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The Data Protection Review Court

Section 3 of the Executive Order of October 7, 2022, “Enhancing Safeguards for United States Signals Intelligence Activities,” authorizes and directs the Attorney General to issue regulations to establish a Data Protection Review Court (“DPRC”) as the second level of a two-level redress mechanism. On October 7, 2022, Attorney General Merrick Garland signed a new regulation establishing the DPRC. The DPRC independently reviews determinations made by the Civil Liberties Protection Officer of the Office of the Director of National Intelligence (“ODNI CLPO”) in response to qualifying complaints sent by individuals through appropriate public authorities that allege certain violations of United States law in the conduct of United States signals intelligence activities.

The Judges of the DPRC are:

Judge James E. Baker is Director of the Syracuse University Institute for Security Policy and Law and a Professor at the Syracuse College of Law and the Maxwell School of Citizenship.

Judge Baker previously served as a Judge and Chief Judge on the U.S. Court of Appeals for the Armed Forces, a federal civilian court that hears cases arising in the military justice system. Judge Baker authored more than 250 opinions while on the Court. Judge Baker also served as a presidentially appointed member and Acting Chair of the Public Interest Declassification Board. Judge Baker previously chaired the American Bar Association’s Standing Committee on Law and National Security and on the Board of Directors of the ABA Rule of Law Initiative.

Earlier in his career, and as a career civil servant, Judge Baker served as Legal Adviser and Deputy Legal Adviser to the National Security Council. Judge Baker has also served as Counsel to the President’s Foreign Intelligence Advisory Board and Intelligence Oversight Board, an attorney in the U.S. Department of State, an aide to Sen. Daniel Patrick Moynihan (NY), and as a Marine Corps infantry officer. From 2017-2018, Judge Baker was the Robert E. Wilhelm Fellow at the Center for International Studies, MIT. In addition to teaching at Syracuse University, Judge Baker has taught at Yale, Iowa, Pittsburgh, Washington University (St. Louis), and Georgetown. Judge Baker is the author of numerous articles and three books, including The Centaur’s Dilemma: National Security Law for the Coming AI Revolution (Brookings, 2021) and In the Common Defense: National Security Law for Perilous Times (Cambridge University Press, 2007).

Judge Baker is a graduate of Yale University and Yale Law School.

Judge Rajesh De is a partner at the law firm Mayer Brown, where he serves on the firm’s global Management Committee. Before returning to Mayer Brown, Judge De served as General Counsel at the National Security Agency. Judge De also served in the White House as Staff Secretary and Deputy Assistant to the President of the United States and as Principal Deputy Assistant Attorney General in the Office of Legal Policy at the Department of Justice.

Judge De previously served on a pro bono basis as General Counsel to the Commission on the Prevention of Weapons of Mass Destruction Proliferation and Terrorism. Judge De also previously served as Counsel to a special bipartisan staff of the United States Senate Committee on Homeland Security and Governmental Affairs and as Counsel to the National Commission on Terrorist Attacks Upon the United States. Judge De began his career at the Department of Justice, where he was a trial lawyer in the Antitrust Division under the Attorney General’s Honors Program. Judge De clerked for the Honorable A. Wallace Tashima of the United States Court of Appeals for the Ninth Circuit.

Judge De is a graduate of Harvard College and Harvard Law School.

Judge James Dempsey is senior policy advisor at the Stanford Program on Geopolitics, Technology and Governance and a lecturer at the UC Berkeley School of Law. Before Stanford, Judge Dempsey was Executive Director of the Berkeley Center for Law & Technology. From 2012 to January 2017, Judge Dempsey also served as a member of the U.S. Privacy and Civil Liberties Oversight Board.

Earlier in his career, Judge Dempsey worked at the Center for Democracy & Technology (CDT), a non-profit public policy organization focused on privacy and other issues of the internet age. Judge Dempsey held a number of leadership position at CDT, including Executive Director and head of CDT West. Judge Dempsey’s other experience includes Deputy Director of the nonprofit Center for National Security Studies and Assistant Counsel to the House Judiciary Committee’s Subcommittee on Civil and Constitutional Rights, where his duties included oversight of the Federal Bureau of Investigation, and law clerk to the Hon. Robert Braucher, Massachusetts Supreme Judicial Court. Judge Dempsey is the author, editor or co-author of three books and numerous articles and commentary on privacy, government surveillance, and cybersecurity.

Judge Dempsey is a graduate of Yale University and Harvard Law School.

Judge Mary DeRosa is a Professor from Practice at Georgetown University Law Center, where she focuses on national security law and is co-director of the Global Law Scholars program. Previously, Judge DeRosa served as Deputy Assistant and Deputy Counsel to the President and National Security Council Legal Adviser. Judge DeRosa also served at the U.S. Mission to the United Nations as Alternate Representative of the United States to the 66th Session of the UN General Assembly, an ambassador-level position. She also served as Chief Counsel for National Security for the Senate Judiciary Committee, working for the Chairman, Senator Patrick Leahy, a Senior Fellow for Technology and Public Policy at the Center for Strategic and International Studies, and Special Counsel to the General Counsel at the U.S. Department of Defense.

Earlier in her career, Judge DeRosa was a lawyer at Arnold & Porter and a law clerk to the Honorable Richard Cardamone, United States Court of Appeals for the Second Circuit.

Judge DeRosa is a graduate of the University of Virginia and the George Washington University Law School.

Judge Thomas B. Griffith is a Special Counsel at the law firm Hunton Andrews Kurth. Prior to joining the firm, Judge Griffith served on the United States Court of Appeals for the DC Circuit for 15 years. The Chief Justice of the United States appointed Judge Griffith to serve on the Judicial Conference’s Committee on the Judicial Branch and the Code of Conduct Committee. Judge Griffith previously served as Assistant to the President and General Counsel of Brigham Young University. He began his legal career in private practice before serving as Senate Legal Counsel, the nonpartisan chief legal officer of the United States Senate. He served as a member of the Presidential Commission on the Supreme Court of the United States in 2021.

Judge Griffith is a member of the American Law Institute and a Fellow at the Wheatley Institute at Brigham Young University. He is a Lecturer on Law at Harvard Law School. Judge Griffith has long been active in rule of law projects in Eastern Europe and Eurasia.

Judge Griffith is a graduate of Brigham Young University and the University of Virginia School of Law.

Judge Eric H. Holder, Jr., is Senior Counsel at the law firm Covington & Burling, where he advises clients on complex investigations and litigation matters. Prior to rejoining the firm in 2015, Judge Holder served as the 82nd Attorney General of the United States. Judge Holder left office as the third longest serving Attorney General in U.S. history and was the first African American to hold that office.

Including his service as Attorney General, Judge Holder has served in government for more than thirty years. Prior to his service as Attorney General, Judge Holder served as the Deputy Attorney General and the United States Attorney for the District of Columbia. Judge Holder previously served as an Associate Judge of the Superior Court of the District of Columbia. Judge Holder first joined the Department of Justice as a trial attorney in the Public Integrity Section of the Criminal Division.

Judge Holder is a graduate of Columbia College and Columbia Law School.

Judge David Levi currently is the James B. Duke and Benjamin N. Duke Dean Emeritus at Duke Law School. Judge Levi also is President of the American Law Institute (ALI), a position he has held since May 2017. He recently served as a member of the Presidential Commission on the Supreme Court of the United States in 2021.

Judge Levi became the 14th dean of Duke Law School in 2007 and served as dean through June 2018. In 2018 he became the Levi Family Professor of Law and the founding Director of the Bolch Judicial Institute at Duke Law School, stepping down in December 2022. Prior to coming to Duke, Judge Levi served for nearly 17 years as a United States District Judge in the Eastern District of California with chambers in Sacramento, including serving as the Chief Judge of the District. Judge Levi previously served as the United States Attorney for the Eastern District of California. Earlier in his career, Judge Levi was a law clerk to Judge Ben C. Duniway of the U.S. Court of Appeals for the Ninth Circuit, and then to Justice Lewis F. Powell, Jr., of the U.S. Supreme Court.

Judge Levi is a graduate of Harvard College and Stanford Law School.

Judge Virginia A. Seitz is a partner in the Supreme Court and Appellate practice of Sidley Austin LLP.

Judge Seitz previously served as the Assistant Attorney General for the Office of Legal Counsel in the Department of Justice; she was the first woman to be confirmed to that position. Earlier in her career, Judge Seitz served on the first Board of Directors of the Congressional Office of Compliance. Judge Seitz has served two terms as a member of the Advisory Committee on Civil Rules, the Committee which studies and develops proposed amendments to the Federal Rules of Civil Procedure for submission to the Committee on Rules of Practice and Procedure of the Judicial Conference of the United States. In January 2017, Judge Seitz was elected to the American Law Institute, and she now serves on its Council.

Judge Seitz is a graduate of Duke University and the University at Buffalo Law School. She also holds an M.A. Oxon from Oxford University, where she was a Rhodes Scholar. She clerked for the Honorable Harry T. Edwards of the Court of Appeals for the D.C. Circuit and for the Honorable William J. Brennan, Jr. of the U.S. Supreme Court.


Attorney General Merrick B. Garland Announces Judges of the Data Protection Review Court, November 14, 2023.

The Special Advocates of the DPRC are:

Jane Horvath is a partner at the law firm Gibson, Dunn & Crutcher in Washington, D.C., where she serves as Co-Chair of the firm’s Privacy, Cybersecurity, and Data Innovation Practice Group.  Before returning to Gibson Dunn, Ms. Horvath worked at Apple Inc., serving first as Senior Director of Global Privacy, and then as Apple’s Chief Privacy Officer.  Prior to Apple, Ms. Horvath worked for Google as Global Privacy Counsel. 

Ms. Horvath was the first Chief Privacy and Civil Liberties Officer (CPCLO) for the U.S. Department of Justice, from 2006 to 2007.  In that role, Ms. Horvath served as the principal advisor to the Attorney General, Department Leadership, and components on issues involving privacy and civil liberties policy and compliance.  Prior to joining the Department of Justice, Ms. Horvath was the General Counsel for Digital City (America Online), and an associate at the law firm Hogan & Hartson.  Ms. Horvath began her legal career as an associate at Gibson Dunn.

Ms. Horvath serves as a board member for the Future of Privacy Forum, the Foundation Board of the College of William and Mary and the Tech, Law & Security Program, American University, Washington College of Law.  She is a member of the Aspen Global Cybersecurity Group. She is a recipient of the Career Achievement Award from the Future of Privacy Forum.

Ms. Horvath is a graduate of the College of William & Mary, and the University of Virginia School of Law.

Paul Rosenzweig practices law in a solo practice in Washington, DC, specializing in legal issues relating to national security and homeland security, with an emphasis on cybersecurity and privacy law.  He is also the founder of Red Branch Consulting PLLC, a homeland security and cybersecurity consulting company, and a Senior Advisor to The Chertoff Group.  Mr. Rosenzweig formerly served as Deputy Assistant Secretary for Policy in the Department of Homeland Security.

He is currently a Professorial Lecturer in Law at George Washington University, and a Senior Fellow in the Tech, Law & Security Program at the American University, Washington College of Law.  He also serves as an advisor to and former member of the American Bar Association Standing Committee on Law and National Security, and a Contributing Editor of the Lawfare blog.  He is a member of the ABA President’s Task Force on Law and Artificial Intelligence, and the ABA Cybersecurity Legal Task Force. 

Mr. Rosenzweig is a cum laude graduate of the University of Chicago Law School.  He has an M.S. in Chemical Oceanography from the Scripps Institution of Oceanography, University of California at San Diego and a B.A from Haverford College.  Following graduation from law school he served as a law clerk to the Honorable R. Lanier Anderson, III of the United States Court of Appeals for the Eleventh Circuit. 


The Department of Justice Office of Privacy and Civil Liberties (OPCL) provides administrative support to the DPRC.

For any questions, please contact OPCL at

Updated April 8, 2024