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The Lawfare Podcast

Lawfare Daily: National Security, Counterintelligence, and Counterespionage: A Guide for the Perplexed

The Lawfare Podcast

The Lawfare Institute

News, International Law, Foreign Policy, Military, Intelligence, Government, National Security, Rule Of Law, Constitutional Law, Law, Terrorism, Current Events, History, Diplomacy, Politics, International Relations

4.76.4K Ratings

🗓️ 18 March 2026

⏱️ 51 minutes

🧾️ Download transcript

Summary

In today's episode, Lawfare Senior Editor Michael Feinberg sits down with his former FBI colleague retired Assistant Special Agent in Charge Derek Pieper to discuss the differences between counterintelligence and counterespionage investigations, the skill sets needed for each, and the dangers of politicizing the cases.

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Transcript

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0:00.0

The Electronic Communications Privacy Act turns 40 this year, and it's showing its age.

0:06.0

On Friday, March 6th, Lawfare and Georgetown Law are bringing together leading scholars,

0:11.1

practitioners, and former government officials for installing updates to ECPA, a half-day event

0:16.6

on what's broken with the statute and how to fix it. The event is free and open to the public, in person and online.

0:23.2

Visit lawfaremedia.org slash ECPA event.

0:26.4

That's lawfaremedia.org slash ECPA event for details and to register.

0:35.7

Counterintelligence has been around forever.

0:37.8

I mean, espionages is what the second oldest profession.

0:40.6

So, I mean, in the way that they conducted espionage is essentially, you know, the technology is different.

0:48.7

But I mean, the goals and the aims are really the same to get up and get an advantage over your global adversary.

0:56.4

It's the Lawfare podcast. I'm Lawfare Senior Editor Michael Feinberg with former FBI

1:03.3

assistant special agent in charge Derek Piper, who oversaw a counterintelligence branch at the

1:10.1

Washington Field Office.

1:12.5

You know, the idea that any agent is sitting there culling through data, trying to find the next case,

1:22.0

they're too busy for that.

1:23.1

You know, you deal with the ones that actually rise to a level that they could be predicated.

1:29.2

Nobody's got time to, you know, say, hey, I'm going to target this person.

1:34.0

Today we'll be discussing the difference between counterintelligence and counter espionage,

1:39.2

the skill sets needed for each, and what happens when these cases become overly politicized?

1:46.0

The reason we're doing this now is that, as most people know, roughly two weeks ago on a

1:53.2

Friday evening, the news media began reporting that at the FBI's Washington Field Office,

1:59.7

a squad which focused, among other things,

...

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