Samir Jain has more than 20 years of experience at high levels of government and in private practice working on cutting-edge legal and policy issues involving cybersecurity, privacy, national security, communications, and internet law.
Prior to joining Jones Day in 2017, Samir was senior director for cybersecurity policy for the National Security Council at The White House. He led the team responsible for cyber incident responses, chaired the interagency body that reviewed proposed cyber operations, directed evaluation of legislative proposals concerning reform of the Electronic Communications Privacy Act, and regularly worked with international cyber counterparts, including leading an interagency delegation to India and coordinating the campaign to gain acceptance of U.S.-proposed international cyber norms.
Samir also served as associate deputy attorney general at the DOJ, where his responsibilities included overseeing the development of proposals to modernize the Computer Fraud and Abuse Act and other cybercrime laws, supervising evaluation of telecommunications license applications for significant national security risks, and representing the DOJ in White House cybersecurity meetings and international negotiations, such as China's agreement not to engage in cyber-enabled intellectual property theft for commercial gain.
Previously, Samir was a partner at a leading international law firm where his practice involved litigation and counseling on privacy, data security, and law enforcement issues; representing clients in proceedings and investigations before the FCC and FTC; and litigating internet law issues of first impression for telecommunications and broadband providers, defense companies, online service and application providers, and other technology companies.
The following represents experience acquired prior to joining Jones Day.
Notable Private Practice Representations
Assisted clients with responses to data breaches and other security incidents, legal restrictions on countermeasures to cyber attacks such as the Computer Fraud and Abuse Act, and development of security policies and procedures.
Litigated and advised clients in connection with privacy issues arising from geolocation data, deep packet inspection, online behavioral advertising, mobile devices and applications, cloud-based services, and use of "big data."
Extensive litigation and counseling in connection with the Wiretap Act, ECPA, the Communications Assistance for Law Enforcement Act, the Foreign Intelligence Surveillance Act, and related federal and state statutes.
Handled investigations before the FTC and state Attorneys General on subjects such as software security, online advertising and marketing, and public release of customer search query data.
Successfully defended leading internet service providers and online companies in lawsuits for unlawful content originated by third parties by invoking immunity under Section 230 of the Communications Decency Act.
Represented major communications companies before the FCC and state regulatory commissions on a range of high-stakes and complex regulatory and policy matters such as net neutrality, wireless spectrum auctions, competition in telecommunications and broadband markets, satellite licensing, universal service, and consumer protection issues.
Evidence Collection in Criminal Investigations: Cross-Border Issues and Corporate Employee Considerations
- June 2018U.S. Government Releases Report on IoT Botnets and Other Distributed Attacks
- May 2018SEC Announces Yahoo Will Pay $35 Million for Failure to Disclose Data Security Incident
- March 2018Congress Passes CLOUD Act to Facilitate Law Enforcement Access to Overseas Data
- February 2018SEC Releases Guidance on Public Company Cybersecurity Disclosures
- April 28 - May 1, 2018Co-Chair 2018 INSOL New York Annual Regional Conference
- October 11, 2017FDA's Plan for Digital Health Innovation and Associated Cyber Risks
- Harvard University (J.D. magna cum laude 1994; Editor, Harvard Law Review; Articles Editor, Journal of Law and Technology); Stanford University (B.S. in Symbolic Systems [Artificial Intelligence] with distinction and honors 1991; Phi Beta Kappa)
- District of Columbia
- Senior Director, Cybersecurity Policy, National Security Council, The White House (2016-2017); Associate Deputy Attorney General, U.S. Department of Justice (2014-2015)
The Best Lawyers in America
Washington DC Super Lawyers
Chambers USA: ranked as a leader in telecom, broadcast, and satellite: regulatory
Chambers Global: recognized as leader in privacy and data security
The Legal 500: recommended for data protection and privacy practice
Senior Associate (non-resident), Technology Policy Program, Center for Strategic & International Studies
- Law Clerk to Judge James R. Browning, U.S. Court of Appeals, Ninth Circuit (1994-1995)