States Armed Forces. As of June 2022, the U.S. Department of Defense is the largest employer in the world, with over 1.34 million active-duty service members, including soldiers, marines, sailors, airmen, and guardians. DoD also maintains over 778,000 National Guard and reservists, and over 747,000 civilians bringing the total to over 2.87 million employees. Headquartered at the Pentagon in Arlington County, Virginia, just outside Washington, D.C., DoD's stated mission is to provide "the military forces needed to deter war and ensure our nation's security".

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<span class="mw-page-title-main">Thomas W. Hartmann</span>

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<span class="mw-page-title-main">Paul L. Oostburg Sanz</span>

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Gary Brown may refer to:

The Tallinn Manual is an academic, non-binding study on how international law applies to cyber conflicts and cyber warfare. Between 2009 and 2012, the Tallinn Manual was written at the invitation of the Tallinn-based NATO Cooperative Cyber Defence Centre of Excellence by an international group of approximately twenty experts. In April 2013, the manual was published by Cambridge University Press.

<span class="mw-page-title-main">Michael N. Schmitt</span> American international law scholar

Michael N. Schmitt is an American international law scholar specializing in international humanitarian law, use of force issues, and the international law applicable to cyberspace. He is Professor of Public International Law at the University of Reading, the G. Norman Lieber Distinguished Scholar at the Lieber Institute of the United States Military Academy at West Point, and the Charles H. Stockton Distinguished Scholar in Residence at the US Naval War College.

<span class="mw-page-title-main">Harvey Rishikof</span> American lawyer

Harvey Rishikof is an American lawyer who was the Convening Authority for the Guantanamo military commission in 2017 and early 2018.

References

  1. Stephen Szrom (2018-03-23). "Summary: Declarations Regarding the Removal of Military Commission Convening Authority Rishikof". Lawfare . Rishikof and Brown expressed concern about the simultaneous removal of the convening authority and legal adviser. They also objected to the possible simultaneous appointment of two convening authorities as, according to the declaration, the Pentagon appointed the acting convening authority, Jim Coyne, before informing Rishikof of his removal.`
  2. 1 2 3 Sacha Pfeiffer (2019-09-11). "Guantánamo Has Cost Billions; Whistleblower Alleges 'Gross' Waste". National Public Radio . Retrieved 2020-07-27. Retired Air Force Col. Gary Brown also claims that he and the former head of the military court were fired because they were negotiating a controversial cost-saving proposal with defense lawyers: allow Guantánamo prisoners — including Khalid Sheikh Mohammed and his four co-defendants in the Sept. 11, 2001, terrorist attacks — to plead guilty in exchange for life in prison rather than face the death penalty. Such plea deals, Brown says, 'would stop wasting resources.'
  3. "Mr. Gary D. Brown, J.D." es.ndu.edu. National Defense University. Retrieved 2023-06-24.
  4. Schmitt, Michael, ed. (2013). Tallinn Manual on the International Law Applicable to Cyber Warfare. International Group of Experts for NATO (1st ed.). Cambridge University Press. ISBN   9781107302631.
  5. Schmitt, Michael, ed. (2017). Tallinn Manual 2.0 on the International Law Applicable to Cyber Operations. International Group of Experts and Other Participants (2nd ed.). Cambridge University Press. ISBN   9781316822524.
  6. Zero Days (2016) - IMDb , retrieved 2023-06-24
  7. "Biography: Colonel Gary D. Brown" (PDF). University of Berkeley . Retrieved 2020-07-27.
  8. Brown, Gary (2017). "Out of the Loop". Temple International & Comparative Law Journal. 30 (1). SSRN   2891029.
  9. Brown, Gary D. (2019), Newton, Michael A. (ed.), "Commentary on the Law of Cyber Operations and the DoD Law of War Manual", The United States Department of Defense Law of War Manual: Commentary and Critique, Cambridge: Cambridge University Press, pp. 337–359, ISBN   978-1-108-42715-9 , retrieved 2023-06-26
  10. Brown, Gary (2020). "State Cyberspace Operations: Proposing a Cyber Response Framework". RUSI Occasional Paper 2020. SSRN   3689233.
  11. Brown, Gary D. (2020), "International law and cyber conflict", Routledge Handbook of International Cybersecurity, Routledge, pp. 366–378, doi:10.4324/9781351038904-36, ISBN   978-1-351-03890-4, S2CID   213509210 , retrieved 2023-06-26
  12. Brown, Gary (2021). "If You Think AI Won't Eclipse Humanity, You're Probably Just a Human". William & Mary Bill of Rights Journal. 30 (2).
  13. 1 2 Josh Gerstein (2018-03-22). "Mattis: Aerial photo request triggered firing of Gitmo tribunal overseer". Politico . Retrieved 2020-07-27. Rishikof and Brown said in a declaration filed with a military judge earlier this week that they were not advised of any concerns about their performance before they were abruptly fired last month.
  14. Carol Rosenberg (2018-05-28). "Former Navy Judge Named to Oversee Guantánamo Military Court". The New York Times . Washington, DC. p. A6. Retrieved 2020-07-27. Mr. Rishikof and his legal adviser, Gary Brown, said in a joint affidavit that they had not been warned in advance that senior Pentagon officials were unhappy with their performances but were aware that they had made some unpopular and controversial decisions, including discussing guilty pleas in the two capital cases in exchange for life in prison rather than execution.
  15. Sachar Pfeiffer (2019-09-11). "Whistleblower Cites 'Waste Of Funds' At Guantánamo Court And Prison". National Public Radio . Retrieved 2020-07-27. NPR has learned that a former top attorney at the military court there has filed a federal whistleblower complaint alleging gross waste of funds and gross mismanagement.
  16. Sacha Pfeiffer (2019-11-14). "A Legacy Of Torture Is Preventing Trials At Guantánamo". National Public Radio . Retrieved 2020-07-27.
  17. Paul Szoldra (2019-09-17). [2019-09-17 "Guantanamo Bay only has 40 prisoners left, and they cost the US more than a half-billion dollars a year"]. Business Insider . Retrieved 2020-07-27. One part of the cost equation comes from government prosecutors, who have been pursuing death penalty convictions for some, which critics say is a waste of money and time given that the evidence in many cases is "tainted by torture." And, as Brown further argues, even if they get a conviction, most of those cases will result in lengthy appeals that will cost billions more. (Brown pushed for settlement negotiations instead.){{cite news}}: Check |url= value (help)