National Security Law Today: Recent Episodes
National Security Law Today
National Security Law Today brings legal experts discussing the hot topics and current issues in the world of national security law right to your phone. Get information and advice for lawyers, law students or interested parties who want to dig deeper into the law that protects the country.
As artificial intelligence reshapes the economy, what happens when fewer workers are earning wages and contributing to the tax base? This week, Elisa is joined by Lee Lockwood, an economics professor at the University of Virginia, to examine the possibility of a modern “Engels’ Pause,” a prolonged period in which technological progress increases productivity and wealth without improving conditions for workers. Together, they explore how widespread automation could affect employment, inequality, government revenue, capital investment, and national security—and what history can teach us about navigating a post-labor economy.
Lee Lockwood is a professor of economics at the University of Virginia whose research focuses on transformative artificial intelligence, public finance, and labor economics.
References:
- Korinek, Anton, and Lee M. Lockwood. “Public Finance in the Age of AI: A Primer.” Brookings Center on Regulation and Markets, Nov. 2025.
- Register for our upcoming event: From Public Service to Private Sector: In-House Counsel Navigating Modern Security Threats – Tues., Sept. 1, at 6PM. at Greenberg Traurig LLP – co-hosted by the Women in National Security Law Initiative
- Register for the 36th Annual Review of National Security Law CLE Conference – Oct. 8th-9th, at the Omni Shoreham hotel in Washington, DC
In this news roundup, Elisa examines how emerging technologies, economic competition, and shifting methods of warfare are reshaping the national security landscape. She covers the Pentagon’s investment in low-cost drones, Ukraine’s continued use of unmanned systems against Russia, China’s dominance of critical minerals and AI development, the growing use of cryptocurrency to evade sanctions, and renewed debates over tariffs, energy policy, and economic security. Elisa also previews an upcoming series exploring how AI and other disruptive technologies could affect the U.S. economy—and what legal and policy tools may be available to address those risks without stifling innovation.
References:
- Register for our upcoming event: From Public Service to Private Sector: In-House Counsel Navigating Modern Security Threats – Tues., Sept. 1, at 6PM. at Greenberg Traurig LLP – co-hosted by the Women in National Security Law Initiative.
- Register for the 36th Annual Review of National Security Law CLE Conference – Oct. 8th-9th, at the Omni Shoreham hotel in Washington, DC
- Chainalysis, “Crypto Crime Reaches Record High in 2025 as Nation-State Sanctions Evasion Moves On-Chain at Scale” (January 8, 2026)
- The White House, “Actions by the United States in the Investigations Under Section 301 of the Trade Act of 1974,” presidential memorandum, July 23, 2026.
In Part 2 of their conversation, Elisa and Fordham Law Professor Doni Bloomfield examine whether the modern export-control system is equipped to govern emerging technologies like AI, quantum computing, and advanced semiconductors. Together, they explore trade-secret theft, intellectual property rights, restrictions on scientific research, and the challenge of protecting national security without stifling innovation.
Doni Bloomfield is an Associate Professor of Law at Fordham Law School whose work focuses on intellectual property, biosecurity, national security law, and health law.
References:
- Bloomfield, Doni. “Export Controls as Intellectual Property Regulation.” Iowa Law Review, vol. 111, 2026, pp. 1955–2005.
- Bloomfield, Doni, and Jeff Gordon. “The New Export-Control Equilibrium.” SSRN, Fordham Law Legal Studies Research Paper no. 6634758, 23 Apr. 2026
- Trading With The Enemy Act of 1917
- The Espionage Act (1917)
- The Sedition Act (1918)
- The Invention Secrecy Act (1951)
- Gross, Daniel P. “The Consequences of Invention Secrecy.” NBER Working Paper no. 25545, 2019.
- National Security Decision Directive 189
- Export Control Reform Act of 2018
- NSLT, Ep. 419, "Biological Data Governance in an Age of AI with Doni Bloomfield"
Export controls have long determined which American technologies can cross borders—and which must remain secret. In Part 1 of this two-part series, Elisa is joined by Professor Doni Bloomfield to trace the evolution of U.S. export controls from World War I through the Cold War, examining how wartime censorship, patent secrecy, atomic technology, semiconductors, and cryptography shaped the modern regulatory system. Together, they explore the government’s expanding role in restricting sensitive information, the tension between national security and scientific openness, and the historical foundations of today’s debates over emerging technology.
Doni Bloomfield is an Associate Professor of Law at Fordham Law School whose work focuses on intellectual property, biosecurity, national security law, and health law. References:
- Bloomfield, Doni. “Export Controls as Intellectual Property Regulation.” Iowa Law Review, vol. 111, 2026, pp. 1955–2005.
- Bloomfield, Doni, and Jeff Gordon. “The New Export-Control Equilibrium.” SSRN, Fordham Law Legal Studies Research Paper no. 6634758, 23 Apr. 2026
- Trading With The Enemy Act of 1917
- The Espionage Act (1917)
- The Sedition Act (1918)
- The Invention Secrecy Act (1951)
- Gross, Daniel P. “The Consequences of Invention Secrecy.” NBER Working Paper no. 25545, 2019.
- National Security Decision Directive 189
AI, quantum computing, and cyber capabilities are redefining what national security threats look like. This week, Elisa is joined by Rob Joyce, former Director of the NSA’s Cybersecurity Directorate, for a conversation on how emerging technologies are altering both the threat landscape and the national security response. Drawing on Joyce’s 34-year career at the National Security Agency, the episode explores AI-enabled cyber risks, the defense of critical infrastructure, government-industry collaboration, quantum readiness, and the workforce needed to navigate the next phase of national security.
Rob Joyce is the founder of Joyce Cyber LLC and a former senior NSA cybersecurity leader who served more than 34 years at the agency, including as head of Tailored Access Operations and the Cybersecurity Directorate.
References:
Post Quantum Cryptography Strategy. Department of War. April 16 2026
E.O. 14413: Ushering in the Next Frontier of Quantum Innovation
The Department of Justice’s National Security Division marks 20 years at the center of the federal government’s national security mission. This week, we're featuring a recent live discussion hosted by the ABA Standing Committee on Law and National Security, “DOJ National Security Division 20th Year Anniversary: A Discussion with Former Assistant Attorneys General for National Security.” Moderated by Kelli Andrews, former NSD Chief of Staff, the panel brings together former Assistant Attorneys General Matthew G. Olsen, John Demers, John P. Carlin, and Kenneth L. Wainstein to reflect on NSD’s work addressing nation-state threats, foreign investment risks, espionage, cyber attacks, terrorism, and other evolving national security challenges.
Moderated by Kelli Andrews, Senior Director for Cybersecurity and Lawful Access Policy at Microsoft
Matthew G. Olsen is a Partner at WilmerHale John Demers is the Corporate Secretary, Vice President and Assistant General Counsel at Boeing John P. Carlin is a Partner at Paul Weiss
Kenneth L. Wainstein is a Partner at Mayer Brown
References:
NSIT: Quantum Computing Explained E.O. 14413: Ushering in the Next Frontier of Quantum Innovation
Alexandra Kelley. “OMB Issues Instructions for Agency Migration to Quantum-Proof Encryption.” Nextgov/FCW, 25 June 2026.
NSLT, Ep. 426, "A New Iran Deal? Unpacking the MOU with Brian Egan"
Watch for conference and registration information for the 36th Annual Review of the Field of National Security Law CLE Conference – October 7-8, 2026, Omni Shoreham Hotel, Washington, DC
The new Iran memorandum is raising old questions about war powers, diplomacy, and congressional oversight. This week, Elisa is joined by Brian Egan, current partner at Skadden and former State Department Legal Adviser and Deputy White House Counsel, to examine the Trump administration’s 14-point memorandum of understanding with Iran and how it compares to the JCPOA. Together, they break down what legal force an MOU may carry, what it could mean for sanctions, inspections, frozen funds, and regional security, and why the Algiers Accords still matter when assessing major international agreements.
Brian J. Egan is a partner in Skadden’s National Security Group, where he leads the firm’s CFIUS, export controls, and sanctions practices.
References:
- Islamabad Memorandum of Understanding Between the Islamic Republic of Iran and the United States of America. NPR, 18 June 2026
- The Joint Comprehensive Plan of Action (JCPOA)
- The Algiers Accords
FISA 702 is back at the center of the national security debate. This week, Elisa is joined by Glenn Gerstell, senior advisor at the Center for Strategic and International Studies and former General Counsel of the National Security Agency, to break down what FISA Section 702 does, what happened when it lapsed, and what could be at stake if Congress fails to act. Later, Elisa walks through several developments shaping the national security landscape, including proposals for government stakes in AI companies, weapons production among U.S. allies, critical minerals deals, and the spread of online-fueled violence.
Glenn Gerstell is a senior adviser at the Center for Strategic and International Studies and former General Counsel of the National Security Agency.
References:
- FISA Section 702
- EO 12333
- The Stored Communications Act (SCA)
- The SAVE America Act
- The American AI Sovereign Wealth Fund Act
- Strategic Partnership Agreement Between the Government of the United States of America and the Government of the Democratic Republic of the Congo
- NSLT, Ep. 421, "Cognitive Warfare: AI, False Realities, and the Laws of War with Gary Corn"
- McClements, Freya. “Study Finds ‘Alarming’ Role Played by Social Media in Sparking Racial Intimidation in North.” The Irish Times, 2 May 2025.
- Section 721 of the Defense Production Act
- The Department of Justice’s First Lawsuit Enforcing a Presidential Order Under Section 721 of the Defense Production Act
A new AI executive order is raising big questions about innovation, security, and government oversight. This week, Elisa speaks with Josh Geltzer, Partner at WilmerHale and former Deputy White House Counsel and Legal Advisor to the National Security Council, about the Trump administration’s new framework for securing frontier AI models before they reach the public. Together, they explore what voluntary early access could mean for leading AI companies, how the federal government may respond to national security risks, and whether this kind of public-private process could eventually evolve into a stronger legal framework.
Josh Geltzer is a Partner at WilmerHale, where he focuses on national security issues including artificial intelligence, cybersecurity, CFIUS, crisis management, and national security-related litigation.
References:
- Executive Order: “Promoting Advanced Artificial Intelligence Innovation and Security.” The White House, June 2, 2026.
- Executive Order: “Ensuring a National Policy Framework for Artificial Intelligence.” The White House, December 11, 2025.
- The Computer Fraud and Abuse Act (CFAA)
- Subscribe to our YouTube
Project Maven stands as one of the earliest and most consequential efforts to bring AI into military operations. This week, Elisa sits down with Lt. Gen. Jack Shanahan, former Director of the Department of Defense’s Joint Artificial Intelligence Center and founding Director of Project Maven, to explore how AI entered the battlefield and why it became a strategic priority for the U.S. military. Together, they examine the development of Project Maven, the challenges of using massive troves of defense data, the risks of data manipulation, and how the U.S. can think responsibly about AI, autonomy, and military advantage in the decades ahead.
Lt. Gen. John “Jack” Shanahan, USAF Ret., is the former inaugural Director of the Department of Defense’s Joint Artificial Intelligence Center and founding Director of Project Maven, the DoD’s first operational AI program.
References:
- Manson, Katrina. Project Maven: A Marine Colonel, His Team, and the Dawn of AI Warfare. W. W. Norton & Company, 2026.
This week, we revisit Elisa’s conversation with Margaret Hu, Professor of Law at William & Mary, and Davi Ottenheimer, Vice President of Trust and Digital Ethics at Inrupt, to examine the vulnerabilities embedded in our digital footprints. Together, they discuss microtargeting, the exploitation of personal data, and how a stronger federal data privacy framework could better protect individuals, institutions, and public trust.
Margaret Hu is the Taylor Reveley Research Professor and Professor of Law, and Director of the Digital Democracy Lab, at William & Mary Law School
Davi Ottenheimer is Vice President of Trust and Digital Ethics at Inrupt
References:
- Register: Luncheon program featuring former DOJ Assistant Attorneys General for National Security – June 4th at 12PM, at the University Club in Washington DC
- Subscribe to our Youtube
- Ep. 340, Unchecked AI and the Exploitation of Personal Data: National Security Implications with Margaret Hu and Davi Ottenheimer (Part 2)
- Ep. 179, Algorithms – Who's in Control? with Alex Stamos (Part 1)
- Ep. 180, Algorithms – Who’s in Control? with Alex Stamos (Part 2)
- Ep. 411, Russia’s War of Attrition: Massive Losses and Tiny Gains with Seth Jones
- Ep. 416, The Drone Disruption: How Autonomous Systems Are Reshaping the Battlefield with Dawn Zoldi
- California SB 1386, Overview
- The General Data Protection Regulation (GDPR)
- The EU Artificial Intelligence Act, Overview
AI and the modern information ecosystem are making reality harder to verify, and easier to weaponize. This week, Elisa Poteat is joined by Gary Corn, Program Director and Adjunct Professor of Technology, Law and Security at American University Washington College of Law, to discuss his recent article, “Cognitive Warfare: Generative AI, False Realities, and International Humanitarian Law.” Together, they explore how cognitive warfare has been used throughout history, how deepfakes and synthetic media could accelerate its effects, and what international humanitarian law can, and cannot, do to address the risks AI poses to civilians, truth, and modern conflict.
Professor Gary Corn is Director of the Technology, Law & Security Program and an adjunct professor of cyber and national security law and the law of armed conflict at American University Washington College of Law.
References:
- Corn, Gary P. “Cognitive Warfare: Generative AI, False Realities, and International Humanitarian Law.” American University Washington College of Law, 2025.
- Sun-tzu. The Art of War. Translated by Lionel Giles, Project Gutenberg, 1994.
- Video Series: Operation InfeKtion. The New York Times Opinion, 2018.
- The Law of Armed Conflict Overview
- U.S. Constitution, Article IV: Relationships Between the States. Legal Information Institute, Cornell Law School.
- Gary Corn Articles of War Profile. Lieber Institute for Law & Warfare, United States Military Academy at West Point.
- NSLT, Ep. 339, "Unchecked AI and the Exploitation of Personal Data: National Security Implications with Margaret Hu and Davi Ottenheimer (Part 1)"
- NSLT, Ep. 411, "Russia’s War of Attrition: Massive Losses and Tiny Gains with Seth Jones"
- NSLT, Ep. 416, "The Drone Disruption: How Autonomous Systems Are Reshaping the Battlefield with Dawn Zoldi"
As AI becomes more deeply embedded in government and national security systems, one question grows harder to ignore: can these tools actually be secured? This week, Elisa is joined by Disesdi Shoshana Cox, CEO and Head of Research at Bermuda Hundred Strategies, to examine the cybersecurity risks behind AI integration. Together, they discuss whether AI models can be corrected after harmful inputs, how threat modeling can help secure national security use cases, and why prompt injections pose a serious risk as AI systems become more widely deployed across government.
Shoshana Cox is the CEO and Head of Research at Bermuda Hundred Strategies and an AI security architect, researcher, and strategist whose work focuses on AI threat modeling, MLSecOps, and defensive architectures for mission-critical systems.
References:
- Cox, S. Securing AIML Systems in the Age of Information Warfare. Critical Alliance, Apr. 2022
- Cox, S. Agentic AI Red Teaming Guide. Cloud Security Alliance, 28 May 2025
- Shoshana's Substack
- Subscribe to Angles of Attack Newsletter
AI is unlocking new speed and power in biological research, creating opportunities for medical breakthroughs while raising new questions about oversight. This week, Elisa sits down with Doni Bloomfield, Associate Professor of Law at Fordham University, to discuss his recent report, Biological Data Governance in an Age of AI, and the growing risks of training AI models on sensitive viral and genetic information. Together, they explore how AI-powered virus research could shape future treatments, while examining the biosecurity risks of open scientific access and what thoughtful oversight might require.
Doni Bloomfield is an Associate Professor of Law at Fordham Law School whose work focuses on intellectual property, biosecurity, national security law, and health law.
References:
- Bloomfield, Doni et al. “Biological data governance in an age of AI.” Science (New York, N.Y.) vol. 391,6785 (2026): 558-561
- Turner, Stephen D. “Tiered Access for AIxBio Governance.” Paired Ends, 9 Feb. 2026.
- Amodei, Dario. “The Adolescence of Technology: Confronting and Overcoming the Risks of Powerful AI.” Dario Amodei, Jan. 2026.
- NIH All of Us Research Program
- The White House. America’s AI Action Plan. Washington, DC: The White House, July 2025.
- Supreme Court of Alabama. Laurie Ibach and Mark Stewart v. Bruce Stewart, No. SC-2025-0106, Apr. 24, 2026.
As artificial intelligence accelerates, questions about its origins—and underlying assumptions—are becoming harder to ignore. This week, Elisa sits down with filmmaker Valerie Veatch to explore her latest documentary, Ghost in the Machine, which traces the intellectual roots of AI back to the eugenics movement. Together, they examine how these early ideologies may still echo in today’s AI systems, what it means for a workforce increasingly shaped by automation, and how unchecked technological progress can lead to unintended consequences.
Valerie Veatch is a writer, director, and producer of documentary films, including Me @ the Zoo, Love Child, and her latest release, Ghost in the Machine.
References:
- McQuillan, Dan. Resisting AI: An Anti-fascist Approach to Artificial Intelligence. Bristol University Press, 2022.
- Bender, Emily M., and Alex Hanna. The AI Con: How to Fight Big Tech’s Hype and Create the Future We Want. Harper, 2025.
- Becker, Adam. More Everything Forever: AI Overlords, Space Empires, and Silicon Valley’s Crusade to Control the Fate of Humanity. Basic Books, 2025.
- Sacks, David O., and Peter Thiel. The Diversity Myth: Multiculturalism and Political Intolerance on Campus. Independent Institute, 1998.
- “Q-Day Just Got Closer: Three Papers in Three Months Are Rewriting the Quantum Threat Timeline.” The Quantum Insider, 31 Mar. 2026
When cyberattacks target hospitals, infrastructure, and everyday systems, the line between battlefield and civilian life begins to blur. This week, Elisa is joined by Ricoh Danielson, a cybersecurity expert, U.S. Army veteran, and CEO of 1st Responder Cyber, to unpack Iran’s expanding cyber operations and what they reveal about modern warfare. Drawing on recent attacks and long-standing tactics, they examine how Iran uses cyber tools to project power, exploit both human and technical vulnerabilities, and disrupt essential services.
Ricoh Danielson is a U.S. Army combat veteran, digital forensics expert, cybersecurity leader, and CEO of 1st Responder Cyber.
References:
NSLT, Ep. 416, "The Drone Disruption: How Autonomous Systems Are Reshaping the Battlefield with Dawn Zoldi". April 14 2026.
What happens when weapons that cost a few thousand dollars can rival—and even outmaneuver—systems worth millions? This week, Elisa is joined by Dawn Zoldi, a retired Air Force Colonel, attorney, and founder of P3 Tech Consulting, to break down the rapid rise of drone warfare and its growing impact on global conflict. Drawing on examples from Ukraine, Iran, and across the Middle East, they explore how inexpensive drones are transforming military strategy, how AI is reshaping their capabilities, and what it means for those operating far from the battlefield. From swarm technology to legal accountability, the conversation also looks ahead—examining how autonomous drone systems could reshape private sector and industrial roles, taking on tasks once considered too dangerous, costly, or complex for humans.
Dawn Zoldi is a retired Air Force Colonel, licensed attorney, CEO & Founder of P3 Tech Consulting, Publisher of Autonomy Global and an internationally recognized expert on uncrewed aircraft system law and policy.
Autonomy Global is the leading digital media platform providing cutting-edge insights on autonomous technologies, featuring the latest news, industry trends, policies and expert analysis on dual-use drones, eVTOLs, robotics, space, maritime and enabling technologies worldwide.
References:
- Tune in to the Dawn of Autonomy Podcast
- Subscribe to the Autonomy Global Newsletter
- Article: Zoldi, Dawn. “Burning Down the Miracles: Inside Skunk Works’ Next Long-Range Kill Chain Breakthroughs.” Autonomy Global, 26 Feb. 2026
- NSLT Ep. 123, "Drones in the Pandemic with Dawn Zoldi". May 7 2020.
- U.S. Department of War Statement on DJI Systems
- The Law of Armed Conflict Overview
- The Rules of Engagement (ROE) Overview
- XPONENTIAL 2026 – May 11th-14th in Detroit, MI
A fragile ceasefire between the United States and Iran has paused active hostilities—but major questions remain about what comes next. This week, we feature a recent live panel discussion, “Assessing the War with Iran: Military Policy and Legal Perspectives,” co-hosted by the ABA Standing Committee on Law and National Security and Syracuse University’s Institute for Security Policy and Law. Moderated by Judge James Baker and featuring retired Vice Admiral Robert Murrett and Elisa Ewers, the panel examines the strategic, legal, and economic dimensions of the conflict. Recorded just prior to the ceasefire, the conversation explores U.S. military objectives, the legal authorities underpinning action, potential exit strategies, and the broader global implications of escalation in the region.
Introductions by Stephen Preston, Chair of the ABAs Standing Committee on Law and National Security and Partner at WilmerHale
Moderated by Judge James Baker, Director of the Syracuse University Institute for Security Policy and Law and a Professor of Law at Syracuse University
Robert Murrett is Deputy Director of the Institute for Security Policy and Law at Syracuse University
Elisa Ewers is a Senior Fellow at the Council on Foreign Relations and an Adjunct Senior Fellow at RAND and the Center for a New American Security
References:
ABA Standing Committee on Law and National Security Webpage
As the conflict with Iran evolves, cyber capabilities are proving just as consequential as traditional military force. This week, Elisa sits down with Matt Suiche, founder of OnDB and a former hacker, to examine how cyber operations shape intelligence gathering, targeting, and real-time decision-making in modern conflict. Together, they explore the vulnerabilities of AI systems, the physical risks to critical infrastructure like data centers and undersea cables, and what these emerging threats reveal about the limits of technology in high-stakes warfare.
Matt Suiche is a cybersecurity researcher and founder of OnDB Inc., a data infrastructure startup for the agentic economy.
References:
- NSLT Episode: Elemental Power: Mining, Markets, and the Critical Minerals Challenge with Tommy Beaudreau (Part 1). Feb 18 2025
- NSLT Episode: Seabed Mining as a National Security Threat: The Laws of the Sea with Matt Dianni (Part 1). Jan. 13 2022
- NSLT Episode: Profiting from Polarization: The Economics of America’s Culture War. Nov. 26 2025
- The New York Times. "Meta and YouTube Found Negligent in Landmark Social Media Addiction Trial." 25 Mar. 2026
As tensions in the Strait of Hormuz disrupt global markets, they reflect a broader set of unconventional strategies Iran has deployed for decades. This week, Elisa sits down with Alamdar Hamdani, former U.S. Attorney for the Southern District of Texas and current partner at Bracewell, to examine how Iran leverages asymmetric tactics—from cyber operations and proxy forces to sanctions evasion and maritime disruption. Together, they explore how these strategies intersect with U.S. national security law, energy markets, and the evolving role of lawyers navigating global instability.
Alamdar Hamdani is a partner at Bracewell LLP and previously served as the United States Attorney for the Southern District of Texas
References:
- The International Emergency Economic Powers Act (IEEPA)
- The Material Support Statute
- The Export Administration Regulations (EAR) Overview
- The International Traffic in Arms Regulations (ITAR) Overview
- "Justice Department Files Action to Protect National Security by Enforcing President’s Order of Chinese Company’s Divestment from U.S. Company." Office of Public Affairs, 10 Feb. 2026
- NSLT Episode, "Held as Leverage: Iran, Hostage Diplomacy, and the Fight for Release with Kieran Ramsey" March 18 2026.
- NSLT Episode, "From Pipelines to Prisoners: Security in the Energy Sector with Kieran Ramsey (Part 1)" June 4 2025
- NSLT Episode, "The Lawless Secrecy of International Shipping with Matthew Campbell (Part 1)" June 23 2022
- Campbell, Matthew, and Kit Chellel. Dead in the Water: A True Story of Hijacking, Murder, and a Global Maritime Conspiracy. Penguin Random House, 2022
As tensions with Iran persist, the issue of wrongful detention remains a critical but often overlooked national security concern. This week, Elisa sits down with Kieran Ramsey, former Director of the FBI’s Hostage Recovery Fusion Cell and current Chief Investigative Officer at Global Reach, to examine how countries like Iran use arbitrary detention—and how these cases are tracked and challenged on the global stage. The episode also includes audio from our recent luncheon with journalist Jason Rezaian, who recounts his 544 days of detention in Tehran’s Evin Prison and reflects on how his experience intersects with law, diplomacy, and the human cost of these high-stakes cases.
Kieran Ramsey is Chief Investigative Officer at Global Reach, a private company that deals with individuals wrongfully held or taken hostage around the world.
References:
The Joint Comprehensive Plan of Action (JCPOA)
The UN Working Group on Arbitrary Detention
E.O. 14248, Strengthening Efforts to Protect U.S. Nationals from Wrongful Detention Abroad
Rezaian, Jason. Prisoner: My 544 Days in an Iranian Prison. HarperCollins, 2019
Four years into Russia’s invasion of Ukraine, the war has become a slow-moving conflict defined by massive losses and limited gains on the battlefield. This week, Elisa sits down with Seth Jones, President of the Defense and Security Department and Harold Brown Chair at the Center for Strategic and International Studies, to discuss findings from his latest report, Russia’s Grinding War: Massive Losses and Tiny Gains for a Declining Power. Together they examine Russia’s staggering casualty numbers, the slow pace of its advance, and what these trends reveal about Russia’s long-term economic and geopolitical trajectory.
Seth Jones is President of the Defense and Security Department and Harold Brown Chair at the Center for Strategic and International Studies (CSIS)
References:
- Report: Jones, Seth G., and Riley McCabe. Russia’s Grinding War in Ukraine: Massive Losses and Tiny Gains for a Declining Power. Center for Strategic and International Studies, 27 Jan. 2026.
- VideoCast: Are Russia and Ukraine Headed to 2 Million Casualties? CSIS. Jan. 30 2026
- Stanford University's Global AI Vibrancy Tool
- The Warsaw Pact, 1955
A standoff between the Pentagon and one of the world’s leading AI companies is raising new questions about the limits of government authority. This week, Elisa sits down with Alan Rozenshtein, Associate Professor of Law at the University of Minnesota and Research Director at Lawfare, to unpack the dispute between the Department of War and Anthropic over the use of advanced AI tools. Together, they explore whether existing law can compel technology companies to cooperate with national security demands and what the Defense Production Act might mean in the age of artificial intelligence.
Alan Rozenshteinis an Associate Professor of Law at the University of Minnesota and Research Director at Lawfare
References:
- Endrias, Michael, and Alan Z. Rozenshtein. “Pentagon’s Anthropic Designation Won’t Survive First Contact with Legal System.” Lawfare, 2 Mar. 2026.
- The Defense Production Act
- DoD Directive 3000.09, “Autonomy in Weapon Systems,” November 21, 2012
- E.O. 14365, "Ensuring a National Policy Framework for Artificial Intelligence"
- 10 US Code 3252
- IEEPA
- NSLT, Ep. 392, "Empire AI: OpenAI’s Rise and the Race for Global Power with Karen Hao"
- NSLT, Ep. 399, "Crash, Bailout, or Breakthrough? The Future of America’s AI Bet"
As tensions rise and the United States surges military assets into the Middle East, a critical question emerges: what happens to a nuclear program if a government collapses? This week, Elisa sits down with David Albright, founder of the Institute for Science and International Security, to assess the risks surrounding Iran’s nuclear capabilities and the consequences of regime instability. Drawing on historical precedent and insights from his recent op-ed, they examine what sites must be secured, why advance planning is essential, and whether the U.S. and its allies are prepared to prevent sensitive nuclear material from falling into the wrong hands.
David Albright is founder and President of the non-profit Institute for Science and International Security in Washington, D.C
EVENT: Register for our in-person luncheon on March 5 in Washington, D.C., featuring journalist Jason Rezaian and attorney David Bowker on hostage diplomacy and the wrongful detention of Americans overseas. View the full program here.
References:
Albright, David, and Andrea Stricker. “The Nuclear Threat After Tehran Falls.” The Wall Street Journal, 2 Feb. 2026.
This week, we revisit a foundational conversation on the Insurrection Act, originally recorded in June 2020 with William Banks and Harvey Rishikof. Together, they trace the Act’s history, unpack the scope of presidential authority it confers, explain how it may be invoked, and examine the constitutional principles that should guide its use.
William Banks is former Chair of the Standing Committee on Law and National Security
Harvey Rishikof is Senior Counselor of the ABA Standing Committee on Law and National Security
EVENT: Register for our in-person luncheon on March 5 in Washington, D.C., featuring journalist Jason Rezaian and attorney David Bowker on hostage diplomacy and the wrongful detention of Americans overseas. View the full program here.
References:
- The Insurrection Act
- Posse Comitatus Act
- Banks, William C., and Stephen Dycus. Soldiers on the Home Front: The Domestic Role of the American Military. Cambridge, MA: Harvard University Press, 2016.
- Banks, William C. “Providing ‘Supplemental Security’–The Insurrection Act and the Military Role in Responding to Domestic Crises.” Journal of National Security Law & Policy, vol. 3, Dec. 15, 2009
In this News Roundup, Elisa unpacks the latest AI-driven developments making headlines—from Chinese financing across U.S. energy and data infrastructure to emerging battlefield AI systems and early research raising concerns about AI-generated pathogens. She also examines evolving strategies for powering data centers, the strategic implications of a potential SpaceX–xAI alignment, and how Anthropic’s latest model signals a new phase in the global AI race.
EVENT: Register for our in-person luncheon on March 5 in Washington, D.C., featuring journalist Jason Rezaian and attorney David Bowker on hostage diplomacy and the wrongful detention of Americans overseas. View the full program here.
References:
- NSLT Ep. 127, The Insurrection Act Today with William Banks and Harvey Rishikof
- Parks, B. C., Zhang, S., Escobar, B., Walsh, K., Fedorochko, R., Vlasto, L., et al. (2025). Chasing China: Learning to Play by Beijing’s Global Lending Rules. Williamsburg, VA: AidData at William & Mary
America’s relationship with Venezuela has long been shaped by power, politics, and law, often in uneasy combinations. This week, Elisa Poteat is joined by Brian Egan, partner at Skadden and former State Department Legal Adviser, to examine the legal foundations of U.S. engagement with Venezuela, from maritime interdictions and sanctions to questions of war powers and executive authority. Drawing on history, international law, and recent developments, they explore how past interventions continue to shape today’s national security decisions and what lawyers should be watching for next.
Brian Egan is a Partner in National Security, CFIUS, and International Trade at Skadden
References:
- EVENT: Join us for our upcoming luncheon, Hostage Diplomacy and the Rule of Law: The Wrongful Detention of American Citizens, on March 5 at the Army Navy Club in Washington, D.C.
- UN Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances, 1988
- UN Convention on the Law of the Sea
- The Maritime Drug Law Enforcement Act
- UN Charter Full Text
- S.J.Res.98 - A joint resolution to direct the removal of United States Armed Forces from hostilities within or against Venezuela that have not been authorized by Congress.
- The War Powers Resolution
- Reuters. “US Approves Possible Sale of Equipment, Services to Shift Peruvian Naval Base.” Reuters, 15 Jan. 2026
- Nantulya, Paul. "Mapping China’s Strategic Port Development in Africa." Africa Center for Strategic Studies, 10 Mar. 2025
As AI becomes central to national security, alignment itself may introduce new risks. This week, Elisa Poteat is joined by Dr. Michael Vaiana, Research Director at AE Studio, to examine how AI alignment, model testing, and system integration shape both defensive and offensive security capabilities. Together, they explore red teaming, data poisoning, under-researched risks, and what policymakers need to understand about how AI systems behave when deployed at scale.
Dr. Michael Vaianais a Research Director at AE Studio
References:
The Dwarkesh Podcast: Ilya Sutskever – We're moving from the age of scaling to the age of research. Nov. 25 2025.
In Part 2 of their discussion, Elisa Poteat and Josh Geltzer look beyond the NDAA to explore how executive authority, outbound investment restrictions, and state-level efforts are shaping the evolving framework for AI regulation and national security.
Joshua Geltzer is a Partner at WilmerHale, focusing on artificial intelligence, CFIUS, crisis management, cybersecurity and national security-related litigation.
References:
- The National Defense Authorization Act for Fiscal Year 2026 (Full Text)
- Geltzer, Joshua A., et al. “What the NDAA Means for AI and Cybersecurity.” WilmerHale, 19 Dec. 2025
- California SB-53 – Artificial intelligence models: large developers (Full Text)
- E.O. 14365 – Ensuring a National Policy Framework for Artificial Intelligence
- Colorado SB24-205 – Consumer Protections for Artificial Intelligence
- NY State RAISE Act
- Texas Responsible Artificial Intelligence Governance Act
The latest National Defense Authorization Act marks a concrete step in how the Department of Defense is beginning to define, assess, and manage the use of artificial intelligence across its operations. This week, Elisa Poteat is joined by Josh Geltzer, partner at WilmerHale and former Deputy Assistant to the President, to break down what the NDAA outlines when it comes to AI governance. Together, they walk through new assessment frameworks and workforce initiatives: what Congress included, what it left out, and what that reveals about how AI is taking shape inside the national security apparatus.
Joshua Geltzer is a Partner at WilmerHale, focusing on artificial intelligence, CFIUS, crisis management, cybersecurity and national security-related litigation.
References:
- The National Defense Authorization Act for Fiscal Year 2026 (Full Text)
- Geltzer, Joshua A., et al. “What the NDAA Means for AI and Cybersecurity.” WilmerHale, 19 Dec. 2025
- California SB-53 – Artificial intelligence models: large developers (Full Text)
- Geltzer, Joshua A., et al.“Transparency in Frontier Artificial Intelligence: Act SB-53 California Requires New Standardized AI Safety Disclosures.” WilmerHale Privacy and Cybersecurity Law Blog, 1 Oct. 2025
The year ahead points to a new era of technology-driven defense. This week, we share a keynote address from the 35th Annual Review of the Field of National Security Law CLE Conference titled “Arms, AI, and the Future of Defense.” Christian Brose, President and Chief Strategy Officer of Anduril Industries, examines how AI, autonomous systems, and commercial innovation are reshaping the defense ecosystem—and what it will take to sustain military advantage. Following opening remarks by Erik Swabb, moderator Mackenzie Eaglen joins Christian Brose for a wide-ranging discussion on acquisition reform, re-industrialization, the role of private capital, and the evolving dynamics of strategic competition.
Keynote remarks by Christian Brose, President and Chief Strategy Officer of Anduril Industries
Moderated byMackenzie Eaglen, Senior Fellow at the American Enterprise Institute
Introductions by Erik Swabb, Partner at WilmerHale
References:
- Book: Brose, Christian. The Kill Chain: Defending America in the Future of High-Tech Warfare. Grand Central Publishing, 2020.
- Audio Recordings from the 35th Annual Review of the Field of National Security Law Conference
A handful of tech billionaires now wield outsized influence over the U.S. economy—and increasingly, over national security itself. This week, Elisa sits down with Justin Sherman, founder and CEO of Global Cyber Strategies and author of Navigating Technology and National Security, to unpack how advanced AI systems, high-powered chips, and global investment flows collide with U.S. security law. Using a provocative hypothetical, they explore the role of export controls, CFIUS, outbound investment screening, and bulk data regulations—and what happens when companies push right up against the boundaries of oversight.
Justin Sherman is the founder and CEO of Global Cyber Strategies, a Washington, DC-based research and advisory firm.
References:
- Sherman, Justin. Navigating Technology and National Security: The Intersection of CFIUS, Team Telecom, AI Controls, and Other Regulations. Wiley, 2025.
- McFaul, Cole, Sam Bresnick, and Daniel Chou. Pulling Back the Curtain on China’s Military-Civil Fusion: How the PLA Mobilizes Civilian AI for Strategic Advantage. Center for Security and Emerging Technology, September 2025. CSET
Artificial intelligence is reshaping the security landscape faster than policy can keep pace. This week, we bring you a special episode recorded live at the 35th Annual Review of the Field of National Security Law Conference: “The AI Arms Race and National Security Law.” Moderated by Margaret Hu, Professor of Law and Director of Digital Democracy Law at William & Mary Law School, the panel examines how AI is transforming military strategy, cyber operations, and global power competition. Featuring four leading experts in emerging technology, the discussion explores the legal and ethical guardrails needed for autonomous systems, the private sector’s growing role in national defense, and the geopolitical stakes of an AI-driven future.
Moderated by Margaret Hu, the Davison M. Douglas Professor of Law Director, Digital Democracy Law, William & Mary Law SchoolFeatured
Panelists:
Aaron Cooper, Partner & Founding Co-Chair, Critical & Emerging Technologies Practice, Jenner & Block LLP
Kat Duffy, Senior Fellow for Digital and Cyberspace Policy, Council on Foreign Relations
Joshua Hodges, Partner, Ridgeline Advocacy Group
Will Hudson, Associate General Counsel, Anthropic
References:
- CLE Materials from the 35th Annual Review of the Field of National Security Law Conference
- Audio Recordings from the 35th Annual Review of the Field of National Security Law Conference
What happens when an innovation boom starts to look like a financial bubble? This week, Elisa sits down with Sarah Myers West of the AI Now Institute to examine the mounting evidence that America’s most influential AI firms may be overvalued, overleveraged, and quietly expecting government rescue if profits don’t materialize. Together, they trace the circular flow of investment between chipmakers, cloud providers, and AI developers, explore why growth projections outpace real-world demand, and unpack how national security narratives are being used to justify unchecked expansion.
Sarah Meyers West is Co-Executive Director of the AI Now Institute
References:
- The AI Now Institute
- Op Ed: Sarah Meyers West and Amba Kak, You May Already Be Bailing Out the AI Business. The Wall Street Journal. Nov 12, 2025.
- EO on Accelerating Federal Permitting of Data Center Infrastructure
- EO on Promoting the Export of the American AI Technology Stack
- NBC: "Trump administration drafts an executive order to challenge state AI laws." Jared Perlo. Nov. 19th 2025.
- WSJ: "Big Tech Is Spending More Than Ever on AI and It’s Still Not Enough." Megan Bobrowsky. Oct. 30th 2025.
- Bain & Company: "$2 trillion in new revenue needed to fund AI’s scaling trend." Sep 23rd, 2025.
- NYT: "Silicon Valley’s Man in the White House Is Benefiting Himself and His Friends." Nov. 30 2025
- The White House Archives: "Remarks by APNSA Jake Sullivan on AI and National Security." The National Defense University. Oct 24 2024.
- RISE Act
- NSLT Ep. 380, "Where Energy Policy Is Headed Next with Tyler O’Connor (Part 1)" July 23 2025.
Polarization isn’t just a political outcome—it’s an industry. This week, Elisa welcomes Aakaash Rao and Shakked Noy, economists from MIT and Harvard and co-authors of The Business of the Culture War, to explore how shifts in the media business model—from the collapse of local newspapers to the rise of cable news—created powerful incentives to divide audiences. Together, they unpack how networks learned to mobilize viewers through cultural identity issues, what survey data reveals about a dramatic realignment in voter priorities, and why these trends pose urgent questions for policymakers and the future of American democracy.
Aakaash Rao is a Ph.D. candidate in Economics at Harvard University
Shakked Noy is a Ph.D student in Economics at MIT
References:
- Rao, Aakaash, and Shakked Noy. The Business of the Culture War. Job Market Paper, Harvard University, 2025.
- NSLT, Ep. 229, Broken News and the Media Rage Machine with Chris Stirewalt
- The Fairness Doctrine Overview
Washington’s influence economy is bigger—and murkier—than most Americans realize. This week, Elisa sits down with investigative reporter Kenneth P. Vogel to unpack the sprawling web of foreign lobbying revealed in his new book, Devil’s Advocate, tracing how powerful insiders—from Rudy Giuliani to Hunter Biden—became entangled with corrupt foreign interests and why these relationships blur partisan lines. Drawing on history behind the Foreign Agents Registration Act and modern examples of access-brokers operating in plain sight, Vogel exposes the incentives, vulnerabilities, and national-security risks that allow foreign money and influence to move through Washington, often away from public view but never without consequences.
Kenneth P. Vogel is a reporter based in the Washington bureau of The New York Times, investigating the intersection of money, politics and influence.
References:
- Vogel, Kenneth P. Devils’ Advocates: The Hidden Story of Rudy Giuliani, Hunter Biden, and the Washington Insiders on the Payrolls of Corrupt Foreign Interests. William Morrow, 2025.
- Foreign Agents Registration Act (FARA) Overview
AI is learning from us—but what happens when the data it’s fed carries our deepest biases? This week, Elisa Poteat sits down with Roy Austin, inaugural director of Howard Law School’s Artificial Intelligence Initiative and former Deputy Assistant to the President for Urban Affairs, Justice and Opportunity in the Obama White House, to discuss how law and ethics can keep pace with accelerating innovation. Together, they examine AI’s influence on justice, bias, and national security, the responsibility of major tech companies, and what it will take to prepare the next generation of lawyers for an AI-driven world.
Roy Austin is the inaugural director of the Howard Law Artificial Intelligence Initiative, a groundbreaking initiative focused on ethical AI innovation and civil rights law.
References:
- White House Legal Aid Interagency Roundtable. Expanding Access to Justice, Strengthening Federal Programs: First Annual Report of the White House Legal Aid Interagency Roundtable. November 2016.
- Horwitz, Jeff. “Meta’s AI Rules Have Let Bots Hold ‘Sensual’ Chats with Kids, Offer False Medical Info.” Reuters, 14 Aug. 2025
- FISA Section 230
- Doe v. Meta Platforms, Inc. U.S. District Court, N.D. Cal., No. 23-cv-420095, Opinion filed Oct. 17, 2025.
As artificial intelligence accelerates, questions about power, privacy, and accountability are more urgent than ever. This week, we revisit our conversation with bestselling author and award-winning AI reporter Karen Hao, whose book Empire of AI reveals how ambition and competition transformed OpenAI from a mission-driven nonprofit into one of the world’s most powerful—and controversial—tech companies.
This re-air comes ahead of the 35th Annual Review of the Field of National Security Law CLE Conference, taking place November 13–14 at the Omni Shoreham Hotel in Washington, DC. With the theme “Technology, National Security, and the Law: Keeping Pace with Innovation,” the conference will feature two days of expert discussions on how emerging technologies are reshaping national security.
Karen Hao is a bestselling author and award-winning reporter covering artificial intelligence.
References:
- Register Now! The 35th Annual Review of the Field of National Security Law CLE Conference, November 13–14, 2025, with an opening reception on November 12.
- Agenda: The 35th Annual Review of the Field of National Security Law CLE Conference
- Hao, Karen. Empire of AI: Dreams and Nightmares in Sam Altman’s OpenAI. Penguin Press, 2025
- Section 230 Overview
This week, Elisa breaks down the latest headlines in national security law as the government shutdown stretches into its fourth week. From Russia’s attacks on eastern Ukraine to the growing energy needs of artificial intelligence, she connects how today’s developments are shaping policy and security. Elisa also covers the recent U.S. military plane crashes in the South China Sea, the evolving conversation around tariffs, and how economic challenges are shaping the outlook for younger Americans. She wraps up with a preview of the 35th Annual Review of the Field of National Security Law CLE Conference—where top experts will unpack the intersection of technology, innovation, and national security law.
References:
Register Now! The 35th Annual Review of the Field of National Security Law CLE Conference, November 13–14, 2025, with an opening reception on November 12. Register before November 1 for early bird rates.
The Standing Committee’s 35th Annual Review of the Field of National Security Law is almost here. This week, Elisa sits down with Standing Committee Chair Stephen Preston to highlight what’s ahead at this year’s conference—taking place November 13–14 in Washington, DC. From keynotes on artificial intelligence and defense innovation to panels exploring ethics, cybersecurity, and private sector engagement, Stephen shares how this year’s program captures the challenges and opportunities of a rapidly changing technological era. Afterwards, Elisa recaps the latest national security headlines—from hostage exchanges and AI investments to international jewelry heists and more.
Stephen W. Preston is Partner and Co-Chair of Defense, National Security and Government Contracts Practice at WilmerHale, and chair of the American Bar Association’s Standing Committee on Law and National Security.
References:
- Register Now: 35th Annual Review of the Field of National Security Law CLE Conference, November 13–14, 2025, with an opening reception on November 12. Register before November 1 for early bird rates.
- Ep. 373, From Pipelines to Prisoners: Security in the Energy Sector with Kieran Ramsey (Part 1)
- Ep. 392, Empire AI: OpenAI’s Rise and the Race for Global Power with Karen Hao
Once envisioned as a nonprofit dedicated to advancing AI for the benefit of humanity, OpenAI has since become one of the most powerful—and controversial—companies in the world. This week, Elisa Poteat sits down with Karen Hao, author of Empire AI, to examine how ambition, secrecy, and competition reshaped the organization’s mission. From the erosion of trust and safety standards to the looming energy costs of AI’s expansion, they explore what OpenAI’s story reveals about the future of artificial intelligence and the global race for dominance.
Karen Hao is a bestselling author and award-winning reporter covering artificial intelligence.
References:
- Hao, Karen. Empire of AI: Dreams and Nightmares in Sam Altman’s OpenAI. Penguin Press, 2025
- REGISTER NOW: 35th Annual Review of the Field of National Security Law CLE Conference – November 13–14, 2025, with opening reception on November 12. Register before November 1 for early bird rates
- Section 230 Overview
With hundreds of thousands of federal employees furloughed, the consequences of another government shutdown are hitting home. This week, Elisa is joined by Max Stier, President and CEO of the Partnership for Public Service, to break down how shutdowns became a political tool—and what they cost the American people. Alongside guest host Harvey Rishikof, they discuss the essential vs. nonessential workforce divide, the legal roots of shutdowns, and how this cycle threatens the long-term strength of U.S. institutions.
Harvey Rishikof is Senior Counselor of the ABA Standing Committee on Law and National Security
Max Stier is the founding president and CEO of the Partnership for Public Service
References:
The Partnership for Public Service
EVENT: Register for the 35th Annual Review of National Security Law CLE Conference, this Nov. 13-14 in Washington, DC
The Hatch Act Overview
Balanced Budget Act of 1997
Can a sanctions law be used to set trade policy? In this episode, Elisa sits down with Rachel Alpert, former OFAC Chief Counsel and now a Partner at Jenner & Block, to explore how the International Emergency Economic Powers Act (IEEPA) has evolved—and why its use to justify tariffs is drawing scrutiny. Together, they trace the law’s origins, examine the traditional role of OFAC, and discuss the case heading to the Supreme Court that could reshape how tariffs are imposed during national emergencies.
Rachel Alpert is a Partner at Jenner & Block, and former Chief Counsel at the US Treasury Department's Office of Foreign Assets Control (OFAC)
References:
IEEPA
The National Emergencies Act
Trading with the Enemy Act
Export Administration Regulations
Outbound Investment Security Program
Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010
Section 232 of the Trade Expansion Act of 1962
The Major Questions Doctrine
From OPEC cartels to U.S. shale revolutions, energy markets have long stood at the center of global power struggles. This week, Elisa is joined by Elaine Levin, energy markets expert and president of Powerhouse, to unpack today’s oil and gas landscape—examining U.S. refining bottlenecks, political pressures on production, and how rising demand from AI, China, and India is reshaping the global energy map.
Elaine Levin is President of Powerhouse
References:
The One Big Beautiful Bill Act
California SB-237 NSLT Ep. 196, "News Roundup – Energy Crisis, Switching to Renewables, and Chinese Hypersonic Missiles"
NSLT Ep. 386, "Tariffs on Trial: IEEPA and the Limits of Executive Power"
Simmons, Matthew R. Twilight in the Desert: The Coming Saudi Oil Shock and the World Economy. Wiley, 2006
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With FISA Section 702 up for reauthorization in 6 months, we’re revisiting the basics of this contested surveillance authority. In this extended episode, Elisa first speaks with Josh Geltzer, former Deputy Assistant to President Biden and Deputy Homeland Security Advisor with the National Security Council, to break down what 702 is and why it’s so controversial. Afterwards, Elisa is joined by Glenn Gerstell, former General Counsel at the National Security Agency, to discuss 702’s value, past reform efforts, and what the future may hold. Note: these conversations were recorded in Fall 2023 and reflect the context of the prior administration.
Joshua Geltzer is Partner at WilmerHale, and former Deputy Assistant to President Biden and Deputy Homeland Security Advisor with the National Security Council
Glenn Gerstell is a Senior Advisor with The Center for Strategic and International Studies (CSIS), and former general counsel of the National Security Agency.
References:
FISA Section 702 Resource Page (ABA)
FISA Section 702 Overview (DNI)
Report on the Surveillance Program Pursuant to Section 702 of the Foreign Intelligence Surveillance Act, PCLOB 2023
HPSCI FISA Section 702 Report, November 2023
E.O. 12333
S.3351, FISA Reform and Reauthorization Act of 2023
S.1265, Fourth Amendment Is Not For Sale Act
H.R. 6570, Protect Liberty and End Warrantless Surveillance Act of 2023
The Supreme Court has agreed to hear the case challenging the use of emergency powers to impose sweeping tariffs—setting the stage for a ruling that could reshape U.S. trade policy. This week, Elisa is joined by David Ross and Kelly Dunbar of Wilmer Hale to break down the Federal Circuit’s recent decision in V.O.S. Selections, Inc. v. Trump. Together, they examine how the International Emergency Economic Powers Act (IEEPA) was invoked in defense of tariffs, the constitutional questions over Congress’s authority to tax and regulate commerce, and why the major questions doctrine may be pivotal as the case moves forward.
David J. Ross is Partner and Chair of International Trade, Investment and Market Access Practice Group at Wilmer Hale
Kelly P. Dunbar is Partner in Government & Regulatory Litigation and Appellate & Supreme Court Litigation Practice Groups at Wilmer Hale
References:
IEEPA Tariff Litigation: What You Need to Know About the Federal Court Decisions Threatening the Trump Administration's Tariff Agenda.
V.O.S. Selections, Inc. v. Trump
EO 14193
EO 14194
EO 14195
EO 13257
Tariff Act of 1930, 19 USC 1338(a)
Trade Act of 1974,19 USC 2132
The aftermath of President Trump’s meeting with Vladimir Putin continues to raise difficult questions. In Part 2 of this two-part episode, Elisa is joined again by Rob Dannenberg—former CIA officer and two-time Moscow Station Chief—to look beyond the summit table. Together, they explore Ukraine’s bold Operation Spiderweb, the controlled flow of information shaping what Russians know about the war, and how long Putin’s hold on power may endure. The conversation closes on a lighter note, as Rob draws from his new cocktail book, A Spy Walked into a Bar: A Practitioner’s Guide to Cocktail Tradecraft.
Robert Dannenberg worked in the Central Intelligence Agency for 24 years, including as Chief of Operations for the Counter Terrorism Center, Chief of the Central Eurasia Division and Chief of the CIA’s Information Operations Center. He then served as the head of the Office of Global Security for Goldman Sachs.
References:
Dannenberg, Rob. “It’s Time to Show Putin that the U.S. Is Serious.” The Cipher Brief, 24 August 2025. The Cipher Brief.
Dannenberg, Rob. A Spy Walked into a Bar: A Practitioner’s Guide to Cocktail Tradecraft. Ci4 Publishing, 21 June 2025
Sanctioning Russia Act of 2025
Days after President Trump’s meeting with Vladimir Putin, questions remain: what was gained, what was conceded, and what does it mean for Ukraine? In Part 1 of this two-part episode, Elisa is joined by Rob Dannenberg—former CIA officer and two-time Moscow Station Chief—to examine the dynamics of the Alaska summit. They discuss Putin’s shifting demands, Trump’s rejection of a ceasefire in favor of a permanent peace, and the risks of negotiating with one of the world’s most seasoned strongmen.
Robert Dannenbergworked in the Central Intelligence Agency for 24 years, including as Chief of Operations for the Counter Terrorism Center, Chief of the Central Eurasia Division and Chief of the CIA’s Information Operations Center. He then served as the head of the Office of Global Security for Goldman Sachs.
References:
Dannenberg, Rob. “It’s Time to Show Putin that the U.S. Is Serious.” The Cipher Brief, 24 August 2025. The Cipher Brief.
Dannenberg, Rob.A Spy Walked into a Bar: A Practitioner’s Guide to Cocktail Tradecraft.Ci4 Publishing, 21 June 2025
Sanctioning Russia Act of 2025
In the wake of President Trump and Vladimir Putin’s summit in Alaska, we turn our focus back to the nation that remains central to their agenda—Ukraine. Since the sixth century, Ukraine has been the site of many incursions from the east and west, from Ghengis Khan, to the Ottomans, Swedes, Poles, and more. This week, host Elisa is joined by Russia and Eurasia expert Eugene Rumer to review Ukraine's history of upheaval, what Ukraine's future may hold, and how Putin is shaping its present.
Eugene Rumer is Director and Senior Fellow of the Russia and Eurasia Program at the Carnegie Endowment for International Peace
References:
Senate Hearing: "Disinformation: A Primer in Russian Active Measures and Influence Campaigns, Panel 1" March 30, 2017
Eugene Rumer on Active Measures, Senate Testimony. C-SPAN. May 9, 2020
In Myanmar’s remote Kachin State, a rebel militia now controls one of the world’s most strategic mineral frontiers. In Part 2 of this two-part episode, Elisa and journalist Timothy McLaughlin explore the realities of rare earth mining in the region—from environmental damage and unsafe labor conditions to the steady flow of minerals into China. Together, they unpack how this supply chain is shaping regional power dynamics—and what it reveals about the global race for critical resources.
Timothy McLaughlin is a contributing writer at The Atlantic
References:
McLaughlin, Timothy. “A Rebel Army Is Building a Rare-Earth Empire on China’s Doorstep: Myanmar Rebels Gain Control of Mines as U.S. and China Feud over Rare Earths.” Bloomberg, 18 July 2025
In Myanmar’s remote Kachin State, a rebel militia now controls one of the world’s most strategic mineral frontiers. In Part 1 of this two-part episode, Elisa speaks with journalist Timothy McLaughlin about the Kachin Independence Army’s takeover of the Pangwa region—rich in rare earth minerals vital to wind turbines, electric vehicles, and advanced military systems. Bordering China, this contested territory sits at the intersection of global demand, regional politics, and the fight for control over critical resources.
Timothy McLaughlin is a contributing writer at The Atlantic
References:
McLaughlin, Timothy. “A Rebel Army Is Building a Rare-Earth Empire on China’s Doorstep: Myanmar Rebels Gain Control of Mines as U.S. and China Feud over Rare Earths.” Bloomberg, 18 July 2025,
In Part 2 of this two-part episode, Elisa continues her conversation with Tyler O’Connor, Partner at Crowell & Moring and former Energy Counsel to the House Energy & Commerce Committee, to explore the evolving role of the National Defense Authorization Act. Together, they break down how the NDAA is expanding the Department of Energy’s reach, creating new incentives for industrial decarbonization, and strengthening the ties between federal policy and America’s industrial base.
Tyler O’Connor is an energy litigator and public policy leader in Crowell & Moring’s Washington, D.C. office
References:
The One Big Beautiful Bill Act The National Defense Authorization Act for Fiscal Year 2026 (Introduced)
The Inflation Reduction Act of 2022
IRA: Section 45X Advanced Manufacturing Production Credit
Clean Energy Investment Tax Credit Clean Electricity Production Credit
Zero-Emission Nuclear Power Production Credit
CHIPS and Science Act The American Recovery and Reinvestment Act of 2009 The Federal Power Act, Section 202c
A new wave of energy legislation is changing the incentives–and the direction–of U.S. energy policy. In Part 1 of this two-part episode, Elisa sits down with Tyler O’Connor, Partner at Crowell & Moring and former Energy Counsel to the House Energy & Commerce Committee, to unpack the recently passed “One Big Beautiful Bill.” They discuss how the legislation rolls back key clean energy tax credits, prioritizes traditional energy infrastructure, and could push the private sector to rethink its approach to energy planning, investment, and long-term sustainability.
Tyler O’Connor is an energy litigator and public policy leader in Crowell & Moring’s Washington, D.C. office
References:
The One Big Beautiful Bill Act The National Defense Authorization Act for Fiscal Year 2026 (Introduced)
The Inflation Reduction Act of 2022
IRA: Section 45X Advanced Manufacturing Production Credit
Clean Energy Investment Tax Credit Clean Electricity Production Credit
Zero-Emission Nuclear Power Production Credit
CHIPS and Science Act
This week, Elisa is joined by John A. Lauder—former CIA official, arms control negotiator, and current Senior Fellow at the Wisconsin Project on Nuclear Arms Control—to examine the tension between nuclear innovation and nonproliferation. From the postwar promise of Atoms for Peace to today’s AI-fueled energy demands, they unpack the rising interest in small reactors, mounting concerns within the nonproliferation community, and the difficult policy decisions facing U.S. leaders in the years ahead.
John A. Lauder is a Senior Fellow at the Wisconsin Project on Nuclear Arms Control and is a cofounder of the James A. Garfield Center for Public Leadership at Hiram College.
References:
Atoms for Peace
In the race for critical minerals, legal frameworks are becoming as important as supply chains. This week, Elisa is joined by Brian Egan, Partner at Skadden and former Legal Adviser at the State Department and National Security Council, to unpack the legal complexities behind securing minerals from foreign—and often unfriendly—nations. From sanctions and treaty negotiations to private sector deals and foreign investment, they explore how lawyers across government and industry are navigating national security risks in today’s resource-driven economy.
Brian Egan is Partner in National Security, CFIUS, and International Trade at Skadden
References:
H.R.1042 - Prohibiting Russian Uranium Imports Act
Foreign Corrupt Practices Act of 1977
NSLT Ep. 205, "Seabed Mining as a National Security Threat: The Laws of the Sea with Matt Gianni (Part 1)
In Part 2 of their two-part discussion, Elisa and Dr. Koroush Shirvan of MIT’s Department of Nuclear Science and Engineering explore how small-scale reactors compare to other green alternatives, why the U.S. continues to trail global leaders, and what policy and infrastructure gaps must be addressed to move forward. They also discuss rising energy costs at home—and what it will take to keep nuclear power affordable as demand grows.
Dr. Koroush Shirvan is the Atlantic Richfield Career Development Professor in Energy Studies
References:
VIDEO: “How Does Nuclear Energy Work? – Presentation by Professor Koroush Shirvan (MIT).” YouTube, uploaded by the Australian Nuclear Association, 2024.
Project Pele Overview
As pressure mounts to modernize America’s energy systems, nuclear power is back on the table. In Part 1 of this two-part episode, Elisa is joined by Dr. Koroush Shirvan, nuclear expert and professor in MIT’s Department of Nuclear Science and Engineering, to break down the fundamentals of nuclear energy and its potential role in national security. Together, they explore what powers today’s nuclear plants, how they compare to coal, and the infrastructure, training, and regulation required to bring new facilities online.
Dr. Koroush Shirvan is the Atlantic Richfield Career Development Professor in Energy Studies
References:
VIDEO: “How Does Nuclear Energy Work? – Presentation by Professor Koroush Shirvan (MIT).” YouTube, uploaded by the Australian Nuclear Association, 2024.
The recent dismissal of the Judge Advocates General of the Army and Air Force has raised new questions about the role of independent legal advice in the U.S. military. This week, we’re airing a special rebroadcast of our May 28th live program on the role of Judge Advocates General in advising military leadership and upholding the law of armed conflict.
The discussion features Rear Admiral James E. McPherson, retired 39th Judge Advocate General of the Navy and former General Counsel and Under Secretary of the Army, and John B. Bellinger III, former Legal Adviser to both the State Department and the National Security Council. Together, they explore the function of the JAG Corps, the implications of recent firings, and the importance of preserving nonpartisan legal guidance in military decision-making.
References:
Event Video: American Bar Association Discussion on President Trump Firing Judge Advocates General. C-SPAN, 28 May 2024.
In Part 2 of their conversation, Elisa and Kieran Ramsey, Chief Investigative Officer at Global Reach and former FBI Special Agent, explore how companies can better prepare their people and operations for high-threat environments. From travel security to cultural blind spots, they discuss why planning, awareness, and proactive leadership are key to staying ahead of today’s evolving threat landscape.
Kieran Ramsey is Chief Investigative Officer at Global Reach, a private company that deals with individuals wrongfully held or taken hostage around the world.
References:
The American Society for Industrial Security (ASIS)
The Smart Traveler Enrollment Program
Film:The Wages of Fear(1953)
As global demand for energy surges, so do the risks for those working to meet it. In Part 1 of this two-part episode, Elisa is joined by Kieran Ramsey, Chief Investigative Officer at Global Reach and former Director of the FBI’s Hostage Recovery Fusion Cell, to explore the dangers facing energy professionals operating abroad. Together, they examine the rise of hostage diplomacy, the targeting of Americans by state actors like Russia, China, and Iran, and the intelligence challenges facing companies operating in high-risk regions like Africa.
Kieran Ramsey is Chief Investigative Officer at Global Reach, a private company that deals with individuals wrongfully held or taken hostage around the world.
References:
Alterman, Jon B., and Jason Rezaian. Combating State Hostage Taking and Wrongful Detention. Center for Strategic and International Studies, 4 June 2025
As energy demands surge, protecting the U.S. power grid has become a national security imperative. In Part 2 of their conversation, Elisa and Dr. Jonathan Snodgrass of Texas A&M examine the next layer of challenges facing America’s electric grid—from the need for trained personnel to the importance of critical load prioritization. They discuss how redundancy, workforce expertise, and smarter policy conversations can shape a more secure and scalable grid for the future.
Jonathan Snodgrass is a Senior Research Engineer at Texas A&M University
References:
North American Electric Reliability Corporation (NERC)
Federal Energy Regulatory Committee (FERC)
NSLT, Ep. 362, Elemental Power: Rethinking Nuclear—The Rise of Microreactors with Dr. Jeff Waksman (Part 1)
Is our grid capable of supporting our energy needs? In Part 1 of this two-part episode, Elisa is joined by Dr. Jonathan Snodgrass of Texas A&M to break down what the electric grid is, who maintains it, and how its vulnerabilities could impact national security. From critical military systems to daily necessities like transportation and groceries, they explore how fragile our energy infrastructure may be—and what lessons the U.S. should draw from recent international blackouts.
Jonathan Snodgrass is a Senior Research Engineer at Texas A&M University
References:
North American Electric Reliability Corporation (NERC)
Federal Energy Regulatory Committee (FERC)
NSLT, Ep. 362, Elemental Power: Rethinking Nuclear—The Rise of Microreactors with Dr. Jeff Waksman (Part 1)
China’s growing presence in African port development is shifting global power dynamics. This week, Elisa is joined by Paul Nantulya of the Africa Center for Strategic Studies to examine China’s growing influence across the continent’s maritime infrastructure. Drawing from his recent study, they discuss how port investments tie into China’s long-term economic and military ambitions, what it means for U.S. interests, and how African nations are navigating the pressure between opportunity and sovereignty.
Paul Nantulya is a Research Associate with the Africa Center for Strategic Studies
References:
Nantulya, Paul. "Mapping China’s Strategic Port Development in Africa." Africa Center for Strategic Studies, 10 Mar. 2025
The Africa Center The Forum on China-Africa Cooperation
As misinformation fuels mistrust, the challenge ahead is restoring shared civic ground. In Part 2 of their conversation, Elisa is joined by Barbara McQuade, Professor at the University of Michigan Law School and former U.S. Attorney, to examine the legal, cultural, and educational solutions that could help strengthen democratic stability. Drawing from Attack from Within, they explore the role of bots on social media, the importance of civic education in schools, the risks of executive overreach, and how lawyers can help lead a less partisan, more principled future.
Barbara McQuade is a Professor from Practice at Michigan Law
References:
McQuade, Barbara. Attack from Within: How Disinformation Is Sabotaging America. Seven Stories Press, 2024.
SistersinLaw Podcast
NSLT, Ep. 337, Power and Profit: How Lobbying Shaped Washington with Brody Mullins (Part 1)
Buckley v. Valeo
Citizens United v. FEC
Haidt, Jonathan. The Anxious Generation: How the Great Rewiring of Childhood Is Causing an Epidemic of Mental Illness. Penguin Press, 2024.
Koh, Harold Hongju. The National Security Constitution in the Twenty-First Century. Yale University Press, 2024.
Changes in how we share and receive information are reshaping democratic stability. In Part 1 of this two-part episode, Elisa sits down with Barbara McQuade, Professor at the University of Michigan Law School and former U.S. Attorney, to examine how disinformation, digital echo chambers, and the decline of civic infrastructure are reshaping public trust. Drawing from her book, Attack from Within, Barbara explores the long-term effects of polarization, the influence of algorithms, and the role lawyers and lawmakers can play in defending democratic values.
Barbara McQuade is a Professor from Practice at Michigan Law
References:
McQuade, Barbara. Attack from Within: How Disinformation Is Sabotaging America. Seven Stories Press, 2024.
SistersinLaw Podcast
NSLT, Ep. 229, "Broken News and the Media Rage Machine with Chris Stirewalt"
Minow, Martha. Saving the News: Why the Constitution Calls for Government Action to Preserve Freedom of Speech. Oxford University Press, 2021.
Putnam, Robert D. Bowling Alone: The Collapse and Revival of American Community. Touchstone Books by Simon & Schuster, 2001.
FISA Section 230
S.2972 - A bill to repeal section 230 of the Communications Act of 1934
A growing number of teenage boys in the U.S. are being targeted by large-scale financial sextortion schemes. This week, Elisa sits down with cybercrime expert Paul Raffile to uncover the scale and tactics behind this global blackmail operation, how social media platforms are enabling it, and what it means for the future of America’s workforce. From loneliness to digital manipulation, they explore how the vulnerabilities of young men today could shape national security readiness tomorrow.
Paul Raffile is a cyber intelligence analyst focused on global cyber threats and transnational organized crime.
References:
Financial Sextortion Backgrounder Raffile, Paul, et al. A Digital Pandemic: Uncovering the Role of ‘Yahoo Boys’ in the Surge of Social Media-Enabled Financial Sextortion Targeting Minors. Network Contagion Research Institute, Jan. 2024.
Haidt, Jonathan. The Anxious Generation: How the Great Rewiring of Childhood Is Causing an Epidemic of Mental Illness. Penguin Press, 2024.
Reeves, Richard V. Of Boys and Men: Why the Modern Male Is Struggling, Why It Matters, and What to Do about It. Brookings Institution Press, 2022.
New Sextortion Data, NCMEC
The Kids Online Safety and Privacy Act
The Take it Down Act
FISA Section 230
Tariffs have been shaping American policy since 1792, but the legal framework behind them is anything but settled. This week, Elisa is joined by Professor Kathleen Claussen of Georgetown Law to unpack the constitutional authority for imposing tariffs, how presidents have used emergency powers to reshape trade policy, and why legal challenges continue to surface. From historical precedent to national security declarations, they explore the shifting landscape of trade law—and what young lawyers should know before stepping into the field.
Kathleen Claussen is a professor of international and economic law at Georgetown University School of Law.
References:
Taussig, F. W. The Tariff History of the United States. Nabu Press, 1914.
"Alexander Hamilton’s Final Version of the Report on the Subject of Manufactures, [5 December 1791],” Founders Online, National Archives
U.S. Constitution, Article I Section 8
Section 301, The Trade Act of 1974
Section 232, The Trade Expansion Act of 1962
The International Emergency Economic Powers Act (IEEPA)
The Trading with the Enemy Act
(Part 2 of 2) This week, Elisa and Mark Mills explore the growing energy demands of digital infrastructure, and why hydrocarbons remain central to global energy forecasts. They examine the intersection of technology, defense readiness, and long-term energy strategy in an era defined by rising demand and complex supply chains.
Mark Mills is founder and executive director of the National Center for Energy Analytics. Mark joins the conversation in his individual capacity, and not on behalf of any agency or organization.
References:
- Mills, Mark P. The Cloud Revolution: How the Convergence of New Technologies Will Unleash the Next Economic Boom and a Roaring 2020s. Encounter Books, 2021.
- Huber, Peter W., and Mark P. Mills. The Bottomless Well: The Twilight of Fuel, the Virtue of Waste, and Why We Will Never Run Out of Energy. Basic Books, 2005.
- Mark Mills PragerU Videos
- E.O. 14241, Immediate Measures to Increase American Mineral Production
- “Energy and Commerce Leaders Unveil Bipartisan Draft Legislation to Sunset Section 230.” House Committee on Energy and Commerce, 11 Mar. 2024,
Behind every battery lies a complex web of minerals, mining, and global politics. In Part 1 of this two-part discussion, Elisa is joined by Mark Mills, founder and executive director of the National Center for Energy Analytics, to explore how—and why—America’s mining and processing capabilities have fallen behind. Together, they break down which minerals matter most, who controls the global supply chains, and whether the U.S. can rethink decades of regulation to catch up.
Mark Mills is founder and executive director of the National Center for Energy Analytics
References:
- Mills, Mark P. The Cloud Revolution: How the Convergence of New Technologies Will Unleash the Next Economic Boom and a Roaring 2020s. Encounter Books, 2021.
- Huber, Peter W., and Mark P. Mills. The Bottomless Well: The Twilight of Fuel, the Virtue of Waste, and Why We Will Never Run Out of Energy. Basic Books, 2005.
- Mark Mills PragerU Videos
- E.O. 14241, Immediate Measures to Increase American Mineral Production
- “Energy and Commerce Leaders Unveil Bipartisan Draft Legislation to Sunset Section 230.” House Committee on Energy and Commerce, 11 Mar. 2024,
As energy needs skyrocket and climate pressure mounts, the conversation around nuclear is shifting—from fear to feasibility. In Part 2 of their discussion, Elisa and Dr. Jeff Waksman dive into the historical baggage, policy bottlenecks, and environmental considerations shaping nuclear’s future. They explore common misconceptions about reactor safety, how microreactors like Project Pele navigate regulatory hurdles, and why a new wave of interest—from data centers to climate advocates—is putting nuclear back on the table.
Dr. Jeff Waksman is a Program Manager at the Strategic Capabilities Office (SCO) where he leads Project Pele and Project TRISO
References:
Project Pele Overview
The CHIPS and Science Act
The Inflation Reduction Act
"China’s Demonstration HTR-PM Enters Commercial Operation” World Nuclear News, 6 Dec. 2023
Nuclear energy is back in the spotlight as policymakers and innovators look for faster, cleaner, and more reliable energy solutions. This week, Elisa is joined by Dr. Jeff Waksman, Program Manager at the Department of Defense’s Strategic Capabilities Office, to explore Project Pele—an initiative designed to fast-track the development of mobile nuclear reactors. They discuss the structural weaknesses of the U.S. grid, the slow adoption of new energy technologies, and how microreactors could provide a more flexible, resilient power source for the future.
Dr. Jeff Waksmanis a Program Manager at the Strategic Capabilities Office (SCO) where he leads Project Pele and Project TRISO
References:
The ADVANCE Act of 2024
Project Pele
As AI continues to evolve, what must be done to balance innovation with security and sustainability? In Part 2 of their discussion, Elisa and Dr. Vijay Janapa Reddi dive into the growing energy demands of AI systems, their role in national security, and the challenges of ensuring responsible development. They discuss how AI’s reliance on vast amounts of data impacts stability, the risks of limited access to training resources, and the concerns surrounding regulation.
Vijay Janapa Reddi is the John L. Loeb Associate Professor of Engineering and Applied Sciences at Harvard University and Vice President and co-founder of MLCommons, a nonprofit organization committed to accelerating machine learning (ML) innovation for all.
References:
Dr. Janapa Reddi is author and editor of the open-source AI textbook, "Machine Learning Systems"
Dollar Street Project
Nominations Link for the Morris Leibman Awards – Nominate an individual who has demonstrated a sustained commitment and made exceptional contributions to the field of law and national security. Nominations deadline: March 14th
More information about the Morris Leibman Awards
The AI revolution is just beginning, and its future depends on how we shape its systems, data, and ethics today. In Part 1 of this two-part episode, Elisa sits down with Dr. Vijay Janapa Reddi, Harvard professor and AI systems expert, to break down the three core categories of AI systems—generative, predictive, and prescriptive—and how they function in the real world. Together they examine how large language models rely on the data they’re fed, why that data matters, and what challenges arise in sourcing it responsibly.Vijay Janapa Reddi is the John L. Loeb Associate Professor of Engineering and Applied Sciences at Harvard University and Vice President and co-founder of MLCommons, a nonprofit organization committed to accelerating machine learning (ML) innovation for all.
References:
Dr. Janapa Reddi is author and editor of the open-source AI textbook, "Machine Learning Systems"
Dollar Street Project
Nominations Link for the Morris Leibman Awards – Nominate an individual who has demonstrated a sustained commitment and made exceptional contributions to the field of law and national security. Nominations deadline: March 14th
More information about the Morris Leibman Awards
(Part 2 of 2) As global demand for AI, battery technology, and clean energy surges, critical minerals have become essential to powering innovation and protecting national security. To kick off our new series exploring the global race for these vital resources, Elisa sits down with Tommy Beaudreau, former Deputy Secretary of the Interior and Partner at WilmerHale, to break down the stakes. For Part 2 of their discussion, they discuss outdated U.S. mining laws, efforts to establish international standards, and China’s financial control over resource development.
Tommy Beaudreau is a Partner at WilmerHale, and co-chair of WilmerHale’s Energy, Environment and Natural Resources and Native American Law Practices.
References:
Nominations Link for the Morris Leibman Awards – Nominate an individual who has demonstrated a sustained commitment and made exceptional contributions to the field of law and national security. Nominations deadline: March 14th
More information about the Morris Leibman Awards
Upcoming CSIS Event: Register for the launch of a new policy book by the CSIS Critical Minerals Security Program, this Thursday, Feb 27th
Initiative for Responsible Mining Standards (IRMA)
The Consolidated Mining Standard Initiative (CMSI)
The Foreign Corrupt Practices Act of 1977
The General Mining Act of 1872
As global demand for AI, battery technology, and clean energy surges, critical minerals have become essential to powering innovation and protecting national security. To kick off our new series exploring the global race for these vital resources, Elisa sits down with Tommy Beaudreau, former Deputy Secretary of the Interior and Partner at WilmerHale, to break down the stakes. Together, they explore what defines a “critical mineral,” how China’s dominance in global supply chains threatens U.S. interests, and why outdated mining laws are complicating America’s efforts to secure its future.
Tommy Beaudreau is a Partner at WilmerHale, and co-chair of WilmerHale’s Energy, Environment and Natural Resources and Native American Law Practices.
References:
Nominations Link for the Morris Leibman Awards – Nominate an individual who has demonstrated a sustained commitment and made exceptional contributions to the field of law and national security. Nominations deadline: March 14th
More information about the Morris Leibman Awards
Washington Post, "What are Ukraine's rare minerals and why is Trump eyeing them?"
NSLT, Ep, 205, "Seabed Mining as a National Security Threat: The Laws of the Sea with Matt Gianni (Part 1)"
This week, Elisa highlights a few of the latest national security headlines, and sets the stage for our upcoming series on the energy grid and the critical minerals essential for AI development.
References
Check out the Standing Committee on Law and National Security’s latest video series, Strengthening Democracy: A Civics Education Series for Military Members
With the confirmations process well underway, we're taking a fresh look at how it all works. Revisiting a conversation from this past December, Elisa sits down with retired Marine Corps Major General Arnold Punaro, a veteran of Capitol Hill and author of If Confirmed: An Insider’s View of the National Security Process. Together, they explore the three phases of confirmation, the role of the Federal Vacancies Act, and the complexities of vetting nominees for positions like Secretary of Defense.
Arnold L. Punaro is a retired United States Marine Corps Major General, and CEO of The Punaro Group and IronArch Technology
References:
NSLT, Ep. 350, If Confirmed: Arnold Punaro on the Intricacies of Senate Confirmations (Part 2)
Punaro, Arnold L. If Confirmed: An Insider’s View of the National Security Confirmation Process. Fortis Adducent, Inc, 2024.
S. 2176 - Federal Vacancies Reform Act of 1998
As 2025 unfolds, the new administration faces its first major national security challenges: preserving a fragile ceasefire in the Middle East and addressing the contentious TikTok legal battle. In this week’s double episode, Elisa first speaks with Brian Egan, former Legal Adviser at the Department of State, to unpack the Gaza ceasefire, the role of international negotiations, and its potential for fostering regional stability. Next, Glenn Gerstell, former General Counsel of the NSA, returns to examine the Supreme Court opinion against TikTok, exploring how ByteDance’s refusal to divest has heightened national security concerns and why the Court’s decision could reshape data privacy laws in the U.S.
Please note, both discussions were recorded just prior to President Trump’s inauguration and may contain information that has since evolved.
Brian Egan is a partner at Skadden Arps
Glenn Gerstell is a Non-resident Senior Advisor at the Center for Strategic and International Studies (CSIS).
References:
The Algiers Accords
The Geneva Conventions
Leahy Laws Overview
Supreme Court Per Curiam Opinion on TikTok v Garland
E.O. 13942, Addressing the Threat Posed by TikTok, and Taking Additional Steps To Address the National Emergency With Respect to the Information and Communications Technology and Services Supply Chain
The Pentagon Papers
The Supreme Court has heard the case that could decide TikTok’s fate in the U.S. This week, Glenn Gerstell returns with Elisa Poteat to discuss the national security concerns that sparked the legal challenge and the broader implications of the hearing. Together, they examine ByteDance’s key arguments, the government’s case, and how a ruling could reshape the relationship between technology, data privacy, and foreign influence.
Glenn Gerstell served as the general counsel of the National Security Agency, and is a current Non-resident Senior Advisor with the International Security Program at the Center for Strategic and International Studies (CSIS).
References:
Transcript: Jan. 10th 2025 Supreme Court Hearing, TikTok v Garland
E.O. 14034, Executive Order on Preventing Access to Americans’ Bulk Sensitive Personal Data and United States Government-Related Data by Countries of Concern
NSLT Ep. 351, "TikTok’s Legal Challenges: National Security, Data, and Foreign Influence with Glenn Gerstell"
As the new year unfolds, how have 2024’s defining national security moments set the stage for what’s ahead? This week, Elisa Poteat is joined by Harvey Rishikof, former chair of the ABA Standing Committee on Law and National Security, for a big-picture review of the past year. Together, they discuss emerging challenges in geopolitics, AI’s growing role in defense, and pivotal shifts in data security. Looking ahead, they explore how economic instability and rising global tensions might define 2025.
Harvey Rishikof is a Senior Counselor to the ABA Standing Committee on Law and National Security
References:
The International Emergency Economic Powers Act (IEEPA)
TikTok Inc., v Garland
E.O. 14034, Executive Order on Preventing Access to Americans’ Bulk Sensitive Personal Data and United States Government-Related Data by Countries of Concern
The Iran Contra, Minority Report
Haidt, Jonathan. The Anxious Generation: How the Great Rewiring of Childhood Is Causing an Epidemic of Mental Illness. Penguin Press, an Imprint of Penguin Random House LLC, 2024.
Koh, Harold Hongju. The National Security Constitution in the Twenty-First Century. Yale University Press, 2024.
How does a centuries-old constitutional power continue to influence the modern balance of government? This week, Elisa speaks with Neil Eggleston, former White House Counsel to President Obama, to delve into the history and controversies surrounding recess appointments. Together, they explore the historical roots of this executive power, landmark cases that have shaped its use, and its implications for the Senate's advice and consent role.
Neil Eggleston is a litigation partner in the Washington, D.C., office of Kirkland & Ellis LLP, and served as White House Counsel to President Obama from 2014 to 2017
References:
The Federal Vacancies Reform Act, 5 U.S.C. sec. 3345
NLRB v Noel Canning, Art. II Sec. 3
NLRB v. Southwest General
TikTok’s growing influence and its connections to national security remain hot topics in Washington. This week, Elisa sits down with Glenn Gerstell, former General Counsel of the National Security Agency, to examine the legal battles surrounding TikTok, including a recent D.C. Circuit Court ruling. Together, they unpack the implications of foreign adversary laws, ByteDance’s defense strategies, and how platforms like TikTok could be weaponized for influence operations—from Romania’s elections to emerging AI developments.
Glenn Gerstell served as the general counsel of the National Security Agency, and is a current Non-resident Senior Advisor with the International Security Program at the Center for Strategic and International Studies (CSIS).
References:
CNN: Federal appeals court declines to temporarily block ban on TikTok, teeing up showdown at SCOTUS over controversial law. Dec. 13, 2024
E.O. 13873, Securing the Information and Communications Technology and Services Supply Chain
H.R. 7520, Protecting American's Data from Foreign Adversaries Act of 2024
TikTok Inc. and ByteDance LTD. v Merrick B Garland
H.R.815, Making emergency supplemental appropriations for the fiscal year ending September 30, 2024, and for other purposes.
Moody v. NetChoice, LLC
E.O. 14034, Executive Order on Preventing Access to Americans’ Bulk Sensitive Personal Data and United States Government-Related Data by Countries of Concern
The Foreign Agents Registration Act (FARA)
(Part 2 of 2) The nominations and confirmations process is a cornerstone of American governance, but how does it actually work? Continuing our discussion on the confirmation process, Elisa sits down with retired Marine Corps Major General Arnold Punaro, a veteran of Capitol Hill and author of If Confirmed: An Insider’s View of the National Security Process. Together, they explore the three phases of confirmation, the role of the Federal Vacancies Act, and the complexities of vetting nominees for positions like Secretary of Defense.
Arnold L. Punaro is a retired United States Marine Corps Major General, and CEO of The Punaro Group and IronArch Technology
References:
Punaro, Arnold L. If Confirmed: An Insider’s View of the National Security Confirmation Process. Fortis Adducent, Inc, 2024.
S. 2176 - Federal Vacancies Reform Act of 1998
The Federal Advisory Committee Act
The nominations and confirmations process is a cornerstone of American governance, but how does it actually work? Continuing our discussion on the confirmation process, Elisa sits down with retired Marine Corps Major General Arnold Punaro, a veteran of Capitol Hill and author of If Confirmed: An Insider’s View of the National Security Process. Together, they explore the three phases of confirmation, the role of the Federal Vacancies Act, and the complexities of vetting nominees for positions like Secretary of Defense.
Arnold L. Punaro is a retired United States Marine Corps Major General, and CEO of The Punaro Group and IronArch Technology
References:
Punaro, Arnold L. If Confirmed: An Insider’s View of the National Security Confirmation Process. Fortis Adducent, Inc, 2024.
S. 2176 - Federal Vacancies Reform Act of 1998
From vetting nominees to navigating Senate committees, the process of appointing leaders in the Executive Branch is both intricate and essential. This week, Elisa Poteat welcomes Erik Swabb, Partner at WilmerHale and former General Counsel of the Senate Armed Services Committee, to demystify the confirmation process. Together, they explore how nominees are evaluated, the authority behind committee reviews, and the strategies that can bypass these traditional norms.
Erik Swabb is a partner in the Defense, National Security and Government Contracts Practice at WilmerHale.
References:
U.S. Constitution, Article II Section 2
This week, Elisa revisits her conversation with longtime former Pardon Attorney, Helen Bollwerk, to unpack the presidential pardoning process. Together, they explore the procedural regulations, judicial precedents, past controversies, and the pressing question of whether a president-elect can pardon himself.
Helen Bollwerk served as a pardon attorney at the Department of Justice for nineteen years.
References:
U.S. Constitution, Art. II, Sec. 2
28 CFR § 1.1 - 1.11
Ex parte Wells, 59 U.S. (18 How.) 307 (1855)
Ex parte Garland, 71 U.S. (4 Wall.) 333 (1866)
Carlesi v. New York, 233 U.S. 51 (1914)
Burdick v. United States, 236 U.S. 79 (1915)
Ex parte Grossman, 267 U.S. 87 (1925)
Hoffa v. Saxbe, 378 F. Supp. 1221 (D.D.C. 1974)
Schick v. Reed, 419 U.S. 256 (1974)
United States v. Noonan, 906 F.2d 952 (3d Cir. 1990)
U.S. Constitution, Art. II, Sec. 2
28 CFR § 1.1 - 1.11
Congressional Report, Justice Undone: Clemency Decisions in the Clinton White House, May 14, 2002. Part One; Part Two; Part Three
Congressional Hearing, Use and Misuse of Presidential Clemency Power for Executive Branch Officials, July 11, 2007
Office of Legal Counsel Presidential or Legislative Pardon of the President (August 5, 1974)
While the U.S. presidential election takes center stage, global events continue to unfold. This week, Elisa delves into the latest national security headlines, covering key takeaways from the BRICS summit, Chinese espionage tactics, a recent data breach exposing millions of Americans' healthcare information, and more.
References:
Upcoming ABA Event: Register for the 34th Annual Review of the Field of National Security Law CLE Conference, this November 14th-15th in Washington, DC
On October 15th, the ABA Standing Committee on Law and National Security hosted a luncheon event featuring remarks by Ambassador John Sullivan, former US ambassador to the Russian Federation from 2019 to 2022, and author of Midnight in Moscow: A Memoir From the Front Lines of Russia's War Against the West. Ambassador Sullivan shares his firsthand experiences on the diplomatic front lines during Putin's invasion of Ukraine, offers insight into the state of US-Russia relations, and how far the West might need to go in standing up to Moscow.
Ambassador John J. Sullivan, former US deputy secretary of state and former US ambassador to the Russian Federation, is a partner in Mayer Brown’s Washington DC and New York offices and co-lead of the firm’s National Security practice.
References:
Sullivan, John Joseph. Midnight in Moscow: A Memoir from the Front Lines of Russia’s War against the West. Little, Brown, and Company, 2024.
Upcoming ABA Event: Earlybird registration deadline is Nov. 1 Register for the 34th Annual Review of the Field of National Security Law CLE Conference, this November 14th-15th in Washington, DC
(Part 2 of 2) - The rapid development of AI presents a unique challenge: how do we balance innovation with regulation? This week, Elisa is joined by Samir Jain, Vice President of Policy at the Center for Democracy & Technology, and Margaret Hu, Professor of Law and Director of the Digital Democracy Lab at William & Mary Law School. Together, they delve into the complexities of state-level AI regulations, the legal uncertainties surrounding accountability for AI mishaps, and the national security threats posed by foreign adversaries exploiting AI.
Samir Jain is the Vice President of Policy at the Center for Democracy & Technology (CDT)
Margaret Hu is the Taylor Reveley Research Professor and Professor of
Law, and Director of the Digital Democracy Lab, at William & Mary (W&M) Law School.
References:
Whalen v. Roe
Nelson v. Nelson
Vermont v. Clearview AI
Upcoming ABA Event: Register for the Women in National Security Law event, A Discussion with National Security Lawyers Serving in Congress, this October 24th in Washington DC
Upcoming ABA Event: 34th Annual Review of the Field of National Security Law CLE Conference, this November 14th-15th in Washington, DC
The rapid development of AI presents a unique challenge: how do we balance innovation with regulation? This week, Elisa is joined by Samir Jain, Vice President of Policy at the Center for Democracy & Technology, and Margaret Hu, Professor of Law and Director of the Digital Democracy Lab at William & Mary Law School. Together, they delve into the complexities of state-level AI regulations, the legal uncertainties surrounding accountability for AI mishaps, and the national security threats posed by foreign adversaries exploiting AI.
Samir Jain is the Vice President of Policy at the Center for Democracy & Technology (CDT)
Margaret Hu is the Taylor Reveley Research Professor and Professor of Law, and Director of the Digital Democracy Lab, at William & Mary(W&M) Law School.
References:
FISA Section 230
E.O. 13694, Blocking the Property of Certain Persons Engaging in Significant Malicious Cyber-Enabled Activities
E.O. 14110, On the Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence
E.O. 14117, On Preventing Access to Americans’ Bulk Sensitive Personal Data and United States Government-Related Data by Countries of Concern
NIST AI Risk Management Framework
The EU Artificial Intelligence Act
California SB-1047, Safe and Secure Innovation for Frontier Artificial Intelligence Models Act (VETOED)
Colorado SB24-205, Consumer Protections for Artificial Intelligence
H.R.7520 - Protecting Americans’ Data from Foreign Adversaries Act of 2024
Upcoming ABA Event: Register for the 34th Annual Review of the Field of National Security Law CLE Conference, this November 14th-15th in Washington, DC
As the world imposes economic sanctions on Russia, the effectiveness of these measures comes under scrutiny. This week, Elisa sits down with Bloomberg journalist Stephanie Baker to discuss her latest book, Punishing Putin: Inside the Global Economic War to Bring Down Russia. Together, they explore how Russia's oligarchs have managed to evade sanctions, the role of shell companies in Cyprus and Dubai, and the international community’s struggle to contain Putin’s wealth
Stephanie Baker is a Senior Writer for Bloomberg
References:
Baker, Stephanie. Punishing Putin: Inside the Global Economic War to Bring down Russia. Scribner, 2024.
The International Emergency Economic Powers Act (IEEPA)
Upcoming Event: Register for Midnight in Moscow: A Memoir from the Front Lines of Russia's War Against the West, A Discussion with Ambassador John Sullivan – October 15 in Washington, DC
Upcoming ABA Event: Register for the Women in National Security Law event, A Discussion with National Security Lawyers Serving in Congress, this October 24th in Washington DC
Upcoming ABA Event: Register for the 34th Annual Review of the Field of National Security Law CLE Conference, this November 14th-15th in Washington, DC
This week, join the ABA Standing Committee for a discussion with David Cattler, Director of the Defense Counterintelligence and Security Agency (DCSA), the government's premier provider of integrated security services. DCSA blends industrial security, counterintelligence support, personnel vetting and security training to advance and preserve America's strategic edge.
David Cattler is Director of the Defense Counterintelligence and Security Agency (DCSA
Introduction by Harvey Rishikof, Senior Counselor to the ABA Standing Committee on Law and National Security
References:
Upcoming Event: Register for Midnight in Moscow: A conversation with Ambassador John J. Sullivan – October 15 – Noon – University Club, Washington, DC
Upcoming ABA Event: Register for the Women in National Security Law event, A Discussion with National Security Lawyers Serving in Congress, this October 24th in Washington DC
Upcoming ABA Event: Register for the 34th Annual Review of the Field of National Security Law CLE Conference, this November 14th-15th in Washington, DC
(Part 2 of 2) As AI advances and data privacy laws fall behind, the U.S. faces a major national security threat: the unchecked exploitation of personal data.This week, Elisa is joined by Margaret Hu, Professor of Law at William & Mary, and Davi Ottenheimer, Vice President of Trust and Digital Ethics at Inrupt, to explore the vulnerabilities in our digital footprint and what can be done to protect it. Together, they dive into the intricacies of microtargeting, AI regulation, and potential legislative fixes, while shedding light on the urgent need for a federal data privacy infrastructure.
Margaret Hu is the Taylor Reveley Research Professor and Professor of Law, and Director of the Digital Democracy Lab, at William & Mary Law School
Davi Ottenheimer is Vice President of Trust and Digital Ethics at Inrupt
References:
Hu, Margaret and Behar, Eliott and Ottenheimer, Davi, National Security and Federalizing Data Privacy Infrastructure for AI Governance. March 27, 2024.
Colorado SB24-205, Consumer Protections for Artificial Intelligence
Macagnone, Michael. “Appeals Court to Hear Tiktok Challenge to Law Requiring App Sale.” Roll Call, 12 Sept. 2024
California SB 1386, Overview
The General Data Protection Regulation (GDPR)
The EU Artificial Intelligence Act, Overview
NSLT Ep. 179, Algorithms – Who's in Control? with Alex Stamos (Part 1)
ABA Event: Register for the 34th Annual Review of the Field of National Security Law CLE Conference, this November 14th-15th in Washington, DC
ABA Event: Register for the Women in National Security Law event, A Discussion with National Security Lawyers Serving in Congress, this October 24th in Washington DC
As AI advances and data privacy laws fall behind, the U.S. faces a major national security threat: the unchecked exploitation of personal data.This week, Elisa is joined by Margaret Hu, Professor of Law at William & Mary, and Davi Ottenheimer, Vice President of Trust and Digital Ethics at Inrupt, to explore the vulnerabilities in our digital footprint and what can be done to protect it. Together, they dive into the intricacies of microtargeting, AI regulation, and potential legislative fixes, while shedding light on the urgent need for a federal data privacy infrastructure.
Margaret Hu is the Taylor Reveley Research Professor and Professor of Law, and Director of the Digital Democracy Lab, at William & Mary Law School
Davi Ottenheimer is Vice President of Trust and Digital Ethics at Inrupt
References:
Hu, Margaret and Behar, Eliott and Ottenheimer, Davi, National Security and Federalizing Data Privacy Infrastructure for AI Governance. March 27, 2024.
Macagnone, Michael. “Appeals Court to Hear Tiktok Challenge to Law Requiring App Sale.” Roll Call, 12 Sept. 2024
California SB 1386, Overview
The General Data Protection Regulation (GDPR)
The EU Artificial Intelligence Act, Overview
NSLT Ep. 179, Algorithms – Who's in Control? with Alex Stamos (Part 1)
ABA Event: Register for the 34th Annual Review of the Field of National Security Law CLE Conference, this November 14th-15th in Washington, DC
ABA Event: Register for the Protecting American Innovation from Foreign Adversaries luncheon this September 24th in Washington DC, featuring David Cattler, Director of the Defense Counterintelligence and Security Agency (DCSA)
ABA Event: Register for the Women in National Security Law event, A Discussion with National Security Lawyers Serving in Congress, this October 24th in Washington DC
(Part 2 of 2) Lobbying has long been a powerful force in Washington, shaping policies and influencing decisions behind closed doors. But how deep does this influence go, and what are the consequences for national security? This week, host Elisa sits down with Brody Mullins, co-author of The Wolves of K Street, to discuss the murky world of lobbying, its historical roots, and the unprecedented power wielded by today’s lobbyists. Part 2 of this two-part episode examines the role of the press in lobbying, how political fundraising pressures have allowed the lobbying industry to thrive, and whether existing laws have had any impact on influence peddling in Washington.
Brody Mullins is a Pulitzer Prize-winning investigative reporter and co-author of The Wolves of K Street
References:
Mullins, Brody, and Luke Mullins. The Wolves of K Street: The Secret History of How Big Money Took over Big Government. Simon & Schuster, 2024
CRS Legal Sidebar: District Court Holds That Google Unlawfully Monopolizes Online Search: Overview and Potential Remedies. Aug. 16 2024
Foreign Agents Registration Act (FARA)
Citizens United v. FEC
Section 230, Communications Decency Act
Honderich, Holly. “Nevada Politician Found Guilty of Murdering Reporter Jeff German.” BBC News. 29 Aug. 2024
“Vladimir Putin’s Flagship Arctic Gas Project Struggles to Lure Customers.” Financial Times. 5 Sep. 2024
Swenson, Ali. “Iran Is Accelerating Cyber Activity That Appears Meant to Influence the US Election, Microsoft Says.” AP News, 10 Aug. 2024.
“The Battle to Control the World’s Most Powerful Technology.” The New York Times, The New York Times, 4 Sept. 2024.
BASED Politics Inc. v. Merrick Garland
Lobbying has long been a powerful force in Washington, shaping policies and influencing decisions behind closed doors. But how deep does this influence go, and what are the consequences for national security? This week, host Elisa sits down with Brody Mullins, co-author of The Wolves of K Street, to discuss the murky world of lobbying, its historical roots, and the unprecedented power wielded by today’s lobbyists. Part 1 of this two-part episode examines the century-long evolution of lobbying, introduces the influential figures who reshaped the landscape, and reveals how foreign influence has turned lobbying into a high-stakes pursuit for immense financial gain.
Brody Mullins is a Pulitzer Prize-winning investigative reporter and co-author of The Wolves of K Street
References:
Mullins, Brody, and Luke Mullins. The Wolves of K Street: The Secret History of How Big Money Took over Big Government. Simon & Schuster, 2024
CRS Legal Sidebar: District Court Holds That Google Unlawfully Monopolizes Online Search: Overview and Potential Remedies. Aug. 16 2024
Part 2 of 2 – Amid heightened tensions in the Middle East, the Houthis have launched attacks on merchant vessels, disrupting global trade and raising crucial questions about maritime law. This week, Elisa sits down with Professor Magne Frostad of UiT the Arctic University of Norway to explore the legal frameworks that govern maritime security, the impact of these attacks on global supply chains, and the role of international bodies like the UN and ICC.
Magne Frostad is Professor of Law at the Faculty of Law at UiT The Arctic University of Norway
References:
Frostad, Magne. “Houthi Attacks on Merchant Vessels in the Red Sea.” Lieber Institute West Point, 10 June 2024
Frostad, Magne. Jus in Bello after September 11, 2001: The Relationship between Jus Ad Bellum and Jus in Bello and the Requirements for Status as Prisoner of War. Nomos, 2005.
United Nations Charter, Article 51
UN 1988 Treaty on Unlawful Conduct on the Sea
The UN Convention on the Law of the Sea (1982)
United Nations, Oceans and the Law of the Sea (Overview)
The "Letter of Marque" in the U.S. Constitution (Article I, Section 8, Clause 11)
1988 Safety of Life at Sea (SOLAS) Convention
Article 39, UN Charter
Article 8 bis, Rome Statute of the International Criminal Court
Article 234, UN Convention on the Law of the Sea
Amid heightened tensions in the Middle East, the Houthis have launched attacks on merchant vessels, disrupting global trade and raising crucial questions about maritime law. This week, Elisa sits down with Professor Magne Frostad of UiT the Arctic University of Norway to explore the legal frameworks that govern maritime security, the impact of these attacks on global supply chains, and the role of international bodies like the UN and ICC.
Magne Frostad is Professor of Law at the Faculty of Law at UiT The Arctic University of Norway:
References:
Frostad, Magne. “Houthi Attacks on Merchant Vessels in the Red Sea.” Lieber Institute West Point, 10 June 2024
Frostad, Magne. Jus in Bello after September 11, 2001: The Relationship between Jus Ad Bellum and Jus in Bello and the Requirements for Status as Prisoner of War. Nomos, 2005.
United Nations Charter, Article 51
UN 1988 Treaty on Unlawful Conduct on the Sea
The UN Convention on the Law of the Sea (1982)
United Nations, Oceans and the Law of the Sea (Overview)
The "Letter of Marque" in the U.S. Constitution (Article I, Section 8, Clause 11)
1988 Safety of Life at Sea (SOLAS) Convention
(Part 2 of 2) – As national security challenges evolve, so too does the scope of executive power in addressing them. This week, host Elisa is joined by Harold Hongju Koh, Sterling Professor of International Law and former dean of Yale Law School, to discuss his book, "The National Security Constitution in the 21st Century." Together, they explore the evolution of executive power over two centuries, delve into the implications of unilateral approaches to national security, and discuss the delicate balance between the branches of government in times of international crises.
Harold Hongju Koh is the Sterling Professor of International Law at Yale Law School:
References:
Harold Hongju Koh's book, "The National Security Constitution in the 21st Century" –Discount Code: HHKNS0824 is available until November 1, 2024 for 30% off if ordered through Yale University Press link.
United States v. Curtiss-Wright Export Corp
Trump v. United States
S.J.Res23 – Authorization for Use of Military Force
S.2284 – Intelligence Oversight Act of 1980
Zivotofsky v. Kerry
The Supreme Court’s “Major Questions” Doctrine: Background and Recent Developments
West Virginia v. United States
As national security challenges evolve, so too does the scope of executive power in addressing them. This week, host Elisa is joined by Harold Hongju Koh, Sterling Professor of International Law and former dean of Yale Law School, to discuss his book, "The National Security Constitution in the 21st Century." Together, they explore the evolution of executive power over two centuries, delve into the implications of unilateral approaches to national security, and discuss the delicate balance between the branches of government in times of international crises.
Harold Hongju Koh is the Sterling Professor of International Law at Yale Law School:
References:
Harold Hongju Koh's book, "The National Security Constitution in the 21st Century" –Discount Code: HHKNS0824 is available until November 1, 2024 for 30% off if ordered through Yale University Press link.
United States v. Curtiss-Wright Export Corp
Trump v. United States
S.J.Res23 – Authorization for Use of Military Force
S.2284 – Intelligence Oversight Act of 1980
Zivotofsky v. Kerry
The Supreme Court’s “Major Questions” Doctrine: Background and Recent Developments
West Virginia v. United States
As the U.S. gears up for another presidential election this Fall, it's crucial to understand the ins and outs of how Americans elect their leaders. What is the electoral college? And what happens if there is a contested election? This week, we're revisiting a past conversation with Professor Edward Foley, Director of Election Law at Ohio State University's Moritz College of Law. Ned dives in on how Americans elect our federal officers, and how the law and the courts have ruled on voting; from naming electors to deciding Bush v. Gore in 2000.
Professor Edward Foley is the Ebersold Chair in Constitutional Law at The Ohio State University and director of the school's election law program:
References:
Edward Foley "Think the Constitution protects your right to vote? That’s not really true — but it should." Washington Post, October 19, 2020
Presidential Elections and Majority Rule: The Rise, Demise, and Potential Restoration of the Jeffersonian Electoral College. Edward Foley, 2020
Ballot Battles: The History of Disputed Elections in the United States. Edward Foley, 2016
Bush v. Gore 531 US 98 (2000)
Chiafalo v. Washington 591 US_ (2020)
Republican Party of Pennsylvania v. Boockvar
Edward Foley "The Supreme Court ruling on ballot deadlines may be more of a reprieve for Democrats than a win." Washington Post, October 20, 2020
This week in Washington, leadership from NATO's 32 member nations convene for the annual NATO summit, marking the alliance's 75th anniversary. On the docket are contemporary challenges and controversies, all of which will influence the future direction of NATO. In honor of the summit we're re-airing two previous conversations, featuring NATO experts Erwan Lagadec and Simon Miles. Separately they discuss the formation of the NATO alliance, how it has transformed since its inception, and what may come in its future.
Dr. Erwan Lagadec is Associate Research Professor at the George Washington University's Institute for European, Russian, and Eurasian Studies (IERES)
Simon Miles is Assistant Professor in the Sandford School of Public Policy at Duke University
References:
Sarotte, M. E. Not One Inch: America, Russia, and the Making of Post-Cold War Stalemate, Yale University Press, 30 Nov. 2021
NSLT Ep. 228, "Ukraine Series: The Power of NATO with Dr. Erwan Lagadec"
NSLT Ep. 314, "NATO, the Warsaw Pact, and Understanding Today's Geopolitical Climate with Simon Miles"
Hirsh, Michael. “Trump’s Plan for NATO Is Emerging.” POLITICO, 7 Feb. 2024
The North Atlantic Treaty, Article 5
Miles, Simon. A View from Brussels: Secret NATO Reports about the East European Transition, 1988–1991. Historical Studies on Central Europe, 2022
The Warsaw Pact, 1955
Vance, J.D. Europe Must Stand on Its Own Two Feet on Defence, 19 Feb. 2024
This week, Elisa tackles hot-button issues in national security law: threats to the SWIFT system, Taiwan's semiconductor industry, and the uncertain future of NATO as we inch our way towards the U.S. presidential election this fall.
References:
NSLT Ep. 217, "Crackdown on Russia's Dirty Money with Brian Egan"
NSLT Ep. 325, "Security Lessons from Sci-Fi Worlds: Total Recall with Sunita Patel (Part 1)"
NSLT Ep. 228, "Ukraine Series: The Power of NATO with Dr. Erwan Lagadec"
Reiff, Nathan. “Swift and Sanctions: How Banking System Impacts International Relations.”Investopedia, Investopedia, 19 July 2022
Baazil, Diederik. “ASML and TSMC Can Disable Chip Machines If China Invades Taiwan.”Bloomberg.Com, 21 May 2024
Masafumi, IIDA. “China’s Chilling Cognitive Warfare Plans.” The Diplomat, The Diplomat, 7 May 2024
NATO Article 5
Like a vast haystack of digital information, bulk data conceals critical needles—sensitive details that, if found and exploited, can pose severe risks to national security. This week, Elisa is joined by Eric Johnson, the Principal Deputy Chief of the Foreign Investment Review Section at the DOJ's National Security Division. Together they discuss the implications of E.O. 14117, the balance between individual privacy and collective security, and how everyday digital activities contribute to the creation of bulk data.
Eric Johnson is the Principal Deputy Chief of the Foreign Investment Review Section in the United States Department of Justice’s National Security Division:
References:
E.O. 14117
E.O. 13873
The International Emergency Economic Powers Act (IEEPA)
The General Data Protection Regulation
Schrems I
Schrems II
Mullins, Brody, and Luke Mullins. The Wolves of K Street: The Secret History of How Big Money Took over Big Government. Simon & Schuster, 2024
The Congressional Research Service website
Sanchi Jayaram, Assistant Director, American Law Division of the Congressional Research Service
Could the personal data of millions of Americans be our country's greatest national security treasure? This week, host Elisa is joined by Brandon Pugh, Policy Director and Resident Senior Fellow for the Cybersecurity and Emerging Threats team at the R Street Institute. Together, they discuss the silent behemoth that is online personal data collection and distribution. What could a foreign adversary do with our bulk data? And how close is Congress to passing a framework to address this growing threat?
Brandon Pugh is Policy Director and Resident Senior Fellow for the R Street Institute’s Cybersecurity and Emerging Threats team
References:
Register to attend our June 28th luncheon program: "The National Security Constitution in the 21st Century: A discussion with Harold Hongju Koh"
R Street Event, June 18th: "Cybersecurity: Tackling the Policy Puzzle"
The AI Summit at Blackhat USA – August 6th 2024
National Cyber Security Strategy, March 2023
Microtargeting Unmasked: Safeguarding Law Enforcement, the Military, and the Nation in the Era of Personalized Threats
The General Data Protection Regulation
The American Privacy Rights Act (APRA)
H.R.8152, American Data Privacy and Protection Act
H.R.7520, Protecting Americans’ Data from Foreign Adversaries Act of 2024
S. 1409, Kids Online Safety Act
Cyber Civil Defense Initiative
On May 29th, the Standing Committee on Law and National Security hosted a luncheon featuring Jonathan Meyer, General Counsel for the DHS. Moderated by committee member Harvey Rishikof, Jonathan shared some of the department's key insights from the 2024 Homeland Threat Assessment, highlighting threats like foreign and domestic terrorism, immigration, cyber attacks, and the leveraging of AI technologies to create and spread disinformation. The following episode features his commentary from the event, as well as questions from the audience.
Jonathan E. Meyer is General Counsel for the DHS
Moderated by Harvey Rishikof, Senior Counselor of the ABA Standing Committee on Law and National Security
References:
C-SPAN: "Homeland Security General Counsel on Agency Priorities". May 29th, 2024
"Homeland Threat Assessment 2024". The U.S. Department of Homeland Security Office of Intelligence and Analysis
H.R. 815, "Emergency National Security Supplemental Appropriations Act, 2024"
FISA, Section 230
The General Data Protection Regulation
(Part 2 of 2) Continuing our series on the intersection of sci-fi and national security, host Elisa is joined by Sunita Patel, Senior Assistant General Counsel for Product Security at Micron. Together they unpack the 1990's film, Total Recall, exploring themes of memory, identity, and reality. What can sci-fi tales like Total Recall teach us about real "brain-computer" projects like Nuralink? And do we have the right agency to oversee this type of technology, taking all of its benefits and risks into account?
Sunita Patel is the Senior Assistant General Counsel for Product Security at Micron
References:
Ramkumar, Amrith. “The Solar Breakthrough That Could Help the U.S. Compete with China.”The Wall Street Journal, 30 May 2024
Rivkin, David, and Lee Casey. Opinion | Israel, Hamas and the Law of War, 29 May 2024
Verhoeven, Paul. Total Recall. TriStar Pictures, 1990
We Can Remember It for You Wholesale, by Philip K. Dick
"Driving U.S. Innovation in Artificial Intelligence: A Roadmap for Artificial Intelligence Policy in the United States Senate."The Bipartisan Senate AI Working Group
“AI Governance Needs Sociotechnical Expertise.” Data & Society. 15 May 2024
Markoff, John. “Elon Musk’s Neuralink Wants ‘sewing Machine-like’ Robots to Wire Brains to the Internet.” The New York Times, The New York Times, 17 July 2019
H.R. 4346, Chips and Science Act
The General Data Protection Regulation (GDPR)
S. 2103, Intelligence Authorization Act for Fiscal Year 2024
Continuing our series on the intersection of sci-fi and national security, host Elisa is joined by Sunita Patel, Senior Assistant General Counsel for Product Security at Micron. Together they unpack the 1990's film, Total Recall, exploring themes of memory, identity, and reality. What can sci-fi tales like Total Recall teach us about real "brain-computer" projects like Nuralink? And how could technologies like Nuralink impact health and cybersecurity policymaking in the future?
Sunita Patel is the Senior Assistant General Counsel for Product Security at Micron
References:
"Driving U.S. Innovation in Artificial Intelligence: A Roadmap for Artificial Intelligence Policy in the United States Senate."The Bipartisan Senate AI Working Group
“AI Governance Needs Sociotechnical Expertise.” Data & Society. 15 May 2024
Markoff, John. “Elon Musk’s Neuralink Wants ‘sewing Machine-like’ Robots to Wire Brains to the Internet.” The New York Times, The New York Times, 17 July 2019
H.R. 4346, Chips and Science Act
The General Data Protection Regulation (GDPR)
S. 2103, Intelligence Authorization Act for Fiscal Year 2024
This week, Elisa dives straight in with a quick national security news update, spotlighting the recent death of Iranian President Ebrahim Raisi, as well as the ICC announcement of war crime charges against both Israel and Hamas leaders in relation to the Oct. 7th attacks and aftermath. Following the news update, Elisa revisits a previously aired discussion with Dimitri Alperovitch, co-founder of Crowdstrike Inc. and a visionary in cybersecurity, on global power dynamics in the cyber realm.
Dmitri Alperovitch is the Co-Founder and Executive Chairman of the Silverado Policy Accelerator, a non-profit focused on advancing American prosperity and global leadership in the 21st century and beyond:
References:
Alperovitch, Dmitri, and Garrett Graff. World on the Brink: How America Can Beat China in the Race for the 21st Century. PublicAffairs, 2024
Listen in to Dimitri's podcast, "Geopolitics Decanted" by Silverado
The CHIPS Act of 2022
Alperovitch, Dmitri. “The Case for Cyber-Realism.” Foreign Affairs, 2022
NSLT Ep. 277, "Justice on the World Stage: Inside the ICC with Cora True-Frost (Part 1)
NSLT Ep. 277, "Justice on the World Stage: Inside the ICC with Cora True-Frost (Part 2)
Looking for the latest national security news? This week, Elisa breaks down recent national security related headlines, including Russia's advancement in Ukraine, major U.S. leaps in quantum computing, and a preview of next week's episode covering how your personal data, including DNA data, are quietly being bought and sold.
References:
"Russia intensifies Attacks on Ukraine's Kharkiv Region." Aljazeera. May 13 2024
"Turkey's trade with Russia drops after U.S. pressure." Financial Times. April 30 2024
E.O. 14081: Executive Order on Advancing Biotechnology and Biomanufacturing Innovation for a Sustainable, Safe, and Secure American Bioeconomy
This week, Elisa is back with Tracy Reynolds and Harvey Rishikof to discuss the second book in Octavia Butler's popular Parable series, Parable of the Talents. Together they discuss its real-world connections, ironic cultural and religious references, and its cautionary connections to today's national security law issues. Elisa opens the episode by running through the latest national security news headlines.
Harvey Rishikof is Senior Counselor of the ABA Standing Committee on Law and National Security
Tracy Reynolds is a Commander in the U.S. Navy, and Co-Chair of the Space Law Interest Group with the American Society of International Law
References:
Now hiring! The ABA Standing Committee on Law and National Security is seeking a Program Specialist
Check out the open internships with the ABA Standing Committee on Law and National Security:
Book: Parable of the Talents, written by Octavia Butler
NSLT Ep. 314, "NATO, the Warsaw Pact, and Understanding Today's Geopolitical Climate with Simon Miles
This week, we continue our series on the intersection of sci-fi and national security, diving into the popular novel and now Netflix series, The Three Body Problem. Host Elisa is joined again by Tracy Reynolds as well as Harvey Rishikof to discuss the book's themes, lessons and cautionary connections to today's national security issues. In addition, Elisa concludes the episode by running through the latest national security news headlines.
Harvey Rishikof is Senior Counselor of the ABA Standing Committee on Law and National Security
Tracy Reynolds is a Commander in the U.S. Navy, and Co-Chair of the Space Law Interest Group with the American Society of International Law
References:
The ABA Standing Committee on Law and National Security is now hiring a Program Specialist! Check out the job description here
Check out the open internships with the ABA Standing Committee on Law and National Security
Book: The Three Body Problem, written by Cixin Liu
Inkster, Nigel. “The XI Files: How China Spies.” The Spectator, 25 Apr. 2024
As reality begins to echo the cautionary tales of science fiction, one question looms: are we listening to their warnings? Kicking off our series on the intersection of sci-fi and national security, host Elisa is joined by Tracy Reynolds, U.S. Navy Commander and Co-Chair of the Space Law Interest Group with the American Society of International Law. Together, they embark on a journey through the realms of Dune, Parable of the Sower, and the Lathe of Heaven, unraveling the parallels between fictional narratives and real-world national security challenges.
Tracy Reynolds is a Commander in the U.S. Navy, and Co-Chair of the Space Law Interest Group with the American Society of International Law
References:
Book: The Dune Series, written by Frank Herbert
Book: Parable of the Sower, written by Octavia Butler
Book: The Lathe of Heaven, written by Ursula Le Guin
The Outer Space Treaty
The UN Convention on the Law of the Sea
NSLT Episode: "Seabed Mining as a National Security Threat: The Laws of the Sea with Matt Gianni (Part 1)"
As today's national security threats evolve, they must be met with agile and effective intelligence capabilities. On April 9th, FBI Director Christopher Wray spoke before the ABA Standing Committee on Law and National Security on the bureau’s priorities, including foreign threats to American elections, cyber-attacks on the US infrastructure and threats posed by foreign adversaries. He also discussed the importance of FISA Section 702 – a tool used to combat threats posed by foreign adversaries. This week, we bring you his remarks to the Committee, which came just three days prior to the House vote reauthorizing 702.
Christopher Wray is Director of the Federal Bureau of Investigation
Introductions by Jason Klitenic, Member, ABA Standing Committee on Law and National Security
References:
Transcript: Director Wray's Remarks to the ABA Standing Committee on Law and National Security
Foreign Intelligence Surveillance Act (FISA) Section 702 Resource Page
"Warrant Requirement for FBI’s Section 702 Queries Would Impede Investigations, Endanger National Security, Director Says." FBI.gov. Apr. 9, 2024
Barr, Luke. “Foreign Terrorists Targeting US ‘Increasingly Concerning’: FBI Director.” ABC News, ABC News Network, 9 Apr. 2024
As law students across the country prepare to graduate this spring, what might a career in national security law have in store for them? This week, we're recasting an episode from last September, featuring arms control expert and Professor of Law at Georgetown University, David Koplow. Together with Elisa, David guides us through the history of WMDs, the laws and treaties that govern them, and how AI innovation will shape our future understanding (and careers) in national security.
David Koplow is a Professor of Law at Georgetown University
References:
UN Security Council Resolution of 1977
1993 Chemical Weapons Convention, ICRC
2017 Treaty on the Prohibition of Nuclear Weapons
2023 Cluster Munition Monitor Report
Koplow, David A. Non-Lethal Weapons the Law and Policy of Revolutionary Technologies for the Military and Law Enforcement. Cambridge University Press, 2006
Koplow, David A. Death by Moderation: The U.S. Military’s Quest for Useable Weapons. Cambridge University Press, 2010
Koplow, David A. Smallpox: The Fight to Eradicate a Global Scourge. University of California Press, 2003
This week, host Elisa dives into the latest national security headlines, from happiness surveys and foreign influence on social media, to AI guidance across the U.S. financial services sector.
References:
Israel Has Killed a Top Hamas Commander in Gaza. It Took Five Months. WSJ. March 20, 2024
Managing Artificial Intelligence-Specific Cybersecurity Risks in the Financial Services Sector. The U.S. Department of the Treasury. March 2024
In honor of Civic Learning Week 2024, this week host Elisa is joined by Dr. Michael Feuer, Dean of the Graduate School of Education and Human Development at George Washington University. Together, they dive into the importance of reinforcing early civic education, how technology has changed the way we listen to others, as well as other overarching themes from Michael's new book, Can Schools Save Democracy? Civic Education and the Common Good.
Dr. Michael Feuer is Dean of the Graduate School of Education and Human Development, and Professor of Education Policy at George Washington University
References:
Feuer, Michael J. Can Schools Save Democracy?: Civic Education and the Common Good. Johns Hopkins University Press, 2023
The Digital Inquiry Group
Facing History & Ourselves
NSLT Ep. 314, "NATO, the Warsaw Pact, and Understanding Today's Geopolitical Climate with Simon Miles"
On February 28th, President Biden signed Executive Order 14117 on "Preventing Access to Americans’ Bulk Sensitive Personal Data and United States Government-Related Data by Countries of Concern." This week, host Elisa is joined by friend-of-the-cast Alex Joel to breakdown the key actions within this EO, what types of data the DOJ may restrict, what "countries of concern" encompasses, and any potential blind spots this EO could be missing.
Alex Joel is a Scholar-in-Residence and Adjunct Professor at the Washington College of Law at American University
References:
E.O. 14117
E.O. 13873
H.R. 7738, International Emergency Economic Powers Act, 1977
H.R. 5841, Foreign Investment Risk Review Modernization Act, 2018
Provide commentary to the U.S. Department of Justice on E.O. 14117
What do the foundations of the Warsaw Pact teach us about the modern Russian attitude towards the west? This week, host Elisa is joined by Simon Miles, diplomatic historian and Assistant Professor for Slavic and Eurasian studies at the Sandford School of Public Policy at Duke University. Together they discuss the history of the Warsaw Pact, its archive materials, how the NATO alliance has transformed over the last 6 decades, and how U.S. participation in NATO could evolve in the future.
Simon Miles is Assistant Professor in the Sandford School of Public Policy at Duke University:
https://sanford.duke.edu/profile/simon-miles/
References:
Miles, Simon. A View from Brussels: Secret NATO Reports about the East
European Transition, 1988–1991. Historical Studies on Central Europe, 2022
The Warsaw Pact, 1955:
Vance, J.D. Europe Must Stand on Its Own Two Feet on Defence, 19 Feb. 2024
On February 26th, the U.S. supreme court heard oral arguments for two cases - Moody v. NetChoice, LLC, and NetChoice, LLC v. Paxton. These cases, specific to Florida and Texas, would similarly restrict social media companies' ability to moderate content on their platforms. This week, host Elisa is joined by Stephen Vladeck, the Charles Alan Wright Chair in Federal Courts at the University of Texas School of Law as well as the co-host of the award-winning National Security Law podcast. Together they discuss the arguments posed by two cases, whether content moderation laws challenge First Amendment rights, and how cases like these could impact the future digital content landscape.
Stephen I. Vladeck holds the Charles Alan Wright Chair in Federal Courts at the University of Texas School of Law, and is a nationally recognized expert on the federal courts, constitutional law, national security law, and military justice: https://law.utexas.edu/faculty/stephen-i-vladeck
References:
Moody v. NetChoice, LLC
NetChoice, LLC v. Paxton
The Good Neighbor Plan for 2015 Ozone
Gonzalez v. Google, LLC
Twitter v. Taamneh
Holder v. Humanitarian Law Project, 2010
Murthy v. Missouri
Texas Senate Bill 4
Reset, Prevent, Build: A Strategy to Win America's Economic Competition with the Chinese Communist Party. House Select Committee on the Strategic Competition Between the United States and Communist Party of China, 2023
Vladeck, Stephen I. The Shadow Docket: How the Supreme Court Uses Stealth Rulings to Amass Power and Undermine the Republic. Basic Books, 2023
One First with Steve Vladeck, a weekly newsletter aiming to make the Supreme Court's rulings, procedures, history and more accessible to all
Check out the National Security Law podcast
The Supreme Court of the United States
This week, Elisa is joined again by Judge James Baker to continue their conversation beyond the conflict zone; together, they dive into AI ethics, recommended protocols for applying AI in within the practice of law, the risks AI technology could pose on election cycles across the globe, as well as other national security related news.
Hon. James E. Baker is Director of the Syracuse University Institute for Security Policy and Law, and Professor at the Syracuse College of Law and the Maxwell School of Citizenship and Public Affairs:
https://drive.google.com/file/d/14GzhX1dFLAEgvKJ10up6RFHM2QS4qtfI/view?usp=share_link
References:
Florida Bar Ethics Opinion, 24-1:
https://www.floridabar.org/etopinions/opinion-24-1/
Mata v. Avianca:
https://casetext.com/case/mata-v-avianca-inc-2
E.O. 14110:
https://www.whitehouse.gov/briefing-room/presidential-actions/2023/10/30/executive-order-on-the-safe-secure-and-trustworthy-development-and-use-of-artificial-intelligence/
The EU Artificial Intelligence Act:
https://artificialintelligenceact.eu
Hu, Charlotte. “How Ai Bots Could Sabotage 2024 Elections around the World.” Scientific American, 20 Feb. 2024:
https://www.scientificamerican.com/article/how-ai-bots-could-sabotage-2024-elections-around-the-world/#:~:text=Studies%20of%20disinformation%20in%20previous,online%20discussions%20and%20eroding%20trust.
The world watches as the war between Israel and Hamas continues, claiming thousands of lives and leaving many questioning the motives and methods of those in charge. Do Israel's recent retaliations still fall within the Law of Armed Conflict? This week, host Elisa is joined by Judge James Baker to review the global frameworks at play and discuss whether recent actions are in violation of these governing principles.
Hon. James E. Baker is Director of the Syracuse University Institute for Security Policy and Law, and Professor at the Syracuse College of Law and the Maxwell School of Citizenship and Public Affairs:
https://drive.google.com/file/d/14GzhX1dFLAEgvKJ10up6RFHM2QS4qtfI/view?usp=share_link
References:
The Law of Armed Conflict, Basic Knowledge. International Committee of the Red Cross:
https://www.icrc.org/en/doc/assets/files/other/law1_final.pdf
The Geneva Conventions:
https://www.icrc.org/en/doc/assets/files/publications/icrc-002-0173.pdf
The Law of War Manual. The U.S. Department of Defense:
https://dod.defense.gov/Portals/1/Documents/pubs/DoD%20Law%20of%20War%20Manual%20-%20June%202015%20Updated%20Dec%202016.pdf?ver=2016-12-13-172036-190
Separate Opinion of Judge ad hoc Barak. International Court of Justice. Jan. 26 2024:
https://www.icj-cij.org/node/203452
A Guide to the Memos on Torture. The New York Times:
https://archive.nytimes.com/www.nytimes.com/ref/international/24MEMO-GUIDE.html?_r=
National Security Memorandum on Safeguards and Accountability With Respect to Transferred Defense Articles and Defense Services. The White House. Feb. 8 2024:
https://www.whitehouse.gov/briefing-room/presidential-actions/2024/02/08/national-security-memorandum-on-safeguards-and-accountability-with-respect-to-transferred-defense-articles-and-defense-services/
This week, host Elisa is joined by Jamil Jaffer to cover the latest buzzworthy national security law topics. How might the denial of Donald Trump's presidential immunity impact future checks on executive power? Will Defense Secretary Austin's hospitalization impact U.S. involvements abroad? And did Tucker Carlson's interview with Vladamir Putin simply serve as a propaganda tool, contributing to the deluge of disinformation out of Russia?
Jamil Jaffer is the Founder and Executive Director of the National Security Institute, and an Assistant Professor of Law and Director of the National Security Law & Policy Program at the Antonin Scalia Law School at George Mason University:
https://www.law.gmu.edu/faculty/directory/fulltime/jaffer_jamil_n
References:
Summary of the Emoluments Clause Restrictions:
https://dodsoco.ogc.osd.mil/Portals/102/summary_emoluments_clause_restrictions.pdf
Foreign Agents Registration Act (FARA): An Overview:
https://crsreports.congress.gov/product/pdf/IF/IF10499
Marimow, Ann E., and Cat Zakrzewski. “U.S. Supreme Court to Rule on Texas Law Limiting Social Media Content Removal.” The Texas Tribune, The Washington Post, 29 Sept. 2023:
www.texastribune.org/2023/09/29/supreme-court-texas-social-media-law/.
(Part 2 of 2) – This week we're covering the range of national security law topics that have been making global headlines. Host Elisa is joined by Harvey Rishikof, Senior Counsel with the ABA Standing Committee on Law and National Security, to breakdown the latest national security law news out of China, Ukraine, Russia and Iran.
Harvey Rishikof is Senior Counsel with the ABA Standing Committee on Law and National Security:
https://drive.google.com/file/d/1AsBZ8upxe4Buq0tDtx-gdWDvebv4qTXz/view?usp=share_link
References:
Chair's Summary of the AI Safety Summit 2023, Bletchley Park:
https://assets.publishing.service.gov.uk/media/6543e0b61f1a60000d360d2b/aiss-chair-statement.pdf
Friedman, Thomas L. “Foreign Affairs Big Mac I.” The New York Times, The New York Times, 8 Dec. 1996:
www.nytimes.com/1996/12/08/opinion/foreign-affairs-big-mac-i.html
George, Roger Z., and Harvey Rishikof. The National Security Enterprise: Navigating the Labyrinth. Georgetown University Press, 2017:
https://press.georgetown.edu/Book/The-National-Security-Enterprise
Gordon, Michael, et al. “U.S. Secretly Alerted Iran Ahead of Islamic State Terrorist Attack.” The Wall Street Journal, 2024:
www.wsj.com/world/middle-east/u-s-secretly-alerted-iran-ahead-of-islamic-state-terrorist-attack-af77a19a.
The Joint Comprehensive Plan of Action (JCPOA), 2015:
https://2009-2017.state.gov/documents/organization/245317.pdf
Paul, Christopher, and Miriam Matthews. “The Russian ‘Firehose of Falsehood’ Propaganda Model: Why It Might ...” RAND:
www.rand.org/pubs/perspectives/PE198.html.
Section 230 of the Communications Decency Act:
https://www.govinfo.gov/content/pkg/USCODE-2021-title47/pdf/USCODE-2021-title47-chap5-subchapII-partI-sec230.pdf
The Defense Production Act:
https://www.fema.gov/sites/default/files/2020-03/Defense_Production_Act_2018.pdf
This week we're covering the range of national security law topics that have been making global headlines. Host Elisa is joined by Harvey Rishikof, Senior Counsel with the ABA Standing Committee on Law and National Security, to breakdown the latest national security law news out of Israel, China, Ukraine and Russia.
Harvey Rishikof is Senior Counsel with the ABA Standing Committee on Law and National Security:
https://drive.google.com/file/d/1AsBZ8upxe4Buq0tDtx-gdWDvebv4qTXz/view?usp=share_link
References:
NSLT Episode, "Understanding the International Criminal Court with Brian Egan." Jul 10, 2020:
https://podcasts.apple.com/us/podcast/national-security-law-today/id1276946676?i=1000485211987
The Rome Statute:
https://www.icc-cpi.int/sites/default/files/RS-Eng.pdf
South Africa v. Israel. ICJ, Jan. 2024:
https://www.icj-cij.org/sites/default/files/case-related/192/192-20240126-ord-01-00-en.pdf
“Israeli Defence Minister Orders ‘complete Siege’ on Gaza.” Al Jazeera, Al Jazeera, 9 Oct. 2023:
www.aljazeera.com/program/newsfeed/2023/10/9/israeli-defence-minister-orders-complete-siege-on-gaza
Jason Matheny audio remarks at the 33rd Annual Review of the Field of National Security Law Conference, "Emerging Technologies and Existential Risks":
https://www.americanbar.org/groups/law_national_security/events_cle/33rd-annual-review-of-the-field-of-national-security-law-cle-conference/audio-recordings-33rd-annual-review-of-the-field-of-national-security-law-conference/
Part 2 of 2 – If fortune favors the brave, then North Korea is certainly making a name for itself in the world of crypto; in 2023, hackers linked to the DPRK stole an equivalent of $600 million in global virtual currency. This week, host Elisa is joined by Sujit Raman, Chief Legal Officer at TRM labs. Together, they discuss how North Korea has a documented role in stealing global crypto assets over recent years, and whether broader penalties like sanctions might have any effect. Sujit Raman is the Chief Legal Officer at TRM Labs:https://docs.google.com/document/d/1mNu3rQ1jZUGGi934L-FS-R1wbNP3mxc9/edit?usp=share_link&ouid=115287310253365681610&rtpof=true&sd=trueReferences:Cryptocurrency Enforcement Framework. Department of Justice, 2020:https://www.justice.gov/archives/ag/page/file/1326061/download Markets in Crypto Assets Regulation (MiCA):https://www.esma.europa.eu/esmas-activities/digital-finance-and-innovation/markets-crypto-assets-regulation-mica“North Korean Hackers Stole $600 Million in Crypto in 2023: Trm Insights.” RSS: www.trmlabs.com/post/north-korean-hackers-stole-600-million-in-crypto-in-2023“U.S. Treasury Sanctions North Korean Cyber Intrusion Group Kimsuky: Trm Insights.” RSS:www.trmlabs.com/post/us-treasury-sanctions-north-korean-cyber-intrusion-group-kimsuky“North Korean Threat Actors Continue to Target Cryptocurrency Businesses: Trm Insights.” RSS: www.trmlabs.com/post/north-korean-threat-actors-continue-to-target-cryptocurrency-businesses
If fortune favors the brave, then North Korea is certainly making a name for itself in the world of crypto; in 2023, hackers linked to the DPRK stole an equivalent of $600 million in global virtual currency. This week, host Elisa is joined by Sujit Raman, Chief Legal Officer at TRM labs. Together, they discuss the foundations of cryptocurrency, its inherent strengths and vulnerabilities, and the current state of digital asset policy in the United States. Sujit Raman is the Chief Legal Officer at TRM Labs:https://docs.google.com/document/d/1mNu3rQ1jZUGGi934L-FS-R1wbNP3mxc9/edit?usp=share_link&ouid=115287310253365681610&rtpof=true&sd=trueReferences:Markets in Crypto Assets Regulation (MiCA):https://www.esma.europa.eu/esmas-activities/digital-finance-and-innovation/markets-crypto-assets-regulation-mica“North Korean Hackers Stole $600 Million in Crypto in 2023: Trm Insights.” RSS, www.trmlabs.com/post/north-korean-hackers-stole-600-million-in-crypto-in-2023“U.S. Treasury Sanctions North Korean Cyber Intrusion Group Kimsuky: Trm Insights.” RSS, www.trmlabs.com/post/us-treasury-sanctions-north-korean-cyber-intrusion-group-kimsuky“North Korean Threat Actors Continue to Target Cryptocurrency Businesses: Trm Insights.” RSS, www.trmlabs.com/post/north-korean-threat-actors-continue-to-target-cryptocurrency-businesses
To what extent do elected officials and lawmakers understand how data transmits the internet? This week, host Elisa is joined by Alex Joel of American University's Washington College of Law for the second half of their discussion on international data transmission and privacy. Alex sheds light on the concept of data localization, delves into the intricacies of Schrems cases I & II, and discusses how the rulings on these cases impact global data flows and national security. Alex Joel is a Scholar-in-Residence and Adjunct Professor at American University's Washington College of Law:https://www.wcl.american.edu/community/faculty/profile/ajoel/bio/References:The CLOUD Act:https://epic.org/wp-content/uploads/privacy/cloud-act/cloud-act-text.pdfSchrems I:https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A62014CJ0362Schrems II:https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A62018CJ0311Charter of Fundamental Rights of the European Union:https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:12012P/TXT"Digital Repression Growing Globally, Threatening Freedoms." The National Intelligence Council:https://www.dni.gov/files/ODNI/documents/assessments/NIC-Declassified-Assessment-Digital-Repression-Growing-April2023.pdf"Global Trends 2040." The National Intelligence Council:https://www.dni.gov/files/ODNI/documents/assessments/GlobalTrends_2040.pdfE.O. 14086:https://www.govinfo.gov/content/pkg/FR-2022-10-14/pdf/2022-22531.pdfEU General Data Protection Regulation (GDPR):https://gdpr.eu/tag/gdpr/Foreign Intelligence Surveillance Act (FISA) Section 702 Resource Page:https://www.fisa702resources.com/The Fair Information Practice Principles:https://www.dhs.gov/sites/default/files/2023-08/Governing%20Privacy%20Policy%20-%20The%20Fair%20Information%20Principles-Framework%20for%20Privacy%20Policy%20at%20the%20Department%20of%20Homeland%20Security.pdfThe Privacy Act of 1974:https://osc.gov/Pages/Privacy-Act.aspx#:~:text=The%20Privacy%20Act%20provides%20protections,relevant%2C%20timely%20or%20complete%3B%20andOECD Privacy Guidelines, 1980:https://legalinstruments.oecd.org/en/instruments/OECD-LEGAL-0188
How much of your personal information is being bought and sold by data providers and brokers? For the average American, the sheer volume of these transactions can be staggering. This week, host Elisa is joined by Alex Joel of American University's Washington College of Law to discuss how user data is circulated and sold, how Congress might approach broader privacy regulations, and how personal data might be accessible to foreign entities and adversaries. Alex Joel is a Scholar-in-Residence and Adjunct Professor at American University's Washington College of Law:https://www.wcl.american.edu/community/faculty/profile/ajoel/bio/References:E.O. 14086:https://www.govinfo.gov/content/pkg/FR-2022-10-14/pdf/2022-22531.pdfEU General Data Protection Regulation (GDPR):https://gdpr.eu/tag/gdpr/Foreign Intelligence Surveillance Act (FISA) Section 702 Resource Page:https://www.fisa702resources.com/The Fair Information Practice Principles:https://www.dhs.gov/sites/default/files/2023-08/Governing%20Privacy%20Policy%20-%20The%20Fair%20Information%20Principles-Framework%20for%20Privacy%20Policy%20at%20the%20Department%20of%20Homeland%20Security.pdfThe Privacy Act of 1974:https://osc.gov/Pages/Privacy-Act.aspx#:~:text=The%20Privacy%20Act%20provides%20protections,relevant%2C%20timely%20or%20complete%3B%20andOECD Privacy Guidelines, 1980:https://legalinstruments.oecd.org/en/instruments/OECD-LEGAL-0188
As the nation grieves the passing of Justice Sandra Day O’Connor, the first woman to serve as a U.S. Supreme Court Justice, she is remembered not just for her groundbreaking work within the Court, but also as a dedicated and passionate civic educator. This week host Elisa is joined by Elizabeth Rindskopf Parker and Suzanne Spaulding to discuss Justice O’Connor's legacy, her impact on civics education, and how her influence inside and outside of the Court has shaped American society. Elizabeth Rindskopf Parker is former General Counsel of the National Security Agency and Central Intelligence Agency:https://www.csis.org/people/elizabeth-rindskopf-parkerSuzanne Spaulding is former Undersecretary for the Department of Homeland Security:https://www.csis.org/people/suzanne-spauldingReferences:The O'Connor Institute page on Civics Education:https://oconnorinstitute.org/civics-education/iCivics website:https://www.icivics.org/our-founderTreisman, Rachel. “Sandra Day O’Connor’s Legacy Extends Far beyond the Supreme Court, Her Son Says.” NPR, NPR, 19 Dec. 2023:www.npr.org/2023/12/19/1220093787/sandra-day-oconnor-funeral-legacy.
The clock is ticking fast for reauthorization of FISA Section 702. With several proposed bills on the table and lack of consensus within Congress, the fate of this surveillance tool is at this time unclear. This week, host Elisa is joined by Glenn Gerstell and Adam Hickey to discuss the security value of Section 702, its strengths and weaknesses, and how clashing views behind privacy and data collection are shaping the conversation. Glenn Gerstell is former General Counsel at the National Security Agency:https://glenngerstell.com/#about Adam Hickey is Partner at Mayer Brown, and the former Deputy Assistant Attorney General for National Security:https://www.mayerbrown.com/en/people/h/adam-hickey?tab=overview References: Foreign Intelligence Surveillance Act (FISA) Section 702 Resource Page:https://www.fisa702resources.com FISA Section 702 Overview:https://www.dni.gov/files/icotr/Section702-Basics-Infographic.pdf Report on the Surveillance Program Pursuant to Section 702 of the Foreign Intelligence Surveillance Act, PCLOB 2023:https://documents.pclob.gov/prod/Documents/OversightReport/054417e4-9d20-427a-9850-862a6f29ac42/2023%20PCLOB%20702%20Report%20(002).pdf HPSCI FISA Section 702 Report, November 2023:https://intelligence.house.gov/uploadedfiles/hpsci_fisa_reauthorization_2023_report.pdf E.O. 12333:https://dpcld.defense.gov/Portals/49/Documents/Civil/eo-12333-2008.pdf S.3351, FISA Reform and Reauthorization Act of 2023:https://www.congress.gov/bill/118th-congress/senate-bill/3351?s=1&r=3&q=%7B%22search%22%3A%22chamberActionDateCode%3A%5C%222023-11-28%7C118%7C10000%5C%22+AND+billIsReserved%3A%5C%22N%5C%22%22%7D S.1265, Fourth Amendment Is Not For Sale Act:https://www.congress.gov/bill/117th-congress/senate-bill/1265 H.R. 6570, Protect Liberty and End Warrantless Surveillance Act of 2023:https://www.congress.gov/bill/118th-congress/house-bill/6570
In November, the ABA Standing Committee on Law and National Security hosted its 33rd Annual Review of the Field of National Security Law Conference, featuring a special keynote address from former CIA director and former Commander of U.S. forces in Iraq and Afghanistan, General David Petraeus. Together with ABA Standing Committee on Law and National Security Chair, Stephen Preston, General Petraeus discusses his recent book, Conflict: The Evolution of Warfare from 1945 to Ukraine, and how it's themes and lessons connect to the modern day conflicts in Ukraine, Middle East, and beyond. General David Petraeus is Partner at KKR and Chairman of the KKR Global Institute. General Petraeus is also former CIA Director and former Commander of U.S. forces in Iraq and Afghanistan:https://www.kkr.com/about/our-people/david-h-petraeusModerated by Stephen Preston, Chair of the American Bar Association's Standing Committee on Law and National Security, and Partner at WilmerHale:https://www.wilmerhale.com/en/people/stephen-preston References:Petraeus, David Howell, and Andrew Roberts. Conflict: The Evolution of Warfare from 1945 to Ukraine. Harper, an Imprint of HarperCollins Publishers, 2023:https://www.harpercollins.com/products/conflict-david-petraeusandrew-roberts?variant=41006278508578The Geneva Conventions:https://www.icrc.org/en/doc/assets/files/publications/icrc-002-0173.pdfThe Law of Armed Conflict, Basic Knowledge. International Committee of the Red Cross:https://www.icrc.org/en/doc/assets/files/other/law1_final.pdfRoberts, Andrew. Churchill: Walking with Destiny. Viking, 2018:https://www.barnesandnoble.com/w/churchill-andrew-roberts/1127949760
With a history that spans over 300 years, how and when did the U.S.-Iran relationship shift from amicable to adversarial? This week, host Elisa is joined by John Ghazvinian, Executive Director of the Middle East Center at the University of Pennsylvania and author of America and Iran: A History, 1720 to the Present. John delves into the intricate tapestry of Iran and America's interconnected past, spanning centuries of shifting alliances, and explores the transformation from once fervent allies to staunch adversaries on the global stage.John Ghazvinian is the Executive Director of the Middle East Center at the University of Pennsylvania:https://mec.sas.upenn.edu/people/john-ghazvinianReferences:Ghazvinian, John. America and Iran: A History, 1720 to the Present. Vintage Books, a Division of Penguin Random House LLC, 2021:https://www.penguinrandomhouse.com/books/59417/america-and-iran-by-john-ghazvinian/1968 Treaty on the Non-Proliferation of Nuclear Weapons:https://www.iaea.org/sites/default/files/publications/documents/infcircs/1970/infcirc140.pdf
To gain a deeper understanding into today's conflicts within the Middle East, our focus sharpens on two pivotal forces: Iran and Saudi Arabia, whose roles hold paramount significance in shaping the region's contemporary landscape. This week host Elisa revisits two key conversations from our archive. First, Dr. Roham Alvandi of the London School of Economics and Political Science discusses the shift in Iran's governing structures from the coup in 1953 to the revolution in 1979. Next, Ray Takeyh of the Council on Foreign Relations dives into the fall of the Pahlavi dynasty and how the 1979 Iranian Revolution marked a critical turning point in US-Iran relations. Dr. Roham Alvandi is Associate Professor of International History at the London School of Economics and Political Science:https://www.lse.ac.uk/international-history/people/academicstaff/alvandi/alvandiRay Takeyh is Hasib J. Sabbagh senior fellow for Middle East studies at the Council on Foreign Relations:https://www.cfr.org/expert/ray-takeyhReferences:NSLT Ep. 231, Iran Series: Coups and the Cold War Era with Dr. Roham Alvandi (Part 1):https://podcasts.apple.com/us/podcast/national-security-law-today/id1276946676?i=1000588399346NSLT Ep. 229, Iran Series: The Rise of the Islamic Republic with Ray Takeyh (Part 1):https://podcasts.apple.com/us/podcast/national-security-law-today/id1276946676?i=1000585769361Alvandi, Roham. Nixon, Kissinger, and the Shah the United States and Iran in the Cold War. Oxford University Press, 2016:https://global.oup.com/academic/product/nixon-kissinger-and-the-shah-9780190610685?prevSortField=9&q=*&resultsPerPage=100⟨=en&cc=gb#Alvandi, Roham. The Age of Aryamer: Late Pahlavi Iran and Its Global Entanglements. The Gingko Library, 2018:https://www.gingko.org.uk/publishing/books/the-age-of-aryamehr/?fbclid=IwAR0Xbu7sDHE8wbin2QUeMxaAfVMa32U24FUrsUY3FEScx3XPFM_NzgOfrVQTakeyh, Ray. The Last Shah: America, Iran, and the Fall of the Pahlavi Dynasty. Yale University Press, 2021:https://yalebooks.yale.edu/book/9780300264654/the-last-shah/
On October 30th, President Biden issued Executive Order 14110, setting forth a comprehensive artificial intelligence framework focused on unifying the federal approach to AI regulation. This week, host Elisa is joined by ABA Cybersecurity Legal Task Force Co-Chairs Roland Trope and Adriana Luedke to discuss the details of the new executive order, how it aims to safeguard consumers and workers from AI disruption, and how it may be a first step in establishing America's global leadership in AI governance. Roland Trope is a partner at Trope and Schramm LLP, an Adjunct Professor at West Point Military Academy, and Co-Chair of the ABA Cybersecurity Legal Task Force:https://www.westpoint.edu/electrical-engineering-and-computer-science/profile/roland_tropeAdriana Luedke is Associate General Counsel of Intellectual Property and Technology Law at Lockheed Martin, and Co-Chair of the ABA Cybersecurity Legal Task Force:https://acqirc.org/wp-content/uploads/2021/08/Luedke_Adriana_bio-2021.pdfReferences:Executive Order 14110:https://www.govinfo.gov/content/pkg/FR-2023-11-01/pdf/2023-24283.pdfThe Bank Secrecy Act:https://www.fdic.gov/regulations/safety/manual/section8-1.pdfThe CHIPS Act of 2022:https://www.congress.gov/bill/117th-congress/house-bill/4346/textJoin us for the 33rd Annual Review of the Field of National Security Law CLE Conference this November 16-17, held at the Westin Washington DC Downtown Hotel:https://web.cvent.com/event/7eb6b360-9f77-4555-844f-4fa28099f64a/summary
This November 16th and 17th, the ABA Standing Standing Committee on Law and National Security will host their 33rd Annual Review of The Field of National Security Law CLE Conference. This yearly conference is a premier event, bringing together distinguished legal professionals, scholars, and practitioners in the field of national security law. In this week's episode, host Elisa is joined by Stephen Preston, Chair of the American Bar Association's Standing Committee on Law and National Security, to discuss the importance of the conference, the topic areas of discussion, and all the excellent resources this event provides to professionals in the field of national security law. Stephen Preston is Chair of the American Bar Association's Standing Committee on Law and National Security, and is Partner at WilmerHale:https://www.wilmerhale.com/en/people/stephen-prestonReferences:Join us for the 33rd Annual Review of the Field of National Security Law CLE Conference this November 16-17, held at the Westin Washington DC Downtown Hotel:https://web.cvent.com/event/7eb6b360-9f77-4555-844f-4fa28099f64a/summary
Hamas' coordinated attacks on Israel on the morning of October 7th mark a terrorizing and significant turning point in the Israeli-Palestinian war. This week, host Elisa is joined by Matthew Levitt, a decades long Hamas and terrorism expert, to unpack the foundations of Hamas, how they came to be, how they operate, and what the regional and global response might tell us about the road ahead. Matthew Levitt is the Fromer-Wexler Fellow at The Washington Institute and director of its Jeanette and Eli Reinhard Program on Counterterrorism and Intelligence:https://www.washingtoninstitute.org/experts/matthew-levittReferences:Levitt, Matthew. “The War Hamas Always Wanted.” Foreign Affairs, 16 Oct. 2023:https://www.foreignaffairs.com/israel/war-hamas-always-wantedThe 1993 Oslo Accords and the Arab-Israeli Peace Process:https://history.state.gov/milestones/1993-2000/osloJoin us for the 33rd Annual Review of the Field of National Security Law CLE Conference this November 16-17, held at the Renaissance Washington DC Downtown Hotel:https://web.cvent.com/event/7eb6b360-9f77-4555-844f-4fa28099f64a/summary
Since its inception, cryptocurrency has fueled the growth of digital black markets, opening doors for criminal transactions while masking bad actor identities. But what if these currencies weren't so cryptic after all? This week host Elisa is joined by Andy Greenberg, senior writer for WIRED, to discuss his recent book, Tracers in the Dark, and his in-depth reporting on black market operations and their operators. Andy Greenberg is a senior writer for WIRED, covering hacking, cybersecurity and surveillance:https://www.wired.com/author/andy-greenberg/References:Greenberg, Andy. Tracers in the Dark: The Global Hunt for the Crime Lords of Cryptocurrency. Knopf Us, 2023:https://www.amazon.com/Tracers-Dark-Global-Crime-Cryptocurrency/dp/0385548095Greenberg, Andy. Sandworm: A New Era of Cyberwar and the Hunt for the Kremlin’s Most Dangerous Hackers. Doubleday, 2019:https://www.amazon.com/Sandworm-Cyberwar-Kremlins-Dangerous-Hackers/dp/0385544405Greenberg, Andy. “Chinese Spies Infected Dozens of Networks with Thumb Drive Malware.” Wired, Conde Nast, 19 Sept. 2023:https://www.wired.com/story/china-usb-sogu-malware/Greenberg, Andy. “China-Linked Hackers Breached a Power Grid-Again.” Wired, Conde Nast, 12 Sept. 2023:https://www.wired.com/story/china-redfly-power-grid-cyberattack-asia/Greenberg, Andy. “The International Criminal Court Will Now Prosecute Cyberwar Crimes.” Wired, Conde Nast, 7 Sept. 2023:https://www.wired.com/story/icc-cyberwar-crimes/Greenberg, Andy. “How China Demands Tech Firms Reveal Hackable Flaws in Their Products.” Wired, Conde Nast, 6 Sept. 2023:https://www.wired.com/story/china-vulnerability-disclosure-law/
Kindly be aware that this podcast was recorded before the conflict in Israel occurred.In this week's special two-part episode, host Elisa is joined first by Dimitri Alperovitch, cybersecurity thought-leader, Co-Founder and Executive Chairman of the Silverado Policy Accelerator, to discuss global power dynamics, Russia, China, and how the U.S. can lessen its dependence on adversary nations. Next, with a special commentary on FISA Section 702, Elisa is joined by Josh Geltzer, Deputy Assistant to President Biden and Deputy Homeland Security Advisor with the National Security Council, who weighs in on the 702 controversy in response to Liza Goitein's commentary from last week's episode release. Dmitri Alperovitch is the Co-Founder and Executive Chairman of the Silverado Policy Accelerator, a non-profit focused on advancing American prosperity and global leadership in the 21st century and beyond:https://docs.google.com/document/d/1g9-urRWEm-l9YL0fuEWFaCzUDu_yXlOp/edit?usp=share_link&ouid=115287310253365681610&rtpof=true&sd=trueJoshua A. Geltzer is the Deputy Assistant to the President and Deputy Homeland Security Advisor with the National Security Council:www.lawfaremedia.org/contributors/jgeltzerReferences:Alperovitch, Dmitri, and Garrett Graff. World on the Brink: How America Can Beat China in the Race for the 21st Century. PublicAffairs, 2024:https://www.amazon.com/dp/B0CF1TKHY2?ref_=cm_sw_r_apin_dp_P2890EKH0XKPAG9KA5KH_1Listen in to Dimitri's podcast, "Geopolitics Decanted" by Silverado:https://podcast.silverado.orgThe CHIPS Act of 2022:https://www.congress.gov/bill/117th-congress/house-bill/4346/textAlperovitch, Dmitri. “The Case for Cyber-Realism.” Foreign Affairs, 2022, www.foreignaffairs.com/articles/united-states/2021-12-14/case-cyber-realism. Foreign Intelligence Surveillance Act (FISA) Section 702 Resource Page:https://www.fisa702resources.comE.O. 12333:https://dpcld.defense.gov/Portals/49/Documents/Civil/eo-12333-2008.pdfJoin us for the 33rd Annual Review of the Field of National Security Law CLE Conference this November 16-17, held at the Renaissance Washington DC Downtown Hotel:https://web.cvent.com/event/7eb6b360-9f77-4555-844f-4fa28099f64a/summary
The FBI's most controversial surveillance tool, FISA Section 702, is up for reauthorization this year. Supporters of 702 argue that it is vital for national security and counterterrorism efforts, while critics warn that it allows for warrantless surveillance of Americans leading to potential violations of the Fourth Amendment. This week, host Elisa is joined by Liza Goitein, nationally-recognized expert on government surveillance and secrecy, to discuss the varying viewpoints on 702, its strength and weakness, and what reforms may be useful.Elizabeth Goitein is Senior Director of the Brennan Center for Justice’s Liberty & National Security Program:https://www.brennancenter.org/experts/elizabeth-goiteinReferences: Goitein, Elizabeth."The Coming Fight Over American Surveillance." Foreign Affairs. June 6 2023:www.foreignaffairs.com/united-states/coming-fight-over-american-surveillance. Goitein, Elizabeth. "The Year of Section 702 Reform, Part I: Backdoor Searches." Just Security, Feb 13 2023: www.justsecurity.org/85068/the-year-of-section-702-reform-part-i-backdoor-searches/. Goitein, Elizabeth. "The Year of Section 702 Reform, Part II: Closing the Gaps and Completing the Modernization of FISA." Just Security, Apr 18 2023:https://www.justsecurity.org/86011/the-year-of-section-702-reform-part-ii-closing-the-gaps-and-completing-the-modernization-of-fisa/Goitein, Elizabeth. "The Year of Section 702 Reform, Part III: Why Congress Should Not Exempt Warrantless Foreign Intelligence Queries." Just Security, Jul 27 2023: https://www.justsecurity.org/87390/the-year-of-section-702-reform-part-iii-why-congress-should-not-exempt-warrantless-foreign-intelligence-queries/Foreign Intelligence Surveillance Act (FISA) Section 702 Resource Page:https://www.fisa702resources.comFISA Section 702 Overview:https://www.dni.gov/files/icotr/Section702-Basics-Infographic.pdfE.O. 12333:https://dpcld.defense.gov/Portals/49/Documents/Civil/eo-12333-2008.pdfElectronic Communications Privacy Act of 1986:https://bja.ojp.gov/program/it/privacy-civil-liberties/authorities/statutes/1285Join us for the 33rd Annual Review of the Field of National Security Law CLE Conference this November 16-17, held at the Renaissance Washington DC Downtown Hotel:https://web.cvent.com/event/7eb6b360-9f77-4555-844f-4fa28099f64a/summary
Part 2 of 2 – Today, American intellectual property, trade secrets and data holdings have never been more at risk. The United States is being bombarded by cyber attacks, and experts predict the global annual cost of cyber crime to top $8 trillion in 2023 alone. This week, host Elisa is joined by Michael McLaughlin, cybersecurity expert and Principal for Government Relations at Buchanan Ingersoll & Rooney. In part two of this discussion, Elisa and Michael unpack the risks of unregulated cryptocurrencies, the methods behind foreign influence campaigns, and propose suggestions on how best to restructure the U.S. government approach to cybersecurity.Michael G. McLaughlin is Principal for Government Relations and the Cybersecurity and Data Privacy Practice Group Co-Leader at Buchanan Ingersoll & Rooney: https://www.bipc.com/michael-g.-mclaughlinReferences:The Bank Secrecy Act:https://www.fdic.gov/regulations/safety/manual/section8-1.pdf1947 National Security Act:https://www.dni.gov/index.php/ic-legal-reference-book/national-security-act-of-1947The CHIPS Act of 2022:https://www.congress.gov/bill/117th-congress/house-bill/4346/textMcLaughlin, Michael G., and William J. Holstein. Battlefield Cyber: How China and Russia Are Undermining Our Democracy and National Security. Prometheus Books, 2023:https://www.barnesandnoble.com/w/battlefield-cyber-william-j-holstein/1141694096Join us for the 33rd Annual Review of the Field of National Security Law CLE Conference this November 16-17, held at the Renaissance Washington DC Downtown Hotel:https://web.cvent.com/event/7eb6b360-9f77-4555-844f-4fa28099f64a/summary
Today, American intellectual property, trade secrets and data holdings have never been more at risk. The United States is being bombarded by cyber attacks, and experts predict the global annual cost of cyber crime to top $8 trillion in 2023 alone. This week, host Elisa is joined by Michael McLaughlin, cybersecurity expert and Principal for Government Relations at Buchanan Ingersoll & Rooney. In part one of this two part discussion, Elisa and Michael discuss America's controversial business relationships with China, global competition over semiconductors, and how the rise of ransomware attacks have impacted national security. Michael G. McLaughlin is Principal for Government Relations and the Cybersecurity and Data Privacy Practice Group Co-Leader at Buchanan Ingersoll & Rooney: https://www.bipc.com/michael-g.-mclaughlinReferences:The CHIPS Act of 2022:https://www.congress.gov/bill/117th-congress/house-bill/4346/textMcLaughlin, Michael G., and William J. Holstein. Battlefield Cyber: How China and Russia Are Undermining Our Democracy and National Security. Prometheus Books, 2023:https://www.barnesandnoble.com/w/battlefield-cyber-william-j-holstein/1141694096Join us for the 33rd Annual Review of the Field of National Security Law CLE Conference this November 16-17, held at the Renaissance Washington DC Downtown Hotel:https://web.cvent.com/event/7eb6b360-9f77-4555-844f-4fa28099f64a/summary
Biological. Chemical. Radiological. When most people think of Weapons of Mass Destruction, or WMDs, they often think of nuclear capabilities and atomic weapons. How will AI development and its catastrophic potential on the battlefield shape the global understanding and control of WMD’s? This week, host Elisa is joined by David Koplow, arms control expert and Professor of Law at Georgetown University, to discuss the history of WMDs, the laws and treaties that govern them, and how AI innovation will shape our future understanding of weapons and warfare.
David Koplow is a Professor of Law at Georgetown University: https://www.law.georgetown.edu/faculty/david-a-koplow/
References:
UN Security Council Resolution of 1977: https://digitallibrary.un.org/record/623117?ln=en
1993 Chemical Weapons Convention, ICRC: https://ihl-databases.icrc.org/en/ihl-treaties/cwc-1993
2017 Treaty on the Prohibition of Nuclear Weapons: https://www.nti.org/education-center/treaties-and-regimes/treaty-on-the-prohibition-of-nuclear-weapons/
2023 Cluster Munition Monitor Report: http://the-monitor.org/en-gb/reports/2023/cluster-munition-monitor-2023.aspx
Koplow, David A. Non-Lethal Weapons the Law and Policy of Revolutionary Technologies for the Military and Law Enforcement. Cambridge University Press, 2006: https://www.cambridge.org/us/universitypress/subjects/law/us-law/non-lethal-weapons-law-and-policy-revolutionary-technologies-military-and-law-enforcement?site_view=mobile
Koplow, David A. Death by Moderation: The U.S. Military’s Quest for Useable Weapons. Cambridge University Press, 2010: https://www.barnesandnoble.com/w/death-by-moderation-david-a-koplow/1110764625
Koplow, David A. Smallpox: The Fight to Eradicate a Global Scourge. University of California Press, 2003: https://www.ucpress.edu/book/9780520242203/smallpox
Join us for the 33rd Annual Review of the Field of National Security Law CLE Conference this November 16-17, held at the Renaissance Washington DC Downtown Hotel: https://web.cvent.com/event/7eb6b360-9f77-4555-844f-4fa28099f64a/summary
Section 702 of the Foreign Surveillance Intelligence Act is up for reauthorization later this year. What has long been a key surveillance tool, Section 702 now faces controversy over whether its powers are too broad. Is Section 702 granting excessive authority to intelligence officers, or is its framework, along with its limitations, simply misunderstood? This week, host Elisa is joined by Joshua Geltzer, Deputy Assistant to President Biden and Deputy Homeland Security Advisor with the National Security Council. Together they unpack the essentials of Section 702, what the critics are saying, and what the future may hold for this beneficial and controversial national security tool. Joshua A. Geltzer is the Deputy Assistant to the President and Deputy Homeland Security Advisor with the National Security Council:https://www.lawfaremedia.org/contributors/jgeltzerReferences:Foreign Intelligence Surveillance Act (FISA) Section 702 Resource Page:https://www.fisa702resources.comSection 702 Overview:https://www.dni.gov/files/icotr/Section702-Basics-Infographic.pdfThe PIAB and IOB Review of FISA Section 702 and Recommendations for Reauthorization Report:https://www.whitehouse.gov/wp-content/uploads/2023/07/Presidents-Intelligence-Advisory-Board-and-Intelligence-Oversight-Board-Review-of-FISA-Section-702-and-Recommendations-for-Reauthorization.pdfRelease of Documents Related to the 2023 FISA Section 702 Certifications:https://www.intelligence.gov/ic-on-the-record-database/results/1307-release-of-documents-related-to-the-2023-fisa-section-702-certifications GovTrack Website:https://www.govtrack.usCongress.gov Website:https://www.congress.govJoin us for the 33rd Annual Review of the Field of National Security Law CLE Conference this November 16-17, held at the Renaissance Washington DC Downtown Hotel:https://web.cvent.com/event/7eb6b360-9f77-4555-844f-4fa28099f64a/summary
Could you tell whether this Program Description was written by an AI app? Most of us couldn’t. With the emergence of ChatGPT, Google’s Bard, and Bing AI, artificial intelligence (AI) is here to stay. Lawyers, law firms, and academia have embraced AI in a high-profile way – with AI systems passing law school exams, reviewing evidence, and nearly actively representing a client. With the increasing ubiquity of AI systems, the legal community must consider the ethical and professional risks and responsibilities as we embrace these new technologies. The ABA has taken a proactive approach to confronting the challenges posed by AI use and its capabilities. As part of our latest AI series, we're airing a live program from the 2023 ABA Annual Meeting, as expert panelists discuss how the legal community must adapt to these new systems and what lawyers must know to protect themselves, their firms, their clients, and the public. This program was sponsored by the ABA Cybersecurity Legal Task Force, and cosponsored by the ABA Science and Technology Law Section.
Introductions by ABA President Mary Smith: https://www.americanbar.org/groups/leadership/aba_officers/smith-mary/
Moderated by Dina Temple-Raston host and executive producer of Click Here, an award-winning weekly podcast on all things cyber and intelligence from Recorded Future News: https://drive.google.com/file/d/1xK2VzV5_D2M62npxWlJLLcCL5ezPd4GI/view?usp=drive_link
Dr. Lance Eliot is a globally recognized AI expert with a focus on AI & Law and AI & Ethics, and is a popular Forbes columnist and legal industry writer with over 6.8 million article views: https://drive.google.com/file/d/1xK2VzV5_D2M62npxWlJLLcCL5ezPd4GI/view?usp=drive_link
Daniel “Dazza” Greenwood is the founder of CIVICS.com, a boutique provider of professional consultancy services for legal technologies, automated transactions, data management, and technology strategy: https://drive.google.com/file/d/1xK2VzV5_D2M62npxWlJLLcCL5ezPd4GI/view?usp=drive_link
Lucy L Thomson is Founding Principal at Livingston PLLC: https://drive.google.com/file/d/1xK2VzV5_D2M62npxWlJLLcCL5ezPd4GI/view?usp=drive_link
To view the full program, visit the ABA Cybersecurity Legal Task Force website page: https://www.americanbar.org/groups/cybersecurity/
How has our knowledge of AI and our awareness of its potential progressed in the past 5 years? This week, we’re going back to the vault to re-air one of our first AI related episodes, featuring Michael Page, former Policy and Ethics advisor at OpenAI.
Michael Page is the former Policy and Ethics Advisor at OpenAI: https://cset.georgetown.edu/staff/michael-page/
Stewart Baker is Of Counsel at Steptoe & Johnson https://www.steptoe.com/en/lawyers/stewart-baker.html
References:
"AI outperforms human lawyers in reviewing legal documents" : https://futurism.com/ai-contracts-lawyers-lawgeex
"An algorithm that grants freedom, or takes it away": https://www.nytimes.com/2020/02/06/technology/predictive-algorithms-crime.html
"Can AI be taught to explain itself?": https://www.nytimes.com/2017/11/21/magazine/can-ai-be-taught-to-explain-itself.html
H.R.4625, FUTURE of Artificial Intelligence Act of 2017: https://www.congress.gov/bill/115th-congress/house-bill/4625/text
Find more about the Steptoe Cyberlaw Cast https://www.steptoe.com/en/services/practices/litigation/privacy-cybersecurity.html?tab=the_cyberlaw_podcast
Join us for the 33rd Annual Review of the Field of National Security Law CLE Conference this November 16-17, held at the Renaissance Washington DC Downtown Hotel: https://web.cvent.com/event/7eb6b360-9f77-4555-844f-4fa28099f64a/summary
On August 9, the Biden Administration issued a long-awaited Executive Order outlining controls on U.S. investments in certain Chinese entities related to national security. With a focus on "sensitive technologies," this EO aims to curtail both direct and indirect investments within China's advanced tech sectors, including semiconductors, quantum information technologies, and artificial intelligence. This week host Elisa is joined by Brian Egan, Partner at Skadden, for a high level review of the recent EO, and its impacts on both our national security priorities and the U.S.-China relationship.
Brian Egan is a Partner at Skadden: https://www.skadden.com/en/Professionals/E/Egan-Brian
References:
E.O. 14105: https://www.whitehouse.gov/briefing-room/presidential-actions/2023/08/09/executive-order-on-addressing-united-states-investments-in-certain-national-security-technologies-and-products-in-countries-of-concern/
Is there hope for an open, rule-bound and balanced global AI ecosystem? This week, host Elisa is joined by Klon Kitchen, national security and defense technology expert at the American Enterprise Institute. Klon unpacks the U.S.–China rivalry in the race for AI dominance, China's growing defense industrial complex, and the pros and cons that come with increasing AI competition in the national security space.
Klon Kitchen is a Non-Resident Senior Fellow at the American Enterprise Institute: https://www.aei.org/profile/klon-kitchen/
References: Klon Kitchen, "AI as a National Security Lifeline" – Statement before the House Committee on Armed Services Subcommittee on Cyber, Information Technologies, and Innovation. July, 18 2023:https://armedservices.house.gov/sites/republicans.armedservices.house.gov/files/Kitchen-%20Written%20Statement.pdf
The Cybersecurity Law of the People's Republic of China: https://digichina.stanford.edu/work/translation-cybersecurity-law-of-the-peoples-republic-of-china-effective-june-1-2017/
The EU Artificial Intelligence Act:https://artificialintelligenceact.eu Avlon, John, et al. “How to Reunite a Divided America: The Unum Test.” Time, 13 Apr. 2021: https://time.com/5954170/partisanship-how-to-reunite-america/
By the day it is becoming increasingly difficult to decipher AI content from human generated content. With the power to shape narratives across the globe, are these AI models and the content generated from them an immediate threat to our media ecosystem? This week host Elisa is joined by technologist and national security expert Doowan Lee. Together they explore the fundamental principles of generative AI, its potential for large-scale influence, and the potential setback posed by content monetization relying on user information.
Doowan Lee is a technologist and national security expert with experience in publicly funded analytic projects on large-data sources related to foreign and extremist information operations. He has also founded two tech startups focused on scaling open-source solutions to combat foreign malign influence: https://www.law.georgetown.edu/national-security-center/incubator/natsec-tech/social-media-governance-task-force/doowan-lee-2/
References:
Lee, Doowan. “Cost Imposition: The Key to Making Great Power Competition an Actionable Strategy.” Modern War Institute, 8 Apr. 2021, mwi.westpoint.edu/cost-imposition-the-key-to-making-great-power-competition-an-actionable-strategy/: https://mwi.westpoint.edu/cost-imposition-the-key-to-making-great-power-competition-an-actionable-strategy/
Doowan Lee, Foreign Policy: https://foreignpolicy.com/author/doowan-lee/
Doowan Lee, Lawfare: https://www.lawfaremedia.org/contributors/dlee2
E.O. 9981: https://www.archives.gov/milestone-documents/executive-order-9981
Pincus, Walter. “Hot-Button Adds to U.S. Defense Bill Echo Truman-Era Fight.” The Cipher Brief, 19 July 2023: www.thecipherbrief.com/column_article/hot-button-adds-to-u-s-defense-bill-echo-truman-era-fight
This week, we're airing a recent discussion from the Women in National Security Law Webinar Program featuring Lala Qadir, incoming Chair of the Advisory Committee of the ABA Standing Committee on Law and National Security and Principal Assistant Director and Chief of Staff of the National Security Division at the White House Office of Science and Technology Policy. Together with Moderator Margret Hu, they discuss Lala's impressive career path, the role of emerging technologies in national security, and the development of long-term science and technology strategies to strengthen our national security and competitiveness.
Lala Qadir is the incoming Chair of the Advisory Committee of the ABA Standing Committee on Law and National Security and the Principal Assistant Director and Chief of Staff of the National Security Division at the White House Office of Science and Technology Policy (OSTP): https://drive.google.com/file/d/1TQjisEDseJq07O9MYx2tSqGOg4MHsLHF/view?usp=share_link
Moderated by Margaret Hu, Advisory Committee Member with the Standing Committee on Law and National Security, and Professor of Law at William & Mary Law School: https://law2.wm.edu/faculty/bios/fulltime/mhu05.php
Opening remarks by Jennifer O'Connor, Chair of the Women in National Security Law: https://www.americanbar.org/groups/law_national_security/women-in-national-security-law/
Nominate National Security Law Today on People's Choice Podcast Awards through this link: https://www.podcastawards.com 1. Click the blue “Click Here to Vote” button 2. On the sign up site, check the box that says “Please consider me as one of the listeners that will be randomly selected to vote on the final slate in August” and enter “National Security Law Today” in the Biggest Podcast Influencer box 3. On the nomination site, nominate “National Security Law Today” for The Adam Curry People's Choice Award, Government & Organizations, and The Majority Report Politics & News Category
Who's the highest ranking spy in U.S. history that nobody knows about? This week, host Elisa is joined by national security expert Howard W. Cox to discuss the themes and lessons from his book, American Traitor: General Wilkerson's Betrayal of the Republic and Escape from Justice. Together they dive into the notorious career of Gen. James Wilkinson, whose corruption and espionage exposed the United States to grave dangers during the early years of the republic.
Howard W. Cox is former trial attorney in the US Army JAG Corps, former staff counsel of the Senate Permanent Committee on Investigations, former federal prosecutor, and former assistant inspector general for investigations at the CIA: https://fedsoc.org/contributors/howard-cox
References:
Cox, Howard W. American Traitor: General James Wilkinson’s Betrayal of the Republic and Escape from Justice. Georgetown University Press, 2023: https://www.barnesandnoble.com/w/american-traitor-howard-w-cox/1142644340
The Insurrection Act: https://policy.defense.gov/portals/11/documents/hdasa/references/insurrection_act.pdf
Nominate National Security Law Today on People's Choice Podcast Awards through this link: https://www.podcastawards.com 1. Click the blue “Click Here to Vote” button 2. On the sign up site, check the box that says “Please consider me as one of the listeners that will be randomly selected to vote on the final slate in August” and enter “National Security Law Today” in the Biggest Podcast Influencer box 3. On the nomination site, find “National Security Law Today” using the drop down menus. You can nominate our cast for The Adam Curry People's Choice Award, the Government & Organizations category, and the News & Politics category
If the runaway success of tools like ChatGPT have taught us anything, it's that the world is ready to embrace AI. But are the policies and regulations ready to tackle the risks? Continuing our series on generative AI, this week host Elisa is joined by Matthew Ferraro, emerging technology expert and Counsel at Wilmer Hale. Matthew dives in, demystifying the terminology surrounding these tools while delving into the laws and notable cases that may shape the future of AI policy in the U.S.
Matthew Ferraro is Counsel at Wilmer Hale: https://www.wilmerhale.com/en/people/matthew-ferraro
References:
S.1356, ASSESS AI Act: https://www.congress.gov/bill/118th-congress/senate-bill/1356/text
S.1671, Digital Platform Commission Act of 2023: https://www.congress.gov/bill/118th-congress/senate-bill/1671/text?s=1&r=6
National Defense Authorization Act for 2021: https://www.congress.gov/bill/116th-congress/senate-bill/4049/text
H.R.4521, America COMPETES Act: https://www.congress.gov/bill/117th-congress/house-bill/4521/text
National Institute for Standards and Technology Artificial Intelligence Risk Management Framework: https://nvlpubs.nist.gov/nistpubs/ai/NIST.AI.100-1.pdf
Young v. NeoCortex: https://dockets.justia.com/docket/california/cacdce/2:2023cv02496/880323
The Digital Millennium Copyright Act: https://www.copyright.gov/legislation/dmca.pdf
Nominate National Security Law Today on People's Choice Podcast Awards through this link: https://www.podcastawards.com 1. Click the blue “Click Here to Vote” button 2. On the sign up site, check the box that says “Please consider me as one of the listeners that will be randomly selected to vote on the final slate in August” and enter “National Security Law Today” in the Biggest Podcast Influencer box 3. On the nomination site, nominate “National Security Law Today” for The Adam Curry People's Choice Award, Government & Organizations, and The Majority Report Politics & News Category
Recent political developments have damaged the reputation of the intelligence community and have deeply divided the country. Some say that the recent performance of the intelligence community, and particularly the FBI, has battered its reputation for avoiding partisanship. Reports by Robert Mueller, John Durham, and multiple inspectors general have fostered suspicions that the Trump-Russia investigation was driven more by politics than by evidence. This loss of faith in national security agencies raises questions with profound consequences for American democracy. Join moderator Harvey Rishikof, and panelists Stewart Baker, Mary McCord and Alex Joel for a discussion of these issues and importantly, what can be done today to restore trust and public confidence in our federal law enforcement and intelligence communities. You be the judge!
Harvey Rishikof is former Legal Counsel to the Deputy Director of the FBI: https://www.americanbar.org/content/dam/aba/administrative/law_national_security/bios-headshots.pdf
Stewart Baker is former General Counsel for the NSA: https://www.americanbar.org/content/dam/aba/administrative/law_national_security/bios-headshots.pdf
Alex Joel is the former Civil Liberties Protection Officer for ODNI: https://www.americanbar.org/content/dam/aba/administrative/law_national_security/bios-headshots.pdf
Mary McCord is the former Acting Assistant Attorney General for National Security at DOJ: https://www.americanbar.org/content/dam/aba/administrative/law_national_security/bios-headshots.pdf
Nominate National Security Law Today on People's Choice Podcast Awards through this link: https://www.podcastawards.com/! 1. Click the blue “Click Here to Vote” button 2. On the sign up site, check the box that says “Please consider me as one of the listeners that will be randomly selected to vote on the final slate in August” and enter “National Security Law Today” in the Biggest Podcast Influencer box 3. On the nomination site, nominate “National Security Law Today” for The Adam Curry People's Choice Award, Government & Organizations, and The Majority Report Politics & News Category
Can you spot a real from a fake? To kick off our new series on the AI revolution, host Elisa is joined by Robert Weissman, President of Public Citizen, to discuss the rapid advancement of AI generated deep fakes and how false manipulations could impact public perception in the upcoming election cycle. Together, they shed light on how the rapid advancement of AI tools has outpaced the development of adequate legislation, leaving our democracy vulnerable to manipulation and disinformation.
Robert Weissman is president of Public Citizen: https://www.citizen.org/about/person/robert-weissman/
References:
NSLT, Ep. 243, "Civics as a National Security Imperative with Secretary Bob Gates": https://podcasts.apple.com/us/podcast/national-security-law-today/id1276946676?i=1000612636664
Section 230 of the Communications Decency Act: https://www.govinfo.gov/content/pkg/USCODE-2021-title47/pdf/USCODE-2021-title47-chap5-subchapII-partI-sec230.pdf
To learn more about Public Citizen, it's advocacy initiatives, and how it is helping inform consumers about the impacts of AI, visit the Public Citizen website: https://www.citizen.org
Recently, the United States has witnessed a notable surge in immigrants entering the country, resulting in a visible strain to outdated immigration policies and procedures. With no forward-thinking bi-partisan solution in sight, is massive immigration a rising national security concern? This week, host Elisa is joined by Elaine Duke, former Deputy Secretary of the DHS. Together they dissect the interplay between immigration, national security, and the need for comprehensive legislative reforms to tackle the evolving dynamics of immigration in the United States.
Elaine Duke was the Deputy Secretary of the Department of Homeland Security (DHS) from April, 2017 to April, 2018. She also served as the Acting Secretary of Homeland Security from July, 2017 to December, 2017: https://www.dhs.gov/archive/person/elaine-c-duke
Part 2 of 2 – Formed in response to the Rwandan and former Yugoslavian genocides in the early 1990s, the International Criminal Court (ICC) was established with a crucial mission: to bring to justice those accountable for the most heinous crimes of global significance. In this two-part episode, host Elisa is accompanied by Cora True-Frost of Syracuse University's College of Law, to uncover the inner workings of the ICC—its organizational framework, extensive jurisdiction, and the intricate processes involved in investigating and prosecuting war crimes. Together, they shed light on the vital role played by the ICC in upholding accountability and seeking justice for victims worldwide.
Cora True-Frost is the Bond, Schoeneck and King Distinguished Professor at Syracuse University’s College of Law: https://law.syracuse.edu/deans-faculty/faculty/c-cora-true-frost-l01/
References:
The Rome Statute: https://www.icc-cpi.int/sites/default/files/RS-Eng.pdf
True-Frost, Cora, et al., editors. The First Global Prosecutor: Promise and Constraints. University of Michigan Press, 2015: https://www.press.umich.edu/6727764/first_global_prosecutor
Formed in response to the Rwandan and former Yugoslavian genocides in the early 1990s, the International Criminal Court (ICC) was established with a crucial mission: to bring to justice those accountable for the most heinous crimes of global significance. In this two-part episode, host Elisa is accompanied by Cora True-Frost of Syracuse University's College of Law, to uncover the inner workings of the ICC—its organizational framework, extensive jurisdiction, and the intricate processes involved in investigating and prosecuting war crimes. Together, they shed light on the vital role played by the ICC in upholding accountability and seeking justice for victims worldwide.
Cora True-Frost is the Bond, Schoeneck and King Distinguished Professor at Syracuse University’s College of Law: https://law.syracuse.edu/deans-faculty/faculty/c-cora-true-frost-l01/
References:
The Rome Statute: https://www.icc-cpi.int/sites/default/files/RS-Eng.pdf
True-Frost, Cora, et al., editors. The First Global Prosecutor: Promise and Constraints. University of Michigan Press, 2015: https://www.press.umich.edu/6727764/first_global_prosecutor
After weeks of back and forth, a new debt ceiling deal is inching its way through Congress. This week, host Elisa is joined by David Wessel, economic expert at the Brookings Institution, to discuss how economic and debt policies can strengthen or weaken national security. What is the national security impact if Congress fails to reach an agreement? And are the repeated battles over the debt ceiling and deficit threatening our prosperity? David Wessel is Director of the Hutchins Center on Fiscal and Monetary Policy, and a Senior Fellow for Economic Studies at the Brookings Institution:https://www.brookings.edu/experts/david-wessel/References:Wessel, David. In Fed We Trust: Ben Bernanke’s War on the Great Panic. Three Rivers Press, 2010:https://www.penguinrandomhouse.com/books/188972/in-fed-we-trust-by-david-wessel/Wessel, David. Red Ink: Inside the High-Stakes Politics of the Federal Budget. Crown, 2013:https://www.barnesandnoble.com/w/red-ink-david-wessel/1110783493Wessel, David. Only The Rich Can Play: How Washington Works in the New Gilded Age. PublicAffairs, 2021:https://www.hachettebookgroup.com/titles/david-wessel/only-the-rich-can-play/9781541757202/?lens=publicaffairsThe Antideficiency Act:https://www.gao.gov/legal/appropriations-law/resourcesThe Chips Act:https://www.congress.gov/117/bills/hr4346/BILLS-117hr4346enr.pdfThe Biden Administration's International Economic Agenda: A Conversation with National Security Advisor Jake Sullivan:https://www.brookings.edu/wp-content/uploads/2023/04/es_20230427_sullivan_intl_economic_agenda_transcript.pdf
On May 11, the Standing Committee on Law and National Security co-sponsored a bipartisan luncheon titled “Over-classification: How Bad Is It, What’s the Fix?” in person at U.S. Capitol Visitors Center cosponsored by the Nonproliferation Policy Education Center. Opening Remarks were given by Harvey Rishikof, Counselor, American Bar Association Standing Committee on Law and National Security, and Henry Sokolski, Executive Director, Nonproliferation Policy Education Center. Speakers included Senator Mark Warner, Chairman U.S. Senate Select Committee on Intelligence, Senator Mike Rounds, member U.S. Senate Select Committee on Intelligence, and Benjamin A. Powell, member Public Interest Declassification Board. The event examined how well the current classification and declassification system works and how best to reduce the volume and level of classified documents to help prevent future top-secret leaks. The program also featured a discussion of the bipartisan legislation introduced to reform the security classification system, “in order to reduce overclassification, prevent mishandling of classified information, promote better use of intelligence and enhance public trust.” Senator Mark Warner is the Chairman of the U.S. Senate Select Committee on Intelligence:https://www.warner.senate.gov/public/Senator Mike Rounds is a Member of the U.S. Senate Select Committee on Intelligence:https://www.rounds.senate.govBenjamin A. Powell is a Member of the Public Interest Declassification Board:https://drive.google.com/file/d/1GL6Whli5OsZR4iKgQ5LLgWjENW4EZiP7/view?usp=share_linkThe event was moderated by Harvey Rishikof, Senior Counselor of the ABA Standing Committee on Law and National Security, and Director of Policy and Cyber Research at the University of Maryland Applied Research Lab for Intelligence and Security:https://www.arlis.umd.edu/about-arlis/our-people/harvey-rishikof-jdReferences:To watch the full program recording, visit The ABA Standing Committee on Law and National Security webpage:https://www.americanbar.org/groups/law_national_security/Sokolski, Henry. “Over-Classification: How Bad Is It, What’s the Fix?” NPEC, Mar. 2023, npolicy.org/wp-content/uploads/2023/03/2303-Full-Classification-Report.pdf.FY 23, Congressional Reporting Requirement Referencing the NGA Model:https://docs.google.com/document/d/1aEWsAgdO21qbKuIuh4g3qUqGaJvY7gvo9qvEarNOQrk/edit?usp=sharing“Senators Introduce Bipartisan Legislation to Reform the Security Classification System.” Mark R. Warner, 10 May 2023, https://www.warner.senate.gov/public/index.cfm/2023/5/senators-introduce-bipartisan-legislation-to-reform-the-security-classification-system. Senators Introduce Bipartisan Legislation to Reform the Security Classification System – Handout:https://www.warner.senate.gov/public/_cache/files/6/0/60108bde-a49e-4eef-a676-02953097b1a7/6AA8FE9B9A8F171B3F920D7B83128DC0.security-clearance-one-pager.pdfThe Classification Reform Act of 2023:https://www.warner.senate.gov/public/_cache/files/2/7/2748fc47-4999-4578-ba61-20b88c99e7b4/EF76391931E3038C2DF838DF398F7FBB.bag23456.pdf
A recent report out of the National Center for Education Statistics has revealed that America's 8th graders are scoring lower on civics education today than they have been in the last 20 years. This week's episode is a recast of an excellent conversation on civics, featuring former U.S. Secretary of Defense Bob Gates, Suzanne Spaulding of CSIS, with opening remarks by Dr. John Hamre of CSIS. To meet today's challenges, Americans must rediscover shared values, relearn the fundamentals of our constitutional republic, and re-form a sense of civic identity and commitment to our communities and across the nation. This conversation was originally recorded and broadcasted by CSIS as part of the CivXNow Civic Education Policy Summit.To view the original event:https://www.csis.org/events/civics-national-security-imperative-conversation-secretary-bob-gatesTo learn more about CivXNow Civic Education Policy Summit: www.civxnow.orgDr. Robert Gates is the former U.S. Secretary of Defense:https://www.defense.gov/About/Biographies/Biography/Article/602797/Suzanne Spaulding is a senior adviser for homeland security and director of the Defending Democratic Institutions project at CSIS:https://www.csis.org/people/suzanne-spauldingDr. John Hamre is the President and CEO of CSIS:https://www.csis.org/people/john-j-hamreReferences:NAEP Report Card: 2022 NAEP Civics Assessment. The Nation’s Report Card, 2022, www.nationsreportcard.gov/highlights/civics/2022/NSLT ep. 165, “National Security Lawyers on Civic Education as a National Security Imperative”: https://soundcloud.com/nsltoday/national-security-lawyers-on-civic-education
As the war in Ukraine continues, we are transitioning to tell the stories of those who have been on the ground during the conflict, and the legal challenges they face in the region. This week, host Elisa welcomes back Yevgeny Vindman, currently serving as an expert consultant with the Atrocity Crimes Advisory Group. Yevgeny has visited numerous war crimes sites across Ukraine, and has worked with leadership to help investigate and eventually prosecute those crimes. This week he shares his experiences in these investigations, and how the war crimes trials might play out in the future. Yevgeny Vindman is a colonel in the U.S. Army JAG Corps, and former deputy legal advisor on the White House National Security Council from 2018 to 2020:https://www.justsecurity.org/author/yevgenyvindman/References:The Criminal Code of Ukraine, Article 438:https://www.justice.gov/sites/default/files/eoir/legacy/2013/11/08/criminal_code_0.pdfThe Nuremburg Trials:https://tile.loc.gov/storage-services/service/ll/llmlp/2011525364_NT_war-criminals_Vol-VI/2011525364_NT_war-criminals_Vol-VI.pdf18 U.S. Code 2339D:https://www.law.cornell.edu/uscode/text/18/2339D#:~:text=18%20U.S.%20Code%20
The Wagner Group, a private military contractor with close ties to Russia, has been linked to countless human rights abuses and destabilizing efforts across the globe. The group is now raising speculation in Sudan as they acquire resources to aid Russia's efforts in the war in Ukraine. This week, friend-of-the-cast Adam Pearlman steps in to host John Dermody and Arthur Traldi in discussing how the Wagner Group is classified, whether it should be designated as a Foreign Terrorist Organization, as well as how the recent ICC charges against Putin are unfolding. Adam Pearlman is the Founder and Managing Director of Lexpat Global Services:https://www.lexpatglobal.com/staff_trusted/adam-pearlman/John Dermody is Counsel at O'Melveny:https://www.omm.com/professionals/john-dermody/Arthur Traldi is Senior Attorney-Consultant at Lexpat Global Services:https://www.lexpatglobal.com/staff_trusted/arthur-traldi/References:U.S. Code: Title 18:https://www.law.cornell.edu/uscode/text/18H.R. 927, Cuban Liberty and Democratic Solidarity (LIBERTAD) Act of 1996:https://www.congress.gov/bill/104th-congress/house-bill/927“Situation in Ukraine: ICC Judges Issue Arrest Warrants against Vladimir Vladimirovich Putin and Maria Alekseyevna Lvova-Belova.” International Criminal Court:https://www.icc-cpi.int/news/situation-ukraine-icc-judges-issue-arrest-warrants-against-vladimir-vladimirovich-putin-andThe Rome Statute: Crime of Aggression, and Articles 27 and 98:https://www.icc-cpi.int/sites/default/files/RS-Eng.pdf H.R. 11315, Foreign Sovereign Immunities Act:https://www.congress.gov/bill/94th-congress/house-bill/11315
Section 702 of the Foreign Intelligence Surveillance Act is set to expire this year unless reauthorized by Congress. This week, we're airing our latest live discussion featuring special guest April Doss, General Counsel at the National Security Agency. April addresses the arguments for supporting 702, where its pitfalls may lie, and how critical this framework is to national security. April Doss is General Counsel for the National Security Agency:https://www.nsa.gov/Culture/General-Counsel/Leadership/Moderated by Harvey Rishikof, Senior Counselor of the ABA Standing Committee on Law and National Security, and Director of Policy and Cyber Research at the University of Maryland Applied Research Lab for Intelligence and Security:https://law.temple.edu/contact/harvey-rishikof/Introductions by Glenn Gerstell, former General Counsel for the National Security Agency:https://glenngerstell.com/#aboutReferences:FISA, Section 702:https://www.govinfo.gov/content/pkg/BILLS-110hr6304enr/pdf/BILLS-110hr6304enr.pdfE.O. 14086:https://www.govinfo.gov/content/pkg/FR-2022-10-14/pdf/2022-22531.pdfThe Annual Statistical Transparency Report, 2022 Edition:https://www.dni.gov/files/CLPT/documents/2022_ASTR_for_CY2020_FINAL.pdfCheck out the Foreign Intelligence Surveillance Act Section 702 Resource Page:https://www.fisa702resources.com*2023 Edition of The Annual Statistical Transparency Report is to be released later this month, and will be available on the 702 Resource Page listed above
China is an engine for economic growth, and within the past few decades has expanded rapidly, lifting millions out of poverty and creating new opportunities for businesses around the world. As U.S.-China relations become more strained, does the potential for competition outweigh the benefits of cooperation? This week, host Elisa is joined by David Dollar, Senior Fellow and host of the "Dollar & Sense" podcast at the Brookings Institution, to discuss the strategic implications of China's rise, how it challenges U.S. dominance, and how we maintain our mutually beneficial relationship going forward. David Dollar is Senior Fellow for Foreign Policy, Global Economy and Development at the John L. Thornton China Center at the Brookings Institution:https://www.brookings.edu/experts/david-dollar/Check out David's podcast, Dollar & Sense, which explores how our global trading system is built and its effect on our everyday lives:https://podcasts.apple.com/us/podcast/dollar-sense-the-brookings-trade-podcast/id1442325838
The average Chinese family size is shrinking. For every 100 Chinese females there are roughly 105 Chinese males, a disparity that amounts to about 32 million more men on a countrywide scale. This shift in gender balance and family structures is the unavoidable consequence of China's declining fertility rates, and the strict One-Child Policy enacted in 1979. This week, host Elisa is joined by Ashton Verdery of Penn State University to discuss China's shifting population and how these trends will shape the country's development for years to come. Ashton Verdery is the Harry and Elissa Sichi Early Career Professor of Sociology, Demography, and Social Data Analytics, and Associate Professor of Sociology & Demography at Penn State:https://sociology.la.psu.edu/people/amv5430/References:Eberstadt, Nicholas, and Ashton Verdery. “China's Shrinking Families: The Demographic Trend That Could Curtail Beijing’s Ambitions.” Foreign Affairs, 10 Jan. 2023, https://www.foreignaffairs.com/articles/china/2021-04-07/chinas-shrinking-families
Since the start of the war in Ukraine, evidence has emerged that Russia has been relocating and reeducating thousands of Ukrainian children – actions that constitute war crimes, and may give evidence to genocide. This week, host Elisa is joined by friend-of-the-cast Judge Jamie Baker to discuss the latest ICC war crime charges against Putin, and what this could mean for the conflict going forward. Hon. James E. Baker is Director of the Institute for Security Policy and Law at Syracuse University:https://law.syracuse.edu/deans-faculty/faculty/hon-james-e-baker/?_ga=2.54182113.83813634.1674149590-222628566.1661542169References:The Rome Statute and associated articles:https://www.icc-cpi.int/sites/default/files/RS-Eng.pdfRussia’s Systematic Program for the Re-Education and Adoption of Ukraine's Children. Conflict Observatory and Yale University's Humanitarian Research Lab. Feb. 2023:https://hub.conflictobservatory.org/portal/apps/sites/#/home/pages/children-camps-1The Contemporary Law of Superior Responsibility:https://www.cambridge.org/core/journals/american-journal-of-international-law/article/abs/contemporary-law-of-superior-responsibility/47A461016A4C1E83D495F4FA2680D150NSLT Ep. 227, "The Laws of War Revisited with Judge James Baker":https://soundcloud.com/nsltoday/revisited-james-baker?si=5fa2d26fe58a4d409bedeeea3b1746f3&utm_source=clipboard&utm_medium=text&utm_campaign=social_sharingRegister for our April 17th event, "FISA Section 702 Reauthorization – a discussion with the General Counsel of the National Security Agency":https://web.cvent.com/event/db79776b-0655-452a-bb3a-2ccc5a374099/summary
This week, host Elisa runs through the latest national security headlines, covering Xi Jinping's visit to Moscow, political turmoil in Israel, the International Criminal Court's recent charges against Russia, and more. References:The Rome Statute and associated articles:https://www.icc-cpi.int/sites/default/files/RS-Eng.pdfEgozi, Arie. “Improved Saudi-Iran Relationship Has Israel Nervous - about Iran, and about China.” Breaking Defense, 20 Mar. 2023:https://breakingdefense.com/2023/03/improved-saudi-iran-relationship-has-israel-nervous-about-iran-and-about-china/. Trevelyan, Mark. “Russia Defies Putin Arrest Warrant by Opening Its Own Case against ICC.” Reuters, Thomson Reuters, 20 Mar. 2023:https://www.reuters.com/world/europe/russia-opens-criminal-case-against-icc-judges-prosecutor-over-putin-arrest-2023-03-20/. Trofimov, Yaroslav. “Japanese Premier Visits Kyiv as Ukraine War Divides Asia.” The Wall Street Journal, Dow Jones & Company, 22 Mar. 2023:https://drive.google.com/file/d/1dGvLndoVxB02f2-fNwimhrBCmRF6dqQP/view?usp=share_linkKhara, Ali. “Afghan Women, Banned from Working, Can't Provide for Their Children.” The Wall Street Journal, Dow Jones & Company, 3 Mar. 2023:https://drive.google.com/file/d/1V3CZ4x3PDr-ecr4FGr5SW2hrhmB6DpBj/view?usp=share_linkShah, Saeed. “Taliban Leader Faces Blowback over Girls' School Ban-from His Own Movement.” The Wall Street Journal, Dow Jones & Company, 22 Mar. 2023, https://drive.google.com/file/d/1Dq1CDo4SoOOoxb4LaGCZttRagqltTrLP/view?usp=share_link
This week, host Elisa is joined by Joshua Kurlantzick, Senior Fellow for Southeast Asia at the Council on Foreign Relations. Together they discuss China's most recent attempts at soft power influence, most notably through the nations media presence across the globe. How successful have China's efforts been at influencing politics in foreign countries? What exactly do these efforts look like? And how do their reasons for wielding soft power influence compare to ours? Joshua Kurlantzick is Senior Fellow for Southeast Asia at the Council on Foreign Relations:https://www.cfr.org/expert/joshua-kurlantzickReferences:Kurlantzick, Joshua. Beijing's Global Media Offensive: China's Uneven Campaign to Influence Asia and the World. Oxford University Press, 2023:https://www.cfr.org/book/beijings-global-media-offensive
This week, host Elisa welcomes on Jude Blanchette, China expert at The Center for Strategic and International Studies. With a background in China's political history and the influence of the CCP, Jude unpacks China's latest political moves, how we got to the present dynamic, and what we might expect from China in the future. Beginning with Taiwan, why is the island so important to both China and the U.S.? What are China's current goals with Taiwan, and what threats does this pose to us? And looking to the West, how has Xi's relationship with Putin and China's faux neutrality towards the war in Ukraine changed the global superpower dynamic? Jude Blanchette is Freeman Chair in China Studies at the Center for Strategic and International Studies (CSIS):https://www.csis.org/people/jude-blanchetteReferences:H.R. 2479 Taiwan Relations Act:https://www.congress.gov/bill/96th-congress/house-bill/2479C.H.Wong, K.Zhai, J.T. Areddy. “China's Xi Jinping Takes Rare Direct Aim at U.S. in Speech.” The Wall Street Journal, Dow Jones & Company, 6 Mar. 2023:https://drive.google.com/file/d/1mcTVSYfJaf6qNGueGrL6A4x0GDEUw78T/view?usp=share_linkPerson, and Laurie Chen. “Factbox: What Is China's New Government Restructuring Plan?” Reuters, Thomson Reuters, 8 Mar. 2023:https://drive.google.com/file/d/14CDtz9Xk-oHXbg-6s1qufEzokEHNOljF/view?usp=share_link
Tik Tok, the Chinese-owned social media platform, has taken the U.S. by storm with nearly two thirds of American teenagers currently active on the app. Through a national security lens, Tik Tok is a giant red flag – Congress is advancing legislation to enable a nationwide ban over growing data-privacy concerns. But would a flat ban actually hurt more than it helps? This week, host Elisa welcomes Glenn Gerstell, former General Counsel at the National Security Agency. Together they examine Tik Tok's business model, what user data the company collects, and why concerns over transparency are legitimate. What does Tik Tok know about us? Is it just government employees that should be concerned? And is a nationwide flat ban just a slippery slope for future social media legislation? Glenn Gerstell is former General Counsel at the National Security Agency:https://glenngerstell.com/#aboutReferences:Gerstell, G. S. (2022, March 4). I've dealt with foreign cyberattacks. America isn't ready for what's coming. The New York Times: https://drive.google.com/file/d/1SXtaBja2gqC2Q8smFBNNJ3OIQyhG_bOV/view?usp=share_linkGerstell, G. S. (2020, November 13). The national-security case for fixing social media. The New Yorker:https://www.newyorker.com/tech/annals-of-technology/the-national-security-case-for-fixing-social-media CBS Interactive. (n.d.). NSA's former top lawyer on understanding electronic surveillance - "Intelligence matters". CBS News: https://www.cbsnews.com/news/nsas-former-top-lawyer-on-understanding-electronic-surveillance-intelligence-matters/ Glenn S. Gerstell: A tiktok ban won't solve our problems. The Salt Lake Tribune. (2023, February 5): https://www.sltrib.com/opinion/commentary/2023/02/05/glenn-s-gerstell-tiktok-ban-wont/
In the absence of regulation, we are ultimately at the mercy of social media platforms and their algorithms. This week, host Elisa welcomes Joshua Tucker, Professor of Politics at NYU, to discuss his extensive research on American elections, including voter influence through social media and how broad public opinions are formed on and off these platforms. How do you go about accessing this kind of data from platforms like Twitter, Facebook and TikTok? Does Youtube's algorithm push people towards extreme content? And how can we better regulate TikTok in particular, a Chinese controlled platform that's gained huge popularity in the U.S.? Joshua Tucker is Professor of Politics at New York University, Director of the Jordan Center for the Advanced Study of Russia, Co-Director NYU Center for Social Media and Politics(CSMaP):https://as.nyu.edu/faculty/joshua-tucker.htmlReferences:NSLT Ep. 213, "Putin's State of Mind with Robert Dannenberg (Part 1). March 10, 2022:https://podcasts.apple.com/us/podcast/national-security-law-today/id1276946676?i=1000553603393Persily, Nathaniel, and Joshua A. Tucker, editors. Social Media and Democracy: The State of the Field, Prospects for Reform. Cambridge University Press, 2020:https://www.cambridge.org/core/books/social-media-and-democracy/E79E2BBF03C18C3A56A5CC393698F117Prior, Markus. Post-Broadcast Democracy: How Media Choice Increases Inequality in Political Involvement and Polarizes Elections. Cambridge University Press, 2010:https://www.booksamillion.com/p/Post-Broadcast-Democracy/Markus-Prior/9780521675338?id=8044355996728Guriev, S. M., and Daniel Treisman. Spin Dictators: The Changing Face of Tyranny in the 21st Century. Princeton University Press, 2022:https://press.princeton.edu/books/hardcover/9780691211411/spin-dictatorsEady, G., Paskhalis, T., Zilinsky, J. et al. Exposure to the Russian Internet Research Agency foreign influence campaign on Twitter in the 2016 US election and its relationship to attitudes and voting behavior. Nat Commun 14, 62 (2023):https://doi.org/10.1038/s41467-022-35576-9For a full list of Joshua Tucker's recent research, articles and book references: https://wp.nyu.edu/fas-joshuatucker/research/
At times of real and perceived national security threats, policymakers and decision-makers sometimes consider “law” an impediment rather than an asset. In this week's episode, an expert panel addresses the question - does law matter - and other ethical questions, like how to make the case for law in times of crisis, and why the good faith application of law is a national security value.Lauren Hobart is the Associate Teaching Professor at Syracuse University College of Law:https://www.maxwell.syr.edu/research/autonomous-systems-policy-institute/leadership-staff/faculty/laurie-hobartHon. James E Baker is Professor by Courtesy Appointment in the Public Administration and International Affairs Department at the Maxwell School for Citizenship and Public Affairs, and Director of the Institute for Security Policy and Law at Syracuse University:https://www.maxwell.syr.edu/directory/the-hon-james-e-bakerDana Dyson is Deputy General Counsel for Operations at the CIA:https://www.wcl.american.edu/community/faculty/profile/ddyson/bioReferences:Does Law Matter: Making the Case for Law During Times of Crisis, model rules:https://acrobat.adobe.com/link/track?uri=urn%3Aaaid%3Ascds%3AUS%3A11ac4f5d-e062-33f2-931f-7d5d7f3e85b7&viewer%21megaVerb=group-discoverRobert H. Jackson, The Federal Prosecutor, 24 J. Am. Jud. Soc’y 18 (1940) (address at Conference of United States Attorneys, Washington, D.C., April 1, 1940):https://www.roberthjackson.org/speech-and-writing/the-federal-prosecutor/Hon. James E. Baker, In Common Defense, Chapter 10 (2013):https://acrobat.adobe.com/link/track?uri=urn%3Aaaid%3Ascds%3AUS%3Ab8115309-431b-34f7-bb8f-572412203545&viewer%21megaVerb=group-discoverTo view the entire collection of panels from our 32nd Annual Review of the Field of National Security Law Conference:https://www.americanbar.org/groups/law_national_security/events_cle/32-nd-annual-review-of-the-field-of-national-security-law-confernce/recordings-32nd-annual-review-of-the-field-of-national-security-law-conference/
As Ukraine ramps up its defenses with the help of allied nations, it appears there is no end in sight for the War in Ukraine. This week, host Elisa is joined by committee member David Graham to discuss the ins and outs of the Law of Armed Conflict, and how the framework applies to the situation in Ukraine. What should Russia be held accountable for? How do we foresee this conflict playing out? And how does the Law of Armed Conflict address crimes by victim nations?David Graham is a Special Advisor to the ABA's Standing Committee on Law and National Security:https://sites.duke.edu/lawfire/files/2023/01/Graham.pdfReferences:The Geneva Conventions:https://www.icrc.org/en/doc/assets/files/publications/icrc-002-0173.pdfThe Hague Conventions:https://casebook.icrc.org/glossary/hague-conventionsThe Law of Armed Conflict, Basic Knowledge. International Commitee of the Red Cross:https://www.icrc.org/en/doc/assets/files/other/law1_final.pdfLaw of Armed Conflict, Article 54 Protocol I: https://ihl-databases.icrc.org/en/customary-ihl/v2/rule54U.S. Department of Defense Law of War Manual:https://dod.defense.gov/Portals/1/Documents/pubs/DoD%20Law%20of%20War%20Manual%20-%20June%202015%20Updated%20Dec%202016.pdf?ver=2016-12-13-172036-190United National Charter, Article 2(4):https://legal.un.org/repertory/art2/english/rep_supp7_vol1_art2_4.pdf
In Ukraine and around the world, satellites have become increasingly essential for military operations. Over 7,000 active satellites are currently in orbit, but how vulnerable are they to targeting and attack? This week host Elisa is joined by Dr. Brian Weeden of the Secure World Foundation to discuss the role satellites have played in Ukraine, in past conflicts, and how they've evolved to become a prime military vulnerability. How has Russia targeted satellites in order to gain ground in Ukraine? And how is the US strengthening satellite resilience for the future?Dr. Brian Weeden is the Director of Program Planning for the secure World Foundation:https://swfound.org/about-us/our-team/dr-brian-weeden/References"Working Smarter with America's Space Faring Allies." Workshop Report. American Bar Association, March 2020:https://www.americanbar.org/content/dam/aba/administrative/law_national_security/march-2020-space-report.pdfWeeden, Brian, and Victoria Samson. Secure World Foundation, 2022, Global Counterspace Capabilities Report:https://swfound.org/counterspaceTo see the Standing Committee on Law and National Security's full list of space policy reports, visit our resources page: https://www.americanbar.org/groups/law_national_security/resources/
NATO, the world's strongest and most powerful military alliance, represents 50% of the worlds economic power and 50% of its military power. As we head into another year of war in Ukraine, several NATO allies have recently agreed to step up their military aid, raising tensions with the Kremlin. This week, host Elisa is joined by George Washington University Professor and NATO expert, Dr. Erwan Lagadec, to discuss NATO's early formation, how it's expanded over the years, and if even greater involvement in Ukraine could be in the alliance's future. Dr. Erwan Lagadec is Associate Research Professor at the George Washington University's Institute for European, Russian, and Eurasian Studies (IERES):https://drive.google.com/file/d/1rhoDlcmOM0ImHwmCxCmtLyQ1H6xliQYh/view?usp=share_linkReferences:The North Atlantic Treaty, Article 5:https://www.nato.int/cps/en/natohq/official_texts_17120.htm
The scale of Russia's criminal conduct in Ukraine is astounding. Since Russia invaded Ukraine almost one year ago, Ukrainian authorities have opened over 50,000 investigations into alleged war crimes committed by Russia. As we approach the one year anniversary of the invasion, we welcome back Judge James Baker to revisit the laws and treaties that apply to Russia and this conflict. Hon. James E Baker is Director of the Institute for Security Policy and Law at Syracuse University:https://law.syracuse.edu/deans-faculty/faculty/hon-james-e-baker/?_ga=2.54182113.83813634.1674149590-222628566.1661542169References:Responsibility of States for Internationally Wrongful Acts:https://legal.un.org/ilc/texts/instruments/english/draft_articles/9_6_2001.pdfThe Geneva Conventions:https://www.icrc.org/en/doc/assets/files/publications/icrc-002-0173.pdfThe North Atlantic Treaty, Articles 5 & 11:https://www.nato.int/cps/en/natolive/official_texts_17120.htmThe Rome Statute of the International Criminal Court:https://legal.un.org/icc/statute/99_corr/cstatute.htmUnited Nations General Assembly, Article 18:https://legal.un.org/repertory/art18.shtmlNational Security Act of 1947:https://www.dni.gov/index.php/ic-legal-reference-book/national-security-act-of-1947James E. Baker, “Obedience to Orders, Lawful Orders, and the Military’s Constitutional Compact.” Just Security. November 2, 2020:https://www.justsecurity.org/73221/good-governance-paper-no-21-obedience-to-orders-lawful-orders-and-the-militarys-constitutional-compact/“Biden calls Putin a war criminal.” NPR. March 16, 2022:https://www.npr.org/2022/03/16/1087011897/biden-putin-war-criminal“U.S must harden its cybersecurity defenses, experts say.” ABA Press and ABA Standing Committee on Law and National Security. Feb. 2022:https://www.americanbar.org/news/abanews/aba-news-archives/2022/03/us-must-harden-its-cybersecurity-defenses/“Statement of ABA President Reginald Turner Re: Invasion of Ukraine.” ABA. March 2, 2022z:https://www.americanbar.org/news/abanews/aba-news-archives/2022/02/statement-of-aba-president-reginald-turner-re-invasion-of-ukraine/The Nuremberg Principles:https://ihl-databases.icrc.org/ihl/INTRO/390Title 18 U.S. Code 2441, War Crimes: https://www.law.cornell.edu/uscode/text/18/2441Executive Order 901: https://www.law.cornell.edu/uscode/text/5/901Executive Order 12333:https://dpcld.defense.gov/Portals/49/Documents/Civil/eo-12333-2008.pdfDepartment of Defense Law of War Manual:https://dod.defense.gov/Portals/1/Documents/pubs/DoD%20Law%20of%20War%20Manual%20-%20June%202015%20Updated%20Dec%202016.pdf?ver=2016-12-13-172036-190
Since the sixth century, Ukraine has been the site of many incursions from the east and west, from Ghengis Khan, to the Ottomans, Swedes, Poles, and more. This week, host Elisa is joined by Russia and Eurasia expert Eugene Rumer to review Ukraine's history of upheaval, what Ukraine's future may hold, and how Putin is shaping its present. Eugene Rumer is Director and Senior Fellow of the Russia and Eurasia Program at the Carnegie Endowment for International Peace:https://carnegieendowment.org/experts/917References:Senate Hearing: "Disinformation: A Primer in Russian Active Measures and Influence Campaigns, Panel 1" March 30, 2017:https://www.govinfo.gov/content/pkg/CHRG-115shrg25362/html/CHRG-115shrg25362.htmEugene Rumer on Active Measures, Senate Testimony. C-SPAN. May 9, 2020:https://www.c-span.org/video/?c4874765/user-clip-eugene-rumer-active-measures-senate-testimonyTaras Shevchenko Memorial:https://www.nps.gov/places/000/taras-shevchenko-memorial.htm
What does the new year have in store for national security law and policy? This week host Elisa is joined by fellow committee members Bill Banks, Harvey Rishikof and Mary DeRosa to run through the big issues for the year ahead. Will this be a landmark year in the crackdown on tech? Will crypto policy steal the spotlight? What will happen with Title 42 and immigration law? Bill Banks is Chair of the ABA Standing Committee on Law and National Security:https://securitypolicylaw.syr.edu/about_the_institute_for_security_policy_and_law/people/staff-2/william-c-banks/?_gl=1u4himc_gaMjIyNjI4NTY2LjE2NjE1NDIxNjk._ga_QT13NN6N9S*MTY2MTU0MjE2OS4xLjAuMTY2MTU0MjE2OS42MC4wLjA.Harvey Rishikof is Senior Counselor of the ABA Standing Committee on Law and National Security, and Director of Policy and Cyber Research at the University of Maryland Applied Research Lab for Intelligence and Security:https://law.temple.edu/contact/harvey-rishikof/Mary DeRosa is Advisory Committee Chair of the ABA Standing Committee on Law and National Security:https://www.law.georgetown.edu/faculty/mary-b-derosa/References:Gonzalez v. Google:https://law.justia.com/cases/federal/appellate-courts/ca9/18-16700/18-16700-2021-06-22.htmlTwitter v. Taamneh:https://www.supremecourt.gov/DocketPDF/21/21-1496/226415/20220526180216120_21-xxxx%20-%20Twitter%20Inc.%20v.%20Taamneh%20-%20cert.%20petition.pdf"Congress Passes Justice for Victims of War Crimes Act." Just Security. December 22, 2022:https://www.justsecurity.org/84588/senate-passes-justice-for-victims-of-war-crimes-act/U.S. Code Title 42:https://www.law.cornell.edu/uscode/text/4218 U.S. Code 2339D: https://www.law.cornell.edu/uscode/text/18/2339D
To celebrate another year of National Security Law Today, host Elisa brings you some of her favorite highlights from 2022. Browse our entire collection of episodes on Apple Podcasts, Spotify, Stitcher and Soundcloud. Subscribe to the podcast and leave us a review on Apple Podcasts: https://podcasts.apple.com/us/podcast/national-security-law-today/id1276946676Follow to the podcast and leave us a review on Spotify: https://open.spotify.com/show/4KgtjLDlxsNxYrCLuOoF1I?si=882ef17c522c48aeFollow us on Stitcher: https://listen.stitcher.com/yvap/?af_dp=stitcher://show/149434&af_web_dp=https://www.stitcher.com/show/149434&deep_link_value=stitcher://show/149434Get your copy of the U.S. Intelligence Community Law Sourcebook, 2021-2022 Edition: https://www.americanbar.org/products/inv/book/417416664/
The Islamic Republic has imposed a near total blockout of independent information coming out of the Iran. While protestors search for savvy workarounds, the regime only further cracks down with heightened censorship and surveillance. This week, host Elisa is joined by Shervin Taheran, JD Candidate at the Georgetown University Law Center. Through her research with Georgetown’s National Security Technology Incubator Project, she brings extensive analysis of the risks and effects of social media in Iran. How does the Islamic Republic treat and control information? What communication technologies are available to protestors, and are these methods aiding in their mission? Shervin Taheran is a JD Candidate at the Georgetown University Law Center and a Research Consortium member of the school's National Security Technology Incubator Project: https://www.law.georgetown.edu/national-security-center/incubator/natsec-tech/shervin-taheran/
Part 2 of 2 – While many have had their eyes on the midterms and the World Cup, hundreds have been killed during protests in the Islamic Republic. This week, host Elisa continues our Iran series with guest Dr. Roham Alvandi, Associate Professor of International History at the London School of Economics and Political Science. Together they discuss the critical shifts in Iran’s governing structures from the coup in 1953 to the revolution in 1979. What shifted in Iran to allow for the revolution in 1979? And today, as the country progresses into increased political and cultural upheaval, what do we see happening next? Dr. Roham Alvandi is Associate Professor of International History at the London School of Economics and Political Science:https://www.lse.ac.uk/international-history/people/academicstaff/alvandi/alvandiReferences:Alvandi, Roham. Nixon, Kissinger, and the Shah the United States and Iran in the Cold War. Oxford University Press, 2016:https://global.oup.com/academic/product/nixon-kissinger-and-the-shah-9780190610685?prevSortField=9&q=*&resultsPerPage=100&lang=en&cc=gb#Alvandi, Roham. The Age of Aryamer: Late Pahlavi Iran and Its Global Entanglements. The Gingko Library, 2018:https://www.gingko.org.uk/publishing/books/the-age-of-aryamehr/?fbclid=IwAR0Xbu7sDHE8wbin2QUeMxaAfVMa32U24FUrsUY3FEScx3XPFM_NzgOfrVQ
While many have had their eyes on the midterms and the World Cup, hundreds have been killed during protests in the Islamic Republic. This week, host Elisa continues our Iran series with guest Dr. Roham Alvandi, Associate Professor of International History at the London School of Economics and Political Science. Together they discuss the critical shifts in Iran’s governing structures from the coup in 1953 to the revolution in 1979. How did U.S. involvement play a role in these early coups? How did the Iranian view of the Pahlavis change between the 50’s and 60’s? And how did U.S. counsel, particularly under Henry Kissinger, change our relationship with Iran?
Dr. Roham Alvandi is Associate Professor of International History at the London School of Economics and Political Science: https://www.lse.ac.uk/international-history/people/academicstaff/alvandi/alvandi
References:
Alvandi, Roham. Nixon, Kissinger, and the Shah the United States and Iran in the Cold War. Oxford University Press, 2016: https://global.oup.com/academic/product/nixon-kissinger-and-the-shah-9780190610685?prevSortField=9&q=*&resultsPerPage=100⟨=en&cc=gb#
Alvandi, Roham. The Age of Aryamer: Late Pahlavi Iran and Its Global Entanglements. The Gingko Library, 2018: https://www.gingko.org.uk/publishing/books/the-age-of-aryamehr/?fbclid=IwAR0Xbu7sDHE8wbin2QUeMxaAfVMa32U24FUrsUY3FEScx3XPFM_NzgOfrVQ
Part 2 of 2 – This week, host Elisa is joined by Iran expert, Ray Takeyh, to discuss the history of Iran's governmental structure and its transition from western ally to enemy. How are the current protests impacting the Islamic Republic's control and influence? And considering Iran's growing affiliations with both Russia and China, is there any hope of recovering a steady U.S./Iran dynamic?
Ray Takeyh is Hasib J. Sabbagh senior fellow for Middle East studies at the Council on Foreign Relations: https://www.cfr.org/expert/ray-takeyh
References:
Takeyh, Ray. The Last Shah: America, Iran, and the Fall of the Pahlavi Dynasty. Yale University Press, 2021: https://yalebooks.yale.edu/book/9780300264654/the-last-shah/
In 1979, Mohammad Reza Shah Pahlavi, the last Shah of Iran, was overthrown as a result of the Iranian Revolution, ending centuries of monarchy rule and giving rise to the Islamic Republic. This week, host Elisa is joined by Iran expert, Ray Takeyh, to discuss the history of Iran's governmental structure and its transition from western ally to enemy. How did oil transform Iran's relationship with the west? And how did Ayatollah Khomeini go from exile to leader?
Ray Takeyh is Hasib J. Sabbagh senior fellow for Middle East studies at the Council on Foreign Relations: https://www.cfr.org/expert/ray-takeyh
References:
Takeyh, Ray. The Last Shah: America, Iran, and the Fall of the Pahlavi Dynasty. Yale University Press, 2021: https://yalebooks.yale.edu/book/9780300264654/the-last-shah/
Known as the biggest destabilizing force in the Middle East, this week we begin a multi-part series on the state of Iran. Host Elisa is joined by Brian Egan, Partner at Skadden, to discuss our complicated history with Iran, where it started, and where we stand today.
Brian Egan is a Partner at Skadden: https://www.skadden.com/en/Professionals/E/Egan-Brian
Brian Egan will be leading a panel on Thursday morning, Nov. 17th, during our Annual Review Conference on “The Economic Tools of National Security.” The panel will also feature the Director of the Office of Foreign Asset Control, and the Deputy Assistant Secretary for Investment Security Operations, both at Treasury, the former Chief Counsel for the Senate Committee on Foreign Relations and Temple University professor of law. Don’t miss the discussion!
Register for the 32nd Annual Review of the Field of National Security Law Conference – The Past, Present and Future: Celebrating 60 Years of the Standing Committee on Law and National Security – November 17th–18th, 2022: https://web.cvent.com/event/587890d9-7f23-4662-af87-6f106dedfece/summary
References:
The Algiers Accords, 1981: https://www.parstimes.com/history/algiers_accords.pdf
E.O. 13224: https://www.state.gov/executive-order-13224/
The Patriot Act: https://www.congress.gov/107/plaws/publ56/PLAW-107publ56.pdf
It's midterm election season, and on Congress' docket are two bills that will impact how the electoral college is certified. This week, we're revisiting the second half of our conversation with Professor Edward Foley, Director of Election Law at Ohio State University's Moritz College of Law. Ned discusses what a successful election looks like in America and the lessons learned from the milestone case of Bush v. Gore.
Professor Edward Foley is the Ebersold Chair in Constitutional Law at The Ohio State University and director of the school's election law program: https://moritzlaw.osu.edu/edward-b-foley
Register for the 32nd Annual Review of the Field of National Security Law Conference – The Past, Present and Future: Celebrating 60 Years of the Standing Committee on Law and National Security – November 17th–18th, 2022: https://web.cvent.com/event/587890d9-7f23-4662-af87-6f106dedfece/summary
References:
Edward Foley, "How to Know if the Election Is Actually ‘Rigged’ " Politico, September 13, 2020: https://www.politico.com/news/magazine/2020/09/13/how-to-know-if-the-election-is-actually-rigged-412557
Presidential Elections and Majority Rule: The Rise, Demise, and Potential Restoration of the Jeffersonian Electoral College. Edward Foley, 2020: https://global.oup.com/academic/product/presidential-elections-and-majority-rule-9780190060152?cc=us⟨=en&
Ballot Battles: The History of Disputed Elections in the United States. Edward Foley, 2016: https://global.oup.com/academic/product/ballot-battles-9780190235277?cc=us⟨=en&
Bush v. Gore 531 US 98 (2000): https://www.oyez.org/cases/2000/00-949
Full Case Opinion (PDF): https://supreme.justia.com/cases/federal/us/531/98/case.pdf
Debra Cassens Weiss "Dec. 8 'safe harbor' deadline is a critical date in nightmare election scenarios" ABA Journal, September 25, 2020: https://www.abajournal.com/news/article/dec.-8-safe-harbor-deadline-is-a-critical-date-in-nightmare-election-scenarios
Last month, the House passed a bill to reform the electoral college. This week, we're revisiting our conversation with Professor Edward Foley, Director of Election Law at Ohio State University's Moritz College of Law. Ned dives in on how Americans elect our federal officers, and how the law and the courts have ruled on voting; from naming electors to deciding Bush v. Gore in 2000.
Professor Edward Foley is the Ebersold Chair in Constitutional Law at The Ohio State University and director of the school's election law program: https://moritzlaw.osu.edu/edward-b-foley
References:
Edward Foley "Think the Constitution protects your right to vote? That’s not really true — but it should." Washington Post, October 19, 2020: https://www.washingtonpost.com/opinions/2020/10/19/does-the-constitution-protect-your-right-to-vote/
Presidential Elections and Majority Rule: The Rise, Demise, and Potential Restoration of the Jeffersonian Electoral College. Edward Foley, 2020:https://global.oup.com/academic/product/presidential-elections-and-majority-rule-9780190060152?cc=us⟨=en&
Ballot Battles: The History of Disputed Elections in the United States. Edward Foley, 2016: https://global.oup.com/academic/product/ballot-battles-9780190235277?cc=us⟨=en&
Bush v. Gore 531 US 98 (2000): https://www.oyez.org/cases/2000/00-949
Chiafalo v. Washington 591 US_ (2020): https://www.oyez.org/cases/2019/19-465
Republican Party of Pennsylvania v. Boockvar: https://www.scotusblog.com/case-files/cases/republican-party-of-pennsylvania-v-degraffenreid-2/
Edward Foley "The Supreme Court ruling on ballot deadlines may be more of a reprieve for Democrats than a win." Washington Post, October 20, 2020: https://www.washingtonpost.com/opinions/2020/10/20/supreme-court-ruling-ballot-deadlines-may-be-more-reprieve-democrats-than-win/
Part 2 of 2 – For nearly 235 years, the U.S. Constitution has provided the foundation for America's economic prosperity, political stability, and democratic debate. This week, host Elisa and Harvey Rishikof welcome former Senator Russ Feingold and Peter Prindiville to discuss their new book, The Constitution in Jeopardy: An Unprecedented Effort to Rewrite Our Fundamental Law and What We Can Do About It. Together they discuss the latest controversial push to rewrite our Constitution, and how this problematic debate poses a threat to our national security.
Senator Russ Feingold served as a United States Senator from Wisconsin from 1993 to 2011, and is the President of the American Constitution Society: https://www.acslaw.org/person/russ-feingold/
Peter Prindiville is a Non-Resident Fellow at the Constitutional Law Center at Stanford University: https://law.stanford.edu/directory/peter-prindiville/
Harvey Rishikof is Senior Counselor to the ABA Standing Committee on Law and National Security, and Director of Cybersecurity at the Applied Research Laboratory for Intelligence and Security at the University of Maryland: https://www.cyber.pitt.edu/people/harvey-rishikof
References:
Feingold, Russ, and Peter Prindiville. The Constitution in Jeopardy: An Unprecedented Effort to Rewrite Our Fundamental Law and What We Can Do About It. PublicAffairs, 2022. https://www.publicaffairsbooks.com/titles/russ-feingold/the-constitution-in-jeopardy/9781541701526/
Article I Section 10, U.S. Constitution: https://constitution.congress.gov/browse/article-1/section-10/clause-1/
Article V, U.S. Constitution: https://www.archives.gov/federal-register/constitution/article-v.html
The Virginia Plan, 1787: https://www.archives.gov/milestone-documents/virginia-plan
Register for the 32nd Annual Review of the Field of National Security Law Conference – The Past, Present and Future: Celebrating 60 Years of the Standing Committee on Law and National Security – November 17th–18th, 2022: https://web.cvent.com/event/587890d9-7f23-4662-af87-6f106dedfece/summary
For nearly 235 years, the U.S. Constitution has provided the foundation for America's economic prosperity, political stability, and democratic debate. This week, host Elisa and Harvey Rishikoff welcome former Senator Russ Feingold and Peter Prindiville to discuss their new book, The Constitution in Jeopardy: An Unprecedented Effort to Rewrite Our Fundamental Law and What We Can Do About It. Together they discuss the latest controversial push to rewrite our Constitution, and how this problematic debate poses a threat to our national security.
Senator Russ Feingold served as a United States Senator from Wisconsin from 1993 to 2011, and is the President of the American Constitution Society: https://www.acslaw.org/person/russ-feingold/
Peter Prindiville is a Non-Resident Fellow at the Constitutional Law Center at Stanford University: https://law.stanford.edu/directory/peter-prindiville/
Harvey Rishikoff is Senior Counselor to the ABA Standing Committee on Law and National Security, and Director of Cybersecurity at the Applied Research Laboratory for Intelligence and Security at the University of Maryland: https://www.cyber.pitt.edu/people/harvey-rishikof
References:
Feingold, Russ, and Peter Prindiville. The Constitution in Jeopardy: An Unprecedented Effort to Rewrite Our Fundamental Law and What We Can Do About It. PublicAffairs, 2022. https://www.publicaffairsbooks.com/titles/russ-feingold/the-constitution-in-jeopardy/9781541701526/
Article V, U.S. Constitution: https://www.archives.gov/federal-register/constitution/article-v.html
The Virginia Plan, 1787: https://www.archives.gov/milestone-documents/virginia-plan
Register for the 32nd Annual Review of the Field of National Security Law Conference – The Past, Present and Future: Celebrating 60 Years of the Standing Committee on Law and National Security – November 17th–18th, 2022: https://web.cvent.com/event/587890d9-7f23-4662-af87-6f106dedfece/summary
Part 2 of 2 – Many of the problems we face today, from recent global recessions to climate change, can be traced back to short term thinking. This week, host Elisa is joined by Ari Wallach, futurist and author of Longpath: Becoming the Great Ancestors our Future Needs. Ari acutely notes that we are at a significant turning point in history, one when bold change is needed to lay the groundwork for future generations. Yet, many Americans remain distracted by division and focused on the here and now. How do we compare to other nations that might be taking a longer term view of themselves? And how can we rethink our political, corporate, and education systems to better adapt to, and take leadership in, establishing the innovations to come?
Ari Wallach is the Founder and Executive Director of Longpath Labs, and the author of Longpath: Becoming the Great Ancestors our Future Needs: An Antidote for Short-Termism: https://www.longpath.org/ari-wallach
Wallach, Ari. Longpath: Becoming the Great Ancestors Our Future Needs: An Antidote for Short-Termism. HarperOne, an Imprint of HarperCollinsPublishers, 2022. https://www.longpath.org/book
References:
George Kennan's "Long Telegram," February 22nd, 1946: https://nsarchive2.gwu.edu/coldwar/documents/episode-1/kennan.htm
The National Intelligence Estimate on Climate Change: https://www.dni.gov/files/ODNI/documents/assessments/NIE_Climate_Change_and_National_Security.pdf
Ari Wallach's TED Talk, "Three ways to plan for the (very) long term:" https://www.ted.com/talks/ari_wallach_3_ways_to_plan_for_the_very_long_term
Register for the 32nd Annual Review of the Field of National Security Law Conference – The Past, Present and Future: Celebrating 60 Years of the Standing Committee on Law and National Security – November 17th–18th, 2022: https://web.cvent.com/event/587890d9-7f23-4662-af87-6f106dedfece/summary
Many of the problems we face today, from recent global recessions to climate change, can be traced back to short term thinking. This week, host Elisa is joined by Ari Wallach, futurist and author of Longpath: Becoming the Great Ancestors our Future Needs. Ari acutely notes that we are at a significant turning point in history, one when bold change is needed to lay the groundwork for future generations. Yet, many Americans remain distracted by division and focused on the here and now. How do we compare to other nations that might be taking a longer term view of themselves? And how can we rethink our political, corporate, and education systems to better adapt to, and take leadership in, establishing the innovations to come?
Ari Wallach is the Founder and Executive Director of Longpath Labs, and the author of Longpath: Becoming the Great Ancestors our Future Needs: An Antidote for Short-Termism: https://www.longpath.org/ari-wallach
Wallach, Ari. Longpath: Becoming the Great Ancestors Our Future Needs: An Antidote for Short-Termism. HarperOne, an Imprint of HarperCollinsPublishers, 2022. https://www.longpath.org/book
References:
George Kennan's "Long Telegram," February 22nd, 1946: https://nsarchive2.gwu.edu/coldwar/documents/episode-1/kennan.htm
The National Intelligence Estimate on Climate Change: https://www.dni.gov/files/ODNI/documents/assessments/NIE_Climate_Change_and_National_Security.pdf
Register for the 32nd Annual Review of the Field of National Security Law Conference – The Past, Present and Future: Celebrating 60 Years of the Standing Committee on Law and National Security – November 17th–18th, 2022: https://web.cvent.com/event/587890d9-7f23-4662-af87-6f106dedfece/summary
Listen to NSLT on Apple Podcasts: https://podcasts.apple.com/us/podcast/national-security-law-today/id1276946676
Listen to NSLT on Spotify: https://open.spotify.com/show/4KgtjLDlxsNxYrCLuOoF1I?si=69ca3d37c4714ded
This week we're covering the range of national security related topics that have been making headlines. Host Elisa is joined by Bill Banks to discuss the latest impacts of climate change, Ukraine's comeback, China's elections, and looking back on 21 years since the attacks on 9/11. And stick around towards the end of the episode for NSLT's latest book recommendations!
Bill Banks is Chair of the ABA Standing Committee on Law and National Security, and Emeritus Professor at the Syracuse University College of Law: http://law.syr.edu/profile/william-banks1
References:
Register for the 32nd Annual Review of the Field of National Security Law Conference – The Past, Present and Future: Celebrating 60 Years of the Standing Committee on Law and National Security – November 17th–18th, 2022: https://web.cvent.com/event/587890d9-7f23-4662-af87-6f106dedfece/summary
The National Intelligence Estimate on Climate Change: https://www.dni.gov/files/ODNI/documents/assessments/NIE_Climate_Change_and_National_Security.pdf
The Authorization for Use of Military Force (AUMF): https://www.congress.gov/107/plaws/publ40/PLAW-107publ40.pdf
The Patriot Act: https://www.congress.gov/107/plaws/publ56/PLAW-107publ56.pdf
Fisher, Max. The Chaos Machine: The Inside Story of How Social Media Rewired Our Minds and Our World. Little, Brown, 2023: https://www.littlebrown.com/titles/max-fisher/the-chaos-machine/9780316703314/
Singer, P. W., and Emerson T. Brooking. Likewar: The Weaponization of Social Media. Mariner Books, Houghton Mifflin Harcourt, 2019. https://www.likewarbook.com
Canellos, Peter S. The Great Dissenter: The Story of John Marshall Harlan, America's Judicial Hero. Simon & Schuster Paperbacks, an Imprint of Simon & Schuster, Inc., 2022. https://www.simonandschuster.com/books/The-Great-Dissenter/Peter-S-Canellos/9781501188213
Wallach, Ari. Longpath: Becoming the Great Ancestors Our Future Needs: An Antidote for Short-Termism. HarperOne, an Imprint of HarperCollinsPublishers, 2022. https://www.longpath.org/book
Feingold, Russ, and Peter Prindiville. The Constitution in Jeopardy: An Unprecedented Effort to Rewrite Our Fundamental Law and What We Can Do About It. PublicAffairs, 2022. https://www.publicaffairsbooks.com/titles/russ-feingold/the-constitution-in-jeopardy/9781541701526/
Listen to NSLT on Apple Podcasts: https://podcasts.apple.com/us/podcast/national-security-law-today/id1276946676
Listen to NSLT on Spotify: https://open.spotify.com/show/4KgtjLDlxsNxYrCLuOoF1I?si=b4e7eed1aace4e30
What makes the world go round? It is increasingly obvious that today the answer is "data" – specifically, data about individuals that companies collect, transmit, and store. Understandably, governments seek access to that data to protect national security and public safety, but such access raises serious privacy concerns, both at home and abroad. This week's episode features an expert panel from our CLE conference this past February. The panel discusses the various angles of data privacy, as well as the national security benefits and risks of international data flows.
To hear the entirety of this panel discussion, please visit our website: https://www.americanbar.org/groups/law_national_security/events_cle/national-security-law-cle-webinar-series-2022-emerging-critical-issues/recording-national-security-law-cle-conference-emerging-critical-issues/
For more information on our past CLE Conference: Emerging Critical Issues: https://www.americanbar.org/groups/law_national_security/events_cle/national-security-law-cle-webinar-series-2022-emerging-critical-issues/
This panel was moderated by Alex Joel, Scholar-in-Residence and Adjunct Professor at the Washington College of Law: https://www.wcl.american.edu/community/faculty/profile/ajoel/bio
Ben Huebner is Chief, ODNI Civil Liberties, Privacy and Transparency Office: https://www.dni.gov/index.php/component/content/article?id=350&Itemid=800
Leonard Bailey is Head of Computer Crime and Intellectual Property Section’s (CCIPS) Cybersecurity Unit and Special Counsel for National Security in the Department of Justice’s (DOJ) Criminal Division: https://www.law.georgetown.edu/national-security-center/our-team/leadership-staff/leonard-bailey/
Estelle Masse is Europe Legislative Manager and Global Data Protection Lead at Access Now: https://www.accessnow.org/profile/estelle-masse/
Stewart Baker is Of Counsel at Steptoe: https://www.steptoe.com/en/lawyers/stewart-baker.html
References:
Register for the 32nd Annual Review of the Field of National Security Law Conference – The Past, Present and Future: Celebrating 60 Years of the Standing Committee on Law and National Security – November 17th–18th, 2022: https://web.cvent.com/event/587890d9-7f23-4662-af87-6f106dedfece/summary
The EU General Data Protection Regulation (GDPR): https://www.trade.gov/european-union-data-privacy-and-protection
Carpenter v. United States: https://www.supremecourt.gov/opinions/17pdf/16-402_h315.pdf
Riley v. California: https://www.supremecourt.gov/opinions/13pdf/13-132_8l9c.pdf
Paul Ohm, "The Broad Reach of Carpenter v. United States." Just Security. June 27, 2018: https://www.justsecurity.org/58520/broad-reach-carpenter-v-united-states/
The Fourth Amendment Third Party Doctrine: https://sgp.fas.org/crs/misc/R43586.pdf
Leaders of A Beautiful Struggle v. Baltimore Police Department: https://www.ca4.uscourts.gov/opinions/201495A.P.pdf
Smith v. Maryland: https://supreme.justia.com/cases/federal/us/442/735/
E.O. 12333: https://dpcld.defense.gov/Portals/49/Documents/Civil/eo-12333-2008.pdf
Today's media landscape is plagued with division. This week, host Elisa is joined by Chris Stirewalt, former Fox News political editor and author of Broken News: Why the Media Rage Machine Divides America and How to Fight Back. Chris joins the cast to discuss how contemporary news outlets are drifting further into sensationalism and "rage revenue" and away from the civic-minded duty of keeping audiences informed. How can good journalism thrive in a sea of clickbait and extreme viewpoints? How does this business model endanger our national security? And are Americans still willing to read and hear thoughts that challenge their own viewpoints?
Chirs Stirewalt is a Senior Fellow at the American Enterprise Institute: https://www.aei.org/profile/chris-stirewalt/
Stirewalt, Chris. Broken News: Why the Media Rage Machine Divides America and How to Fight Back. Center Street, 2022: https://www.centerstreet.com/titles/chris-stirewalt/broken-news/9781546002635/
References:
Chris Stirewalt testimony at January 6th committee hearing: https://www.youtube.com/watch?v=HwDfXQKAtgM
The New U.S. Intelligence Community Law Sourcebook, 2021-2022 Edition: https://www.americanbar.org/products/inv/book/417416664/
Where can we expect law and policy regarding national security surveillance to go in the coming years? Where should it go? This week's episode features an expert panel from our CLE conference this past February. The panel gives greater context to these questions, set against growing domestic national security threats from militias, American political extremists, controversies about surveillance that have left several FISA authorities lapsed; and questions about the renewal of Sec. 702 of the FISA Amendments Act.
To hear the entirety of this panel discussion, please visit our website: https://www.americanbar.org/groups/law_national_security/events_cle/national-security-law-cle-webinar-series-2022-emerging-critical-issues/recording-national-security-law-cle-conference-emerging-critical-issues/
This panel is moderated by Dakota Rudesill, Associate Professor of Law at The Ohio State University Moritz College of Law: https://mershoncenter.osu.edu/people/rudesill.2
Adam Klein is the Director of the Strauss Center’s Program on Technology, Security, and Global Affairs: https://www.strausscenter.org/person/adam-klein/
Carrie Cordero is General Counsel at The Center for a New American Security: https://www.cnas.org/people/carrie-cordero
Emily Berman is an Associate Professor at The University of Houston Law Center: https://www.law.uh.edu/faculty/main.asp?PID=5005
References:
Register for the 32nd Annual Review of the Field of National Security Law Conference – The Past, Present and Future: Celebrating 60 Years of the Standing Committee on Law and National Security – November 17th–18th, 2022 : https://web.cvent.com/event/587890d9-7f23-4662-af87-6f106dedfece/summary
Katz v. United States (1967): https://supreme.justia.com/cases/federal/us/389/347/
Title III, The Omnibus Crime Control and Safe Streets Act of 1968 (The Wiretap Act): https://bja.ojp.gov/program/it/privacy-civil-liberties/authorities/statutes/1284
United States v. U.S. District Court for Eastern District of Michigan, 1972 (The Keith Case): https://supreme.justia.com/cases/federal/us/407/297/
The Foreign Intelligence Surveillance Act of 1978 (FISA): https://bja.ojp.gov/program/it/privacy-civil-liberties/authorities/statutes/1286
There's no denying the gender pay gap. Since 2000, the gender pay gap has held steady at about 20% despite all strides towards equality. Is the glass ceiling still holding strong? This week, host Elisa is joined by Stacey Vanek Smith, co-host of NPR's The Indicator from Planet Money, and author of Machiavelli for Women. Stacey brings with her a wealth of data and workplace knowledge, from how to get your opinions heard in a meeting to navigating the most complex of power dynamics. How are women perceived differently than men? And through a national security lens, how critical is it to have diverse voices at the forefront of decision making?
Stacey Vanek Smith is the Co-Host of The Indicator from Planet Money, Correspondent for Planet Money, and author of Machiavelli for Women: Defend Your Worth, Grow Your Ambition, and Win the Workplace: https://www.npr.org/people/350888943/stacey-vanek-smith
Stacey Vanek Smith, Machiavelli for Women: Defend Your Worth, Grow Your Ambition, and Win the Workplace. Gallery Books, 2022: https://www.simonandschuster.com/books/Machiavelli-for-Women/Stacey-Vanek-Smith/9781982121754
References:
An Anthology: 60 Years of Transformation | National Security Law: https://www.americanbar.org/groups/law_national_security/publications/aba-standing-committee-on-law-and-national-security-60-th-anniversary-an-anthology/
The New U.S. Intelligence Community Law Sourcebook, 2021-2022 Edition – 25% OFF with code: ICLS25: www.americanbar.org/products/inv/book/417416664/
This week, host Elisa is joined by national security experts Seth Jones and Jamil Jaffer to break down the latest national security headlines. How will Ayman al Zawahiri’s death impact Al-Qaeda? Was Speaker Pelosi’s visit to Taiwan effective? And while Americans tend to be short term thinkers, what long term strategies can we introduce now in order to bolster semiconductor production here at home?
Seth Jones is Senior Vice President, Harold Brown Chair, and Director of the International Security Program at the Center for Strategic and International Studies (CSIS): https://www.csis.org/people/seth-g-jones
Jamil Jaffer is the Founder and Executive Director of the National Security Institute, and an Assistant Professor of Law and Director of the National Security Law & Policy Program at the Antonin Scalia Law School at George Mason University: https://www.law.gmu.edu/faculty/directory/fulltime/jaffer_jamil_n
References:
Seth Jones, “How Terrorist Groups End: Lessons for Countering al Qa’ida.” RAND Corporation, 2008: https://www.rand.org/pubs/monographs/MG741-1.html
Seth Jones, “Three Dangerous Men: Russia, China, Iran and the Rise of Irregular Warfare.” W. W. Norton, 2021: https://wwnorton.com/books/9781324006206/about-the-book/product-details
NSLT, Ep. 233 “The Supply Chain of Semiconductors with Intel’s Tom Quillin”: https://soundcloud.com/nsltoday/tom-quillin-recast
The New U.S. Intelligence Community Law Sourcebook, 2021-2022 Edition – 25% OFF with code: ICLS25: www.americanbar.org/products/inv/book/417416664/
An Anthology: 60 Years of Transformation | National Security Law: https://www.americanbar.org/groups/law_national_security/publications/aba-standing-committee-on-law-and-national-security-60-th-anniversary-an-anthology/
This week, host Elisa is joined by former federal prosecutor Joseph Moreno to run through the latest stock of national security news. Is the White House signaling the defense industry to gear up weapons production? Is China behaving well but pretending not to? And why is real estate such an effective money laundering mechanism for Russian oligarchs?
Joseph Moreno is the General Counsel and Chief Compliance Officer of SAP National Security Services: https://drive.google.com/file/d/1Gf0qOjuZPXin1lPfQ1icbACFELFcEEfb/view?usp=sharing
References:
General Dynamics Corp. v. United States: https://www.supremecourt.gov/opinions/10pdf/09-1298.pdf
41 USC §609(a)(1), 1978 Contract Disputes Act: https://www.govinfo.gov/content/pkg/USCODE-2009-title41/html/USCODE-2009-title41-chap9.htm
E.O. 13224: https://www.state.gov/executive-order-13224/
10 USC 1601: https://www.law.cornell.edu/uscode/text/10/1601
15 USC 1701: https://www.law.cornell.edu/uscode/text/15/1701
50 USC Chapter 35: https://www.law.cornell.edu/uscode/text/15/1701
United States v. Nixon, 418 U.S. 683: https://supreme.justia.com/cases/federal/us/418/683/
The New U.S. Intelligence Community Law Sourcebook, 2021-2022 Edition – 25% OFF with code: ICLS25: https://www.americanbar.org/products/inv/book/417416664/
An Anthology: 60 Years of Transformation | National Security Law: https://www.americanbar.org/groups/law_national_security/publications/aba-standing-committee-on-law-and-national-security-60-th-anniversary-an-anthology/
This week is all about climate change, an increasingly undeniable threat to our national security. Host Elisa is joined by committee members Brian Egan and William Banks to discuss what legal authorities are at the disposal of the President to help combat this crisis. What defines an international economic emergency? And domestically, what other authorities can the President utilize to target certain parties that threaten our global climate?
Brian Egan is a Partner at Skadden: https://www.skadden.com/en/Professionals/E/Egan-Brian
William Banks is Chair of the ABA Standing Committee on Law and National Security Advisory Committee, and Emeritus Professor at the Syracuse University College of Law: http://law.syr.edu/profile/william-banks1
References:
International Emergency Economic Powers Act: https://uscode.house.gov/view.xhtml?path=/prelim@title50/chapter35&edition=prelim
The Defense Production Act: https://www.fema.gov/disaster/defense-production-act
U.S. Constitution, Article II: https://www.law.cornell.edu/constitution/articleii
West Virginia v. EPA: https://www.supremecourt.gov/opinions/21pdf/20-1530_n758.pdf
The Major Questions Doctrine: https://crsreports.congress.gov/product/pdf/LSB/LSB10745
As Congress makes advances on a new Chips Act, it is a fitting time to revisit our previous episode on semiconductor production, featuring Intel's Tom Quillin. Twenty years ago, the U.S. held over 37% of the world’s semiconductor manufacturing capabilities. Today, that share has dropped to just 12%. As demand for chips rises, we are faced with a pressing dilemma: rely on other nations for essential chips, or take the needed steps to bolster our semiconductor ecosystem here at home. Host Elisa is joined by Tom Quillin of Intel to discuss the semiconductor supply chain and future goals for manufacturing in the U.S. What are our needs for semiconductors now? How do we protect, train, and expand the chip-making workforce at home? And what strides is Congress taking to help us outpace our competition?
Tom Quillin leads Global Security Policy for semiconductor supply chains at Intel Corporation: https://drive.google.com/file/d/17t2rBKe874dnZUGqyD4PzTiW12HW6Ztd/view?usp=sharing
More on Intel’s role in semiconductor production: https://drive.google.com/file/d/1nR7sjnpFCHAkH0-23lFNWr01kQ9UBlDS/view?usp=sharing
References:
H.R. 7178, Chips for America Act: https://www.congress.gov/bill/116th-congress/house-bill/7178
H.R. 4521, America COMPETES Act of 2022: https://www.congress.gov/bill/117th-congress/house-bill/4521
E.O. 14017, America’s Supply Chains. Feb. 24th, 2021: https://www.whitehouse.gov/briefing-room/presidential-actions/2021/02/24/executive-order-on-americas-supply-chains/
The EU Chips Act: https://digital-strategy.ec.europa.eu/en/library/european-chips-act-communication-regulation-joint-undertaking-and-recommendation
This week, Harvey Rishikof hosts Gilman Louie, a Partner at Alsop Louie and former CEO of In-Q-Tel. Together they discuss the latest cutting-edge technologies and how these innovations are changing the global dynamic. What is the current state of U.S. tech dominance in comparison to China? How can we better secure our vulnerable systems? And how are lawyers helping in this pursuit of innovation?
Gilman Louie is a Partner at Alsop Louie: https://alsop-louie.com/team/gilman-louie/
Harvey Rishikof is a Director of Policy and Cyber Security Research and Visiting Research Professor at the University of Maryland: https://nationalsecurity.gmu.edu/harvey-rishkof/
To hear the rest of this discussion, as well as other panels from the February 2022 CLE conference, visit our committee page: https://www.americanbar.org/groups/law_national_security/events_cle/national-security-law-cle-webinar-series-2022-emerging-critical-issues/recording-national-security-law-cle-conference-emerging-critical-issues/
References:
Gilman Louie, Chris Darby, and Jason Matheny, Mitigating Economic Impacts of the COVID-19 Pandemic and Preserving U.S. Strategic Competitiveness in Artificial Intelligence: https://www.nscai.gov/wp-content/uploads/2021/01/NSCAI_White-Paper_Mitigating-Economic-Impacts-of-the-Covid-19-Pandemic.pdf
Office of the Director of National Intelligence, Annual Threat Assessment of the US Intelligence Community. Washington, DC: ODNI, April 2021: https://www.odni.gov/files/ODNI/documents/assessments/ATA-2021-Unclassified-Report.pdf
Office of the Director of National Intelligence, Global Trends 2040: A More Contested World. Washington, DC: National Intelligence Council, March 2021: https://www.dni.gov/files/ODNI/documents/assessments/GlobalTrends_2040.pdf
Gilman Louie et al, Final Report of the NSCAI. Washington, DC: National Security Commission on Artificial Intelligence, 2021: https://www.nscai.gov/wp-content/uploads/2021/03/Full-Report-Digital-1.pdf
This week, host Elisa and Harvey Rishikof are joined by two decorated national security lawyers, Adam Pearlman and Kay Wakatake, to discuss the newly released edition of the U.S. Intelligence Community Law Sourcebook. This sourcebook has long served as a must have resource throughout Congress, the Executive Branch, and private practice. Together, Kay and Adam discuss their roles as Editor and Editor-in-Chief of this recent edition, the evolution of its contents, and how this sourcebook has aided in their work.
Adam Pearlman is the Founder and Managing Director of Lexpat Global Services: https://nationalsecurity.gmu.edu/adam-pearlman/
Kay Wakatake is Of Counsel at Han Santos, and a retired Colonel of the U.S. Army JAG Corps: https://www.americanbar.org/profile.00644892/
Get your copy of the new U.S. Intelligence Community Law Sourcebook, 2021-2022 Edition – 25% OFF with code: ICLS25: https://www.americanbar.org/products/inv/book/417416664/
(Part 2 of 2) - There is a major flaw in the international shipping industry: the determination of ultimate ownership. This secrecy leads to unfathomable corruption without consequence. This week, host Elisa is joined by award-winning reporter, Matthew Campbell, to discuss his new book, Dead in the Water: A True Story of Hijacking, Murder, and a Global Maritime Conspiracy. The book illustrates the shocking corruption and inner workings of the international shipping industry, told through the lens of the 2011 Brillante Virtuoso hijacking and its aftermath. During a time when piracy ran rapid, why was the Brillante Virtuoso hijacking such an unusual case? In Part 2 of his interview, Matthew unpacks the global impacts of this corruption, and how he got started tracking such a fascinating story.
Matthew Campbell is a reporter and editor for Bloomberg Businessweek and the co-author of Dead in the Water: A True Story of Hijacking, Murder, and a Global Maritime Conspiracy: https://www.matthew-campbell.com/bio
References:
Campbell, Matthew, and Kit Chellel. Dead in the Water: A True Story of Hijacking, Murder, and a Global Maritime Conspiracy. Penguin Random House, 2022: https://www.matthew-campbell.com/dead-in-the-water
The Jones Act of 1920: https://www.law.cornell.edu/wex/jones_act
“UK and EU hit Russian oil cargoes with insurance ban.” Financial Times. May 2022: https://www.ft.com/content/10372dd3-be3c-42b9-982b-241a38efcc88
Check out the new U.S. Intelligence Community Law Sourcebook, 2021-2022 Edition – 25% OFF with code: ICLS25: www.americanbar.org/products/inv/book/417416664/
There is a major flaw in the international shipping industry: the determination of ultimate ownership. This secrecy leads to unfathomable corruption without consequence. This week, host Elisa is joined by award-winning reporter, Matthew Campbell, to discuss his new book, Dead in the Water: A True Story of Hijacking, Murder, and a Global Maritime Conspiracy. The book illustrates the shocking corruption and inner workings of the international shipping industry, told through the lens of the 2011 Brillante Virtuoso hijacking and its aftermath. During a time when piracy ran rapid, why was the Brillante Virtuoso hijacking such an unusual case? And how does the strange relationship between shipping and insurance play into this story?
Matthew Campbell is a reporter and editor for Bloomberg Businessweek and the co-author of Dead in the Water: A True Story of Hijacking, Murder, and a Global Maritime Conspiracy: https://www.matthew-campbell.com/bio
References:
Campbell, Matthew, and Kit Chellel. Dead in the Water: A True Story of Hijacking, Murder, and a Global Maritime Conspiracy. Penguin Random House, 2022: https://www.matthew-campbell.com/dead-in-the-water
“UK and EU hit Russian oil cargoes with insurance ban.” Financial Times. May 2022: https://www.ft.com/content/10372dd3-be3c-42b9-982b-241a38efcc88
Check out the new U.S. Intelligence Community Law Sourcebook, 2021-2022 Edition – 25% OFF with code: ICLS25: www.americanbar.org/products/inv/book/417416664/
Russia's invasion of Ukraine has changed the world in under 4 months, and it's still far from over. This week we feature special commentary by John Erath, the Senior Policy Director for the Center for Arms Control and Non-Proliferation. John discusses how an early end to the violence may be elusive, and what's next on Putin's agenda. How can this war end and are there good options going forward?
John Erath is the Senior Policy Director for the Center for Arms Control and Non-Proliferation: https://armscontrolcenter.org/about/meet-the-staff/john-erath/
References:
John Erath, "In Ukraine There are No Quick Fixes." Just Security. April 8, 2022: https://www.justsecurity.org/81046/in-ukraine-there-are-no-quick-fixes/
Check out the new U.S. Intelligence Community Law Sourcebook, 2021-2022 Edition – 25% OFF with code: ICLS25: https://www.americanbar.org/products/inv/book/417416664/
Recent advances in deepfake technology have made it harder to distinguish between real and fabricated content, posing substantial threats to public figures, organizations and our national security. This week, host Elisa is joined by Matthew Ferraro of WilmerHale to discuss the threat of synthetic media and how this technology amplifies the spread of disinformation. What potential does this technology have to alter public perception during election cycles? Do we have laws in place to address these threats? And how can we combat the malicious use of this technology while also upholding our First Amendment rights?
Matthew Ferraro is a Counsel at WilmerHale in Washington D.C.: https://www.wilmerhale.com/en/people/matthew-ferraro
Check out the new U.S. Intelligence Community Law Sourcebook, 2021-2022 Edition – 25% OFF with code: ICLS25: https://www.americanbar.org/products/inv/book/417416664/
National Security Law Today is now available on Spotify! https://open.spotify.com/show/4KgtjLDlxsNxYrCLuOoF1I?si=c4612c2ea732486d
References:
Matthew Ferraro, “Congress’s Deepening Interest in Deepfakes” The Hill. Dec. 2020: https://thehill.com/opinion/cybersecurity/531911-congresss-deepening-interest-in-deepfakes/
National Defense Authorization Act, 2020: https://www.congress.gov/bill/116th-congress/senate-bill/1790
Part 2 of 2 – In the struggle for transparency and accountability, whistleblowers play an invaluable role. This week, host Elisa is joined by Michael Atkinson, former Inspector General of the U.S. Intelligence Community, who, during his tenure, oversaw the investigation of the Ukraine whistleblower complaint that resulted ultimately in the first impeachment trial of former President Donald J. Trump. In the second half of his interview, Michael discusses the aftermath of the whistleblower complaint, how the narrative shifted in the days and weeks that followed, and the valuable career lessons learned from handling such a significant case.
Michael Atkinson is a partner at Crowell & Moring, and former Inspector General of the U.S. Intelligence Community: https://drive.google.com/file/d/1R1Zc6fpBM52mHAF-uKiheQ-ryl__F0O_/view?usp=sharing
Check out the new U.S. Intelligence Community Law Sourcebook, 2021-2022 Edition – 25% OFF with code: ICLS25: https://www.americanbar.org/products/inv/book/417416664/
National Security Law Today is now available on Spotify! https://open.spotify.com/show/4KgtjLDlxsNxYrCLuOoF1I?si=c4612c2ea732486d
References:
H.R.3829 – Intelligence Community Whistleblower Protection Act: https://www.congress.gov/bill/105th-congress/house-bill/3829
In the struggle for transparency and accountability, whistleblowers play an invaluable role. This week, host Elisa is joined by Michael Atkinson, former Inspector General of the U.S. Intelligence Community, who, during his tenure, oversaw the investigation of the Ukraine whistleblower complaint that resulted ultimately in the first impeachment trial of former President Donald J. Trump. He shares his experience handling the issue both swiftly and ethically, as well as the path that led him to his role as IG.
Michael Atkinson is a partner at Crowell & Moring, and former Inspector General of the U.S. Intelligence Community: https://drive.google.com/file/d/1R1Zc6fpBM52mHAF-uKiheQ-ryl__F0O_/view?usp=sharing
Check out the new U.S. Intelligence Community Law Sourcebook, 2021-2022 Edition – 25% OFF with code: ICLS25: www.americanbar.org/products/inv/book/417416664/
National Security Law Today is now available on Spotify! https://open.spotify.com/show/4KgtjLDlxsNxYrCLuOoF1I?si=da53fc09c2014abf
References:
H.R.3829 – Intelligence Community Whistleblower Protection Act: https://www.congress.gov/bill/105th-congress/house-bill/3829
From ransomware to software supply chain attacks, the energy sector faces constant cybersecurity threats. This week, host Elisa, along with friend of the cast, Harvey Rishikof, welcome on Cherylene Caddy of the Department of Energy. Cheri has extensive experience in cybersecurity supply chain vulnerabilities, risk management and response. What are the key cybersecurity concerns within the energy sector? And how is the current administration making steps to better secure our critical energy infrastructure?
Cheri Caddy is the Senior Advisor for Cybersecurity in the Office of Cybersecurity, Energy Security & Emergency Response (CESER) within the Department of Energy: https://cdn.govexec.com/media/cheri_caddy_bio.pdf
References:
Department of Energy Report, “Securing America’s Clean Energy Supply Chain”: https://www.energy.gov/policy/securing-americas-clean-energy-supply-chain
E.O. 14017, America’s Supply Chains. Feb. 24, 2021: https://www.whitehouse.gov/briefing-room/presidential-actions/2021/02/24/executive-order-on-americas-supply-chains/
E.O. 14028, Improving the Nations Cybersecurity. May 12, 2021: https://www.whitehouse.gov/briefing-room/presidential-actions/2021/05/12/executive-order-on-improving-the-nations-cybersecurity/
H.R. 7178, CHIPS for America Act: https://www.congress.gov/bill/116th-congress/house-bill/7178
H.R. 4521, America COMPETES Act of 2022: https://www.congress.gov/bill/117th-congress/house-bill/4521
The U.S. Intelligence Community Law Sourcebook, 2021-2022 Edition – 25% OFF with code: ICLS25: https://www.americanbar.org/products/inv/book/417416664/
We are now entering the fourth month of Russia’s invasion of Ukraine, as the evacuations and destruction continues. This week, host Elisa is joined by Yevgeny Vindman, a colonel in the U.S. Army JAG Corps and former deputy legal advisor for the White House National Security Council. Having been born in Ukraine and risen through the ranks of U.S. military leadership despite contention, Col. Vindman brings a unique military perspective. What has this conflict revealed about NATO, its weapons, and its readiness? Can we assign responsibility to neighboring Belarus for its role in this conflict? And based on history, how will this conflict end?
Yevgeny Vindman is a colonel in the U.S. Army JAG Corps, and former deputy legal advisor on the White House National Security Council from 2018 to 2020: https://www.justsecurity.org/author/yevgenyvindman/
References:
The Geneva Conventions: https://www.icrc.org/en/doc/assets/files/publications/icrc-002-0173.pdf
The Hague Conventions of 1907: https://ihl-databases.icrc.org/ihl/INTRO/195
Yevgeny Vindman, “Putin’s War is an Existential Crisis for the United Nations.” Foreign Policy. April 1 2022: https://foreignpolicy.com/2022/04/01/russia-war-united-nations-ukraine/
Yevgeny Vindman, “How to Keep Belarus Out of the War.” Foreign Affairs. March 31 2022: https://www.foreignaffairs.com/articles/russia-fsu/2022-03-31/how-keep-belarus-out-war
Twenty years ago, the U.S. held 37% of the world’s semiconductor manufacturing capabilities. Today, that share has dropped to just 12%. As demand for chips rises, we are faced with a pressing dilemma: rely on other nations for essential chips, or take the needed steps to bolster our semiconductor ecosystem here at home. This week, host Elisa is joined by Intel’s Tom Quillin to discuss the semiconductor supply chain and future goals for manufacturing in the U.S. What are our needs for semiconductors now? How do we protect, train, and expand the chip-making workforce at home? And what strides is Congress taking to help us outpace our competition?
Tom Quillin leads Global Security Policy for semiconductor supply chains at Intel Corporation: https://drive.google.com/file/d/17t2rBKe874dnZUGqyD4PzTiW12HW6Ztd/view?usp=sharing
More on Intel’s role in semiconductor production: https://drive.google.com/file/d/1nR7sjnpFCHAkH0-23lFNWr01kQ9UBlDS/view?usp=sharing
References:
H.R. 7178, Chips for America Act: https://www.congress.gov/bill/116th-congress/house-bill/7178
H.R. 4521, America COMPETES Act of 2022: https://www.congress.gov/bill/117th-congress/house-bill/4521
E.O. 14017, America’s Supply Chains. Feb. 24th, 2021: https://www.whitehouse.gov/briefing-room/presidential-actions/2021/02/24/executive-order-on-americas-supply-chains/
The EU Chips Act: https://digital-strategy.ec.europa.eu/en/library/european-chips-act-communication-regulation-joint-undertaking-and-recommendation
(Part 2 of 2) – In honor of Law Day on May 1st, we bring you special opening remarks from ABA President, Reginald Turner, along with the second half of our interview with Russia-Eurasia expert, Professor Angela Stent. Together with Elisa, Professor Stent continues to unpack the tangled history between Russia and Ukraine, and the resulting conflict that has dominated the world stage. What role does corruption play in the Russian military? And what are the scenarios in which this conflict may end?
Professor Angela Stent is Director of the Center for Eurasian, Russian & East European Studies at Georgetown University, and Senior Fellow at the Brookings Institution: https://gufaculty360.georgetown.edu/s/contact/00336000014RWsfAAG/angela-stent
Reginald Turner is President of the American Bar Association: https://www.americanbar.org/groups/leadership/aba_officers/turner-reginald/
References:
Angela Stent, “Putin’s World: Russia Against the West and with the Rest” Twelve, 2019: https://www.twelvebooks.com/titles/angela-stent/putins-world/9781455533015/
Angela Stent, “The Limits of Partnership: U.S.-Russian Relations in the Twenty-First Century” Princeton University Press, 2015: https://press.princeton.edu/books/paperback/9780691165868/the-limits-of-partnership
The 1994 Budapest Memorandum on Security Assurances: https://treaties.un.org/doc/Publication/UNTS/Volume%203007/Part/volume-3007-I-52241.pdf
Law Day 2022 Resources: https://www.americanbar.org/groups/public_education/law-day/
In order to understand today’s tensions between Russia and Ukraine, we have to start at the beginning. This week, host Elisa is joined by Russia-Eurasia expert, Professor Angela Stent, to unpack the tangled history between these two nations, and the resulting conflict that has dominated the world stage. How have the last two decades, and the rise of Vladimir Putin, altered the Russian-Ukrainian relationship? What is Ukraine's history with international partnerships and treaties? And why are Crimea and other assets along the Black Sea of such interest to Putin right now?
Professor Angela Stent is Director of the Center for Eurasian, Russian & East European Studies at Georgetown University, and Senior Fellow at the Brookings Institution: https://gufaculty360.georgetown.edu/s/contact/00336000014RWsfAAG/angela-stent
References:
Angela Stent, “Putin’s World: Russia Against the West and with the Rest” Twelve, 2019: https://www.twelvebooks.com/titles/angela-stent/putins-world/9781455533015/
Angela Stent, “The Limits of Partnership: U.S.-Russian Relations in the Twenty-First Century” Princeton University Press, 2015: https://press.princeton.edu/books/paperback/9780691165868/the-limits-of-partnership
The 1994 Budapest Memorandum on Security Assurances: https://treaties.un.org/doc/Publication/UNTS/Volume%203007/Part/volume-3007-I-52241.pdf
Happy Supply Chain Awareness Month! Since February of last year, the Biden Administration has spotlighted an urgent need to strengthen, secure and diversify our supply chains, both as a matter of economic prosperity and national security. While these concerns are not new, recent world events have exacerbated supply chain disruptions, exposing a range of vulnerabilities across sectors. This week, host Elisa is joined by Jeanette McMillian, to debrief six recent supply chain reports issued in response to E.O. 14017. What do these reports reveal about the fragility of our supply chains? Which sectors are most at risk? And what can we do to better protect our existing supply networks?
Jeanette McMillian is the Assistant Director of Supply Chain and Cyber, National Counterintelligence and Security Center, ODNI: https://drive.google.com/file/d/1yWM6LO0LXeGIUMiL9NcIFFFRBEGQMS7o/view?usp=sharing
References:
E.O. 14017, America’s Supply Chains. Feb. 24, 2021: https://www.whitehouse.gov/briefing-room/presidential-actions/2021/02/24/executive-order-on-americas-supply-chains/
H.R. 7178, CHIPS for America Act: https://www.congress.gov/bill/116th-congress/house-bill/7178/text
H.R. 4521, America COMPETES Act of 2022: https://www.congress.gov/bill/117th-congress/house-bill/4521
S. 1260, United States Innovation and Competition Act of 2021: https://www.congress.gov/bill/117th-congress/senate-bill/1260
H.R. 3684, Infrastructure Investment and Jobs Act: https://www.congress.gov/117/bills/hr3684/BILLS-117hr3684enr.pdf
The Build Back Better Framework: https://www.whitehouse.gov/build-back-better/
2022 Supply Chain Reports by Agency:
Department of Defense: https://media.defense.gov/2022/Feb/24/2002944158/-1/-1/1/DOD-EO-14017-REPORT-SECURING-DEFENSE-CRITICAL-SUPPLY-CHAINS.PDF
Department of Commerce & Homeland Security (ICT Report): https://www.dhs.gov/sites/default/files/2022-02/ICT%20Supply%20Chain%20Report_2.pdf
Department of Energy: https://www.energy.gov/policy/securing-americas-clean-energy-supply-chain
Department of Agriculture: https://www.ams.usda.gov/sites/default/files/media/USDAAgriFoodSupplyChainReport.pdf
Department of Transportation: https://www.transportation.gov/supplychains/EO14017/fullreport
Department of Health and Human Services: https://aspr.hhs.gov/MCM/IBx/2022Report/Pages/default.aspx
How would you spend 4 minutes in suborbital space? This week, we welcome Audrey Powers of Blue Origin, who as of October 2021 became this first attorney-turned-astronaut aboard Blue Origin’s own New Shepard rocket. Her story is an inspiration for many, as she discusses her experience aboard the New Shepard, the career paths that lead her there, as well as the advantages and risks to the lawlessness of space.
Audrey Powers is the Vice President of Flight Operations at Blue Origin: https://drive.google.com/file/d/1IxpPI9U539wI633oQtR0hDABGhywTSNN/view?usp=sharing
This episode was co-hosted by Cindy Ryan, former General Counsel of the National Geospatial Intelligence Agency: https://www.americanbar.org/content/dam/aba/administrative/law_national_security/crryan-bio-20.pdf
References:
FAA Evaluation of the Commercial Human Space Flight Safety Frameworks and Key Industry Indicators: https://www.faa.gov/sites/faa.gov/files/2021-11/CSLCA_Sec111_Report_to_Congress.pdf
The Outer Space Treaty: https://www.unoosa.org/oosa/en/ourwork/spacelaw/treaties/outerspacetreaty.html
The Missile Technology Control Regime: https://mtcr.info
Behind Putin’s power is a steady flow of illegal funds. Since Russia’s invasion of Ukraine, the US and Europe have slapped numerous sanctions on Russian banks, officials, businesses, oligarchs and their families in an effort to flatten the Kremlin’s illicit financial flows. This week, host Elisa welcomes back Brian Egan of Skadden to discuss these crackdown efforts. How do kleptocrats acquire and hide their assets? And have these economic sanctions done enough to handicap Putin's war?
Brian Egan is partner at Skadden: https://www.skadden.com/en/Professionals/E/Egan-Brian
(Part 2 of 2) – It’s the largest military conflict in Europe since World War II. And in just 4 weeks, Putin’s playbook has proven to grossly violate international law. This week, host Elisa is joined by Judge James Baker to breakdown the laws and treaties that apply to Russia and this conflict. Which international agreements are at play, and which have been violated? And as this conflict escalates, what options are on the table for NATO member states?
Hon. James E Baker is the Director of the Institute of Security Policy and Law at Syracuse University: http://law.syr.edu/profile/the-hon.-james-e.-baker
References:
The Geneva Conventions: https://www.icrc.org/en/doc/assets/files/publications/icrc-002-0173.pdf
The North Atlantic Treaty, Articles 5 & 11: https://www.nato.int/cps/en/natolive/official_texts_17120.htm
The Rome Statute of the International Criminal Court: https://legal.un.org/icc/statute/99_corr/cstatute.htm
United Nations General Assembly, Article 18: https://legal.un.org/repertory/art18.shtml
National Security Act of 1947: https://www.dni.gov/index.php/ic-legal-reference-book/national-security-act-of-1947
The Nuremberg Principles: https://ihl-databases.icrc.org/ihl/INTRO/390
Title 18 U.S. Code 2441, War Crimes: https://www.law.cornell.edu/uscode/text/18/2441
Executive Order 901: https://www.law.cornell.edu/uscode/text/5/901
Executive Order 12333: https://dpcld.defense.gov/Portals/49/Documents/Civil/eo-12333-2008.pdf
Department of Defense Law of War Manual: https://dod.defense.gov/Portals/1/Documents/pubs/DoD%20Law%20of%20War%20Manual%20-%20June%202015%20Updated%20Dec%202016.pdf?ver=2016-12-13-172036-190
James E. Baker, “Obedience to Orders, Lawful Orders, and the Military’s Constitutional Compact.” Just Security. November 2, 2020: https://www.justsecurity.org/73221/good-governance-paper-no-21-obedience-to-orders-lawful-orders-and-the-militarys-constitutional-compact/
“Biden call Putin a war criminal.” NPR. March 16, 2022: https://www.npr.org/2022/03/16/1087011897/biden-putin-war-criminal
“U.S must harden its cybersecurity defenses, experts say.” ABA Press and ABA Standing Committee on Law and National Security. Feb. 2022: https://www.americanbar.org/news/abanews/aba-news-archives/2022/03/us-must-harden-its-cybersecurity-defenses/
“Statement of ABA President Reginald Turner Re: Invasion of Ukraine.” ABA. March 2, 2022z: https://www.americanbar.org/news/abanews/aba-news-archives/2022/02/statement-of-aba-president-reginald-turner-re-invasion-of-ukraine/
It’s the largest military conflict in Europe since World War II. And in just 3 weeks, Putin’s playbook has proven to grossly violate international law. This week, host Elisa is joined by Judge James Baker to breakdown the laws and treaties that apply to Russia and this conflict. Which international agreements are at play, and which have been violated? And as this conflict escalates, what options are on the table for NATO member states?
Hon. James E Baker is the Director of the Institute of Security Policy and Law at Syracuse University: http://law.syr.edu/profile/the-hon.-james-e.-baker
References:
The Geneva Conventions: https://www.icrc.org/en/doc/assets/files/publications/icrc-002-0173.pdf
The North Atlantic Treaty, Articles 5 & 11: https://www.nato.int/cps/en/natolive/official_texts_17120.htm
The Rome Statute of the International Criminal Court: https://legal.un.org/icc/statute/99_corr/cstatute.htm
United Nations General Assembly, Article 18: https://legal.un.org/repertory/art18.shtml
National Security Act of 1947: https://www.dni.gov/index.php/ic-legal-reference-book/national-security-act-of-1947
James E. Baker, “Obedience to Orders, Lawful Orders, and the Military’s Constitutional Compact.” Just Security. November 2, 2020: https://www.justsecurity.org/73221/good-governance-paper-no-21-obedience-to-orders-lawful-orders-and-the-militarys-constitutional-compact/
“Biden call Putin a war criminal.” NPR. March 16, 2022: https://www.npr.org/2022/03/16/1087011897/biden-putin-war-criminal
“U.S must harden its cybersecurity defenses, experts say.” ABA Press and ABA Standing Committee on Law and National Security. Feb. 2022: https://www.americanbar.org/news/abanews/aba-news-archives/2022/03/us-must-harden-its-cybersecurity-defenses/
“Statement of ABA President Reginald Turner Re: Invasion of Ukraine.” ABA. March 2, 2022z: https://www.americanbar.org/news/abanews/aba-news-archives/2022/02/statement-of-aba-president-reginald-turner-re-invasion-of-ukraine/
(Part 2 of 2) - As the world watches the evolving situation in Ukraine, many experts question the mindset and stability of Vladimir Putin. Are his tactics pure madness, or is this a more calculated strategy than we realize? This week host Elisa is joined by former CIA official Robert Dannenberg to dissect Putin’s history, current behaviors, and future intentions. What is Putin thinking and what is his endgame?
Robert Dannenberg worked in the Central Intelligence Agency for 24 years, including as Chief of Operations for the Counter Terrorism Center, Chief of the Central Eurasia Division and Chief of the CIA’s Information Operations Center. He then served as the head of the Office of Global Security for Goldman Sachs: www.susandavis.com/robert-dannenberg/
References:
Rob Dannenberg, “With His Only Option Being Escalation, this is How Putin’s War Must End” The Cipher Brief. March 7, 2022: https://www.thecipherbrief.com/with-his-only-option-being-escalation-this-is-how-putins-war-must-end
Russian President Putin Statement on Ukraine. C-SPAN. February 21, 2022: https://www.c-span.org/video/?518097-2/russian-president-putin-recognizes-independence-donetsk-luhansk-ukraines-donbas-region
The Ezra Klein Show, “Fiona Hill on the War Putin is Really Fighting.” The New York Times. March 8, 2022: https://www.nytimes.com/2022/03/08/opinion/ezra-klein-podcast-fiona-hill.html
OAO Alfa Bank v. Center for Public Integrity. September 2005: https://casetext.com/case/oao-alfa-bank-v-center-for-public-integrity-2
Tom Burgis, “Kleptopia: How Dirty Money Is Conquering the World.” Harper Collins. September 8th, 2020: https://www.harpercollins.com/products/kleptopia-tom-burgis?variant=32121952829474
Dominic Casciani, “Journalist wins ‘kleptocract’ book High Court libel case.” BBC News. March 2nd, 2022: https://www.bbc.com/news/uk-60595266
As the world watches the evolving situation in Ukraine, many experts question the mindset and stability of Vladimir Putin. Are his tactics pure madness, or is this a more calculated strategy than we realize? This week host Elisa is joined by former CIA official Robert Dannenberg to dissect Putin’s history, current behaviors, and future intentions. What is Putin thinking and what is his endgame?
Robert Dannenberg worked in the Central Intelligence Agency for 24 years, including as Chief of Operations for the Counter Terrorism Center, Chief of the Central Eurasia Division and Chief of the CIA’s Information Operations Center. He then served as the head of the Office of Global Security for Goldman Sachs: https://www.susandavis.com/robert-dannenberg/
The deep ocean is the last great wilderness on Earth. Vast and largely unexplored, the CCZ alone covers 1.7 million square miles of abyssal plain. At its chilling depths you’ll find crushing pressure, zero sunlight, and a sweeping array of life living amongst some of the most coveted minerals on Earth. This week we bring you the hard science of the ocean floor. Host Elisa is joined by marine ecologist Alex Rogers to discuss the biodiversity of the CCZ and its role in our global ecosystem. How biodiverse is the deep ocean? Why is deep sea life so important for carbon sequestration? And with so much still unknown, what do we risk in exploiting the deep sea for its mineral resources?
Professor Alex David Rogers is the Science Director at Rev Ocean, and a Visiting Professor in the Department of Zoology at the University of Oxford: https://docs.google.com/document/d/1S5WNy8jZOwmOr1k0wafnfrtOG9xo2iGd/edit?usp=sharing&ouid=115287310253365681610&rtpof=true&sd=true
With great power…come great batteries. While to some they may seem like a ubiquitous technology, the fact is that batteries may very well hold the key to our energy revolution and a new electrified economy. This week, host Elisa is joined by University of Michigan battery expert Greg Less to breakdown the battery production process and how this involves the seabed. What minerals are needed to build today’s batteries, and the potential batteries of the future? Who controls the bulk of the battery supply chain? And how do we better prepare ourselves for the shift away from traditional energy infrastructure?
Greg Less is the Technical Director at the University of Michigan Battery Lab: https://nexus.engin.umich.edu/about-us/our-team/greg-less/
Over 95% of the world’s data travels along a network of roughly 430 subsea cables. These cables, at about the thickness of a garden hose, are responsible for powering our wireless world. What happens when these cables are in harm's way? In this week’s continuation of our seabed mining series, host Elisa sits down with Kent Bressie, undersea cable industry expert, to discuss the risks of seabed mining on our communications infrastructure. What laws protect subsea cables? And in what ways are these cables vulnerable to seabed mining?
Kent Bressie is a partner at Harris, Wiltshire & Grannis, and serves as the International Law Advisor to the International Cable Protection Committee (ICPC): https://www.hwglaw.com/team/kent-d-bressie/
If the Clarion Clipperton Zone is the next frontier for critical mineral mining, what share of the pie does the U.S. currently have? The answer may surprise you. This week, host Elisa is joined by two U.S. State Department officials, Greg O’Brien and Kate Gorove, to talk all things U.S. interests when it comes to the seabed. What laws and treaties govern the international seabed and CCZ? Are we members of the International Seabed Authority? And if not, how come?
Greg O’Brien is the Senior Oceans Policy Advisor in the Office of Ocean and Polar Affairs at the U.S. Department of State: https://drive.google.com/file/d/1IMfhMbxurcKsgH6WV09wcFyW-UZw3WN6/view?usp=sharing
Kate Gorove is with the Office of the Legal Adviser for Oceans and International Environmental and Scientific Affairs at the U.S. Department of State: https://drive.google.com/file/d/1eKOC7-k_a04-cdGL30yV2EbwWeFKvJei/view?usp=sharing
References:
The International Seabed Authority: https://www.isa.org.jm
United Nations Convention on the Law of the Sea: https://www.un.org/depts/los/convention_agreements/texts/unclos/unclos_e.pdf
The International Tribunal for the Law of the Sea: https://www.itlos.org/en/main/latest-news/
“Deep Seabed Hard Minerals Resources Act.” NOAA, 2002: https://www.gc.noaa.gov/documents/gcil_dshmra_summary.pdf
“Regulations on Prospecting and Exploration for Polymetallic Nodules in the Area.” ISA, 2013: https://isa.org.jm/files/files/documents/isba-19c-17_0.pdf
In our fourth installment of the seabed mining series, we loop back with Scott Segal, co-chair of the Policy Resolution Group at Bracewell LLP, for the second half of his perspective on seabed mining as a future source of critical minerals. As an industry professional, in Scott’s eyes the issue is a no-brainer; the global benefits of seabed mining are impressive, and, as he puts it, “No form of getting minerals is without any form of tradeoff.” Yet, co-hosts Elisa and Yvette ask him hard-hitting questions: What is The Mining Company’s end goal? Won’t this impact our subsea cable infrastructure? And is the value of the deep sea ecosystem, particularly for use in pharmaceuticals, being considered?
Scott Segal is the co-chair of the Policy Resolution Group at Bracewell LLP: https://bracewell.com/people/scott-h-segal
In our third chapter of the Seabed Mining as a National Security Threat series, we welcome back Matt Gianni, Co-Founder, Political and Policy Advisor for the Deep Sea Conservation Commission, to hear the second part of his perspective on mining the deep seabed. Matt further explains the risks involved with mining the CCZ, signaling out the legal gray areas that have not yet been addressed by the International Seabed Authority. Additionally, do we have access to alternative mineral types that could replace the need to mine the seabed? How will climate change forecasts affect mineable zones in the future? And what can be done to avoid environmental calamity if seabed mining moves forward?
Matthew Gianni is the Co-Founder, Political and Policy Advisor for the Deep Sea Conservation Commission: http://www.savethehighseas.org/about-us/board-of-directors/matthew-gianni/
To learn more about the Deep Sea Conservation Coalition: http://www.savethehighseas.org
FILM: In Too Deep: https://www.youtube.com/watch?v=bUCk_THAPNQ
Batteries require minerals, a fact many of us forget. In our second installment of the Seabed Mining as a National Security Threat series, co-hosts Elisa and Yvette sit down with Scott Segal, co-chair of the Policy Resolution Group at Bracewell LLP. Scott’s experience representing major companies in the renewable energy field includes The Metals Company, a Canadian mining startup and a major player in the race to mine the Clarion Clipperton Zone (CCZ). Scott joins us to provide an industry perspective on seabed mineral mining, starting from the ground up. What are Polymetallic Nodules and how are they mined? Where does the U.S. currently source minerals needed to make batteries? And apart from the mining of these minerals, does the U.S have the ability to produce batteries or does that infrastructure lie in the hands of foreign adversaries?
Scott Segal is the co-chair of the Policy Resolution Group at Bracewell LLP: https://bracewell.com/people/scott-h-segal
In our first episode of the Seabed Mining as a National Security Threat series, co-hosts Elisa and Yvette welcome on Matthew Gianni, Co-Founder, Political and Policy Advisor for the Deep Sea Conservation Commission. With over 30 years experience in marine conservation, Matt breaks down the fundamentals of seabed mining with a focus on the Clarion Clipperton Zone (CCZ). What laws and treaties govern the CCZ? And why is it of strategic interest to our allies and enemies alike?
Matthew Gianni is the Co-Founder, Political and Policy Advisor for the Deep Sea Conservation Commission: http://www.savethehighseas.org/about-us/board-of-directors/matthew-gianni/
Seabed Mining as a National Security Threat is a five-part series on the national and global security risks of deep sea mining. The ocean floor contains vast quantities of minerals critical for powering today’s technologies, from rechargeable batteries to advanced defense applications. The Clarion Clipperton Zone is ground zero, as companies and countries alike race to stake claim over this new mining frontier. Yet the potential for environmental damage is great––scraping the ocean floor to extract rare minerals could destroy deep sea habitats, dismantle ocean ecosystems, and dig us into far worse problems than supply and demand. In this series we’ll discuss the laws of mining the sea, who’s getting involved, the private sector’s role, and what a seabed mining future might look like for a fragile planet earth.
It’s a new year for national security law! To kick things off, co-hosts Elisa and Yvette dive into the latest international topics, from advanced Russian missile testing, to developments on the Horn of Africa, tensions in the Red Sea, and the announcement of our upcoming series on the world of seabed mining and its importance to national security law.
The second largest country in Africa, Sudan, recently experienced a coup. This is the second upset to Sudan’s ruling structure in less than 36 months. This week, co-hosts Elisa and Yvette are joined by Darin Johnson, professor of law at Howard University, who helps unpack these recent developments in Sudan while continuing our series on the strategic importance of the Horn of Africa. Why should Americans take interest in Sudan? What is Sudan’s history with international terrorism as well as counterterrorism operations? And what does the future hold for the U.S.-Sudan relationship?
Darin Johnson is a professor of law at Howard University: https://docs.google.com/document/d/1IquHYEY-7F0O6FZ70wQn9ueqAGpuWP9i/edit?usp=sharing&ouid=115287310253365681610&rtpof=true&sd=true
Part 2 of 2 – The Tigray War in Ethiopia, which began in November of last year, has killed thousands, displaced millions, and has fueled a devastating humanitarian crisis in the region. This week, co-hosts Elisa and Yvette are joined by Cameron Hudson of the Atlantic Council to discuss the latest developments in this ongoing civil war. What approach is the Biden administration taking to address this crisis? And what actions could draw the U.S. further into the conflict?
Cameron Hudson is a Nonresident Senior Fellow with the Atlantic Council’s Africa Center: https://www.atlanticcouncil.org/expert/cameron-hudson/
The Tigray War in Ethiopia, which began in November of last year, has killed thousands, displaced millions, and has fueled a devastating humanitarian crisis in the region. This week, co-hosts Elisa and Yvette are joined by Cameron Hudson of the Atlantic Council to discuss the latest developments in this ongoing civil war. How does Ethiopia’s political history contribute to today’s conflict? How are China, Iran and other nations involved? And why is Ethiopia’s instability on the Horn of Africa so crucial to U.S. national security?
Cameron Hudson is a Nonresident Senior Fellow with the Atlantic Council’s Africa Center: https://www.atlanticcouncil.org/expert/cameron-hudson/
It’s our 200th episode! To celebrate we’ve invited back one of our very first guests to the podcast, Brian Egan. This week we’re discussing illicit finance, sanctions, and whether our methods of detecting and penalizing kleptocracy are up to par. How do kleptocrats hide their assets? What national security tools are currently at play? And how can sanctions be helpful or harmful in this process?
Brian Egan is a partner at Skadden: https://www.skadden.com/en/Professionals/E/Egan-Brian
NSLT Ep. 158, “Kleptocracy and National Security with Tom Burgis”: https://www.americanbar.org/groups/law_national_security/nslt/20210121-kleptocracy1/
United States v. Miller: https://www.law.cornell.edu/supremecourt/text/307/174
H.R. 5525 ENABLERS Act (Introduced version): https://www.govtrack.us/congress/bills/117/hr5525/text
H.R. 402 CROOK Act: https://www.govtrack.us/congress/bills/117/hr402/text
ABA Afghanistan Response Project: https://www.americanbar.org/advocacy/rule_of_law/afghanistan-response/
This week, co-hosts Elisa and Yvette welcome Lieutenant General Flora Darpino. As a 30-year Army veteran, Lieutenant General Darpino served as the 39th Judge Advocate General of the Army, and was the first woman to serve in her role. Lieutenant General Darpino shares her experience as an early JAG serving during the Cold War, the challenges and opportunities that shaped her career as a TJAG, and offers advice to young lawyers looking to explore what the JAG Corps has to offer.
Lieutenant General Flora Darpino was the 39th Judge Advocate General of the Army: https://www.congress.gov/116/meeting/house/109201/witnesses/HHRG-116-AS02-Bio-DarpinoF-20190402.pdf
The Supreme Court is back in session with a full plate this fall. To breakdown the latest national security cases on the docket, co-host Yvette is joined by Jamil Jaffer, Founder & Executive Director of the National Security Institute at George Mason University. Together they cover the big ticket issues, from United States v. Zubaydah and the state secrets privilege, to New York State Rifle & Pistol Association and 2nd Amendment rights. Jamil Jaffer is the Founder & Executive Director of the National Security Institute at George Mason University: https://www.law.gmu.edu/faculty/directory/fulltime/jaffer_jamil_n References: United States v. Zubaydah: https://www.supremecourt.gov/qp/20-00827qp.pdf FBI v. Fazaga: https://www.supremecourt.gov/qp/20-00828qp.pdf Patel v. Garland: https://www.supremecourt.gov/qp/20-00979qp.pdf U.S. v. Tsarnaev: https://www.supremecourt.gov/qp/20-00443qp.pdf Babcock v. Kijakazi: https://www.supremecourt.gov/qp/20-00480qp.pdf New York State Rifle & Pistol Association Inc. v. Bruen: https://www.supremecourt.gov/qp/20-00843qp.pdf
As our climate heats up, so do geopolitical tensions. This week, co-hosts Elisa and Yvette discuss the National Intelligence Estimate (NIE) issued by the National Intelligence Council, and dive into all things climate change, fossil fuels, and future green energy technology. How will climate change impact global migration patterns? Which nations have a hand in the oil reserves of the Arctic? And what is solar geoengineering?
References:
"National Intelligence Estimate on Climate Change" The Office of the Director of National Intelligence. Oct. 21, 2021: https://www.dni.gov/index.php/newsroom/reports-publications/reports-publications-2021/item/2253-national-intelligence-estimate-on-climate-change
NSLT Ep. 84, "Climate Security and the Changing Landscape of Threat Part I with Mark Nevitt": https://www.americanbar.org/groups/law_national_security/nslt/20190711-climate-security-and-the-changing-landscape-of-threat-part1/
NSLT Ep. 15, "Touring the Arctic with Lindsay Rodman": https://www.americanbar.org/groups/law_national_security/nslt/20180115-touring-the-arctic/
"Department of Defense Climate Climate Risk Analysis" Oct. 2021: https://media.defense.gov/2021/Oct/21/2002877353/-1/-1/0/DOD-CLIMATE-RISK-ANALYSIS-FINAL.PDF
Documentary: "Journey to Planet Earth: Extreme Realities: Severe Weather, Climate Change, and Our National Security" 2014: https://www.amazon.com/Journey-Planet-Earth-Realities-National/dp/B0835TYPDV
ABA Afghanistan Response Project: https://www.americanbar.org/advocacy/rule_of_law/afghanistan-response/
It’s all eyes on energy, and all eyes on China this week. Co-hosts Elisa and Yvette unpack the latest issues, from depleting energy reserves, to DOD resignations, to Chinese/Russian joint military exercises. Joining them to discuss the looming energy crisis and its global impact is Elaine Levin, President at Powerhouse. And later, we are joined by Captain Mary Ann Schaffer, Managing Director and System Chief Pilot at United Airlines, who unpacks United’s mission to cut carbon emissions.
Elaine Levin is the President at Powerhouse: https://documentcloud.adobe.com/link/review?uri=urn:aaid:scds:US:abd5c0cc-d3aa-4163-b3a0-7e9a33a339eb#pageNum=1
Captain Mary Ann Schaffer is the Managing Director, System Chief Pilot at United Airlines: https://documentcloud.adobe.com/link/review?uri=urn:aaid:scds:US:cfde71d1-b30e-42bd-8f39-a2d1dce8bf7c#pageNum=1
References:
NSLT Ep. 184, “The Centaur's Dilemma with Judge James Baker (Part 1)”: https://www.americanbar.org/groups/law_national_security/nslt/centaur-dilemma-judge-baker-part-one/
NSLT Ep. 194, “A Conversation with the Director of National Intelligence Avril Haines”: https://www.americanbar.org/groups/law_national_security/nslt/a-conversation-with-the-director-of-national-intelligence-avril-haines/
NSLT, Ep. 85, “Climate Security and the Changing Landscape of Threat Part II with Mark Nevitt”: https://www.americanbar.org/groups/law_national_security/nslt/20190718-climate-security-and-the-changing-landscape-of-threat-part2/
ABA Afghanistan Response Project: www.americanbar.org/advocacy/rule_o…istan-response/
General Colin Powell, who passed away this week, is remembered throughout the national security community as a distinguished public servant and American statesman. As the first Black chairman of the Joint Chiefs of Staff and the first Black Secretary of State, Powell broke barriers, shaped history, and reset the rules for how American military force should be deployed in the post-Vietnam era. In honor of his legacy and impact, we are joined this week by Jack Rives, who served alongside General Powell when he was chairman of the Joint Chiefs of Staff. Jack Rives reflects on Powell’s legacy, his tremendous impact on the national security community across both sides of the aisle, and pays tribute to a man of great honor, achievement, and character.
Jack Rives, Executive Director of the ABA: https://www.americanbar.org/groups/leadership/aba_officers/rives/
Colin Powell, former Joint Chiefs Chairman and Secretary of State: https://www.biography.com/political-figure/colin-powell
Articles:
“Executive Dir. Jack Rives reflects on Gen. Colin Powell’s life, legacy” The American Bar Association. Oct. 2021. https://www.americanbar.org/news/abanews/aba-news-archives/2021/10/colin-powell-remembrance/
“Colin L. Powell Embodied the American Dream” Wall Street Journal. Oct. 20, 2021: https://drive.google.com/file/d/1QTw_3fzp0NhMQfwlbsFc0A9ya-OKy9SV/view?usp=sharing
“Colin L. Powell’s Thirteen Rules of Leadership” U.S. Department of State. Oct. 18, 2021 https://www.state.gov/dipnote-u-s-department-of-state-official-blog/colin-l-powells-thirteen-rules-of-leadership/
Books:
Powell, Colin L. My American Journey. Penguin Random House, 1995. https://www.penguinrandomhouse.com/books/133242/my-american-journey-by-colin-powell-with-joseph-e-persico/
Powell, Colin L., and Tony Koltz. It Worked for Me: In Life and Leadership. Harper Perennial, 2014. https://www.amazon.com/Worked-Me-Life-Leadership/dp/0062135139
This week we are honored to host Avril Haines, Director of National Intelligence. As the first woman to serve as DNI, Avril Haines has an extraordinary perspective and the experience to match. Among many things she discusses - China, investments in cyber and intelligence infrastructure, creating a more diverse workforce, the shifting threat landscape, and opportunities for women in the intelligence community.
Avril Haines is the Director of National Intelligence: https://www.dni.gov/index.php/who-we-are/leadership/director-of-national-intelligence
This conversation features opening remarks by Mary DeRosa, Chair of the Advisory Committee and Professor from Practice and Co-Director, Global Law Scholars Program, Georgetown University Law Center: https://www.law.georgetown.edu/faculty/mary-b-derosa/
This conversation is moderated by Jennifer O’Connor, Chair of Women in National Security Law and Vice President at Northrop Grumman: https://www.asdnews.com/news/defense/2017/04/28/ngc-appoints-jennifer-m-oconnor-as-mission-systems-sector-counsel
Happy Cyber Awareness month! And there’s already plenty to discuss. This week co-hosts Elisa and Yvette are joined by Claudia Rast, ABA Cybersecurity Legal Task Force Co-Chair, to discuss the biggest headlines in tech, from Facebook whistleblower revelations, malware vulnerabilities in hospitals, the Pandora Papers, South Dakota as a new tax haven, and the legal aspects to all of it.
Claudia Rast is Co-Chair of the ABA Cybersecurity Legal Task Force: https://www.butzel.com/attorneys-claudia-rast.html
References:
ABA Cybersecurity Legal Task Force: https://www.americanbar.org/groups/cybersecurity/
The ABA Cybersecurity Handbook, 2nd Edition: https://www.americanbar.org/products/inv/book/309654847/
Vendor Cybersecurity Checklist, 2nd Edition: https://www.americanbar.org/products/ecd/ebk/411859099/
The Pandora Papers, an ICIJ Investigation: https://www.icij.org/investigations/pandora-papers/
NSLT Ep. 158, “Kleptocracy and National Security with Tom Burgess”: https://www.americanbar.org/groups/law_national_security/nslt/20210121-kleptocracy1/
2021 AI & Robotics National Institute Virtual Conference registration: https://web.cvent.com/event/f5951821-bd85-45d4-ba82-e575054a2679/summary
60 Minutes with Frances Haugen: https://www.cbsnews.com/news/facebook-whistleblower-frances-haugen-misinformation-public-60-minutes-2021-10-03/
Communications Decency Act, Section 230: https://www.law.cornell.edu/uscode/text/47/230
UPCOMING free webinar with DNI Avril Haines, Oct. 13th. Registration below: https://www.americanbar.org/natsecurity
ABA Afghanistan Response Project: https://www.americanbar.org/advocacy/rule_of_law/afghanistan-response/
This week, hosts Elisa and Yvette break down the latest in national security law news: Why is the Supreme Court’s public perception at an all time low? Is China headed towards issuing their own stable coin? And what’s going on on the Korean Peninsula? Tune in for all this and more.
References:
“Approval of U.S. Supreme Court Down to 40%, a New Low.” Gallup. Sep. 23 2021: https://news.gallup.com/poll/354908/approval-supreme-court-down-new-low.aspx
The Bank Secrecy Act: https://www.occ.treas.gov/topics/supervision-and-examination/bsa/index-bsa.html
NSLT Ep. 94, “Will the Dollar be Disarmed? with Brian Egan”: https://www.americanbar.org/groups/law_national_security/nslt/20190919-will-the-dollar-be-disarmed/
“North Korea Offers Talks With South In A Likely Bid to Get Sanctions Relief.” NPR. Sep. 24, 2021: https://www.npr.org/2021/09/24/1040357002/north-korea-offers-talks-with-south-in-a-likely-bid-to-get-sanctions-relief
U.S. Constitution, Article III Section 3: https://constitution.congress.gov/browse/article-3/section-3/
“Apple delays iPhone photo-scanning plan amid fierce backlash.” Associated Press. Sep. 3, 2021: https://apnews.com/article/technology-business-d796d5ca2ca5932790ad806b9c119d71
“General Milley and Other Military Officials Testify on Afghanistan Withdrawal” C-SPAN. Sep. 29, 2021: https://www.c-span.org/video/?514922-1/defense-secretary-austin-generals-milley-mckenzie-testify-afghanistan-withdrawal
NSLT Ep. 120, “Public Service and National Security with Avril Haines and Paul Lekas”: https://www.americanbar.org/groups/law_national_security/nslt/20200416-public-service-and-national-security/
UPCOMING free webinar with Avirl Haines, Oct. 13th. Register below: https://americanbar.zoom.us/webinar/register/WN__sHGT45EQeuuWAF9v6cIsw
More information on the Oct. 13th webinar: https://documentcloud.adobe.com/link/track?uri=urn:aaid:scds:US:79d78b2b-233e-4636-89de-d868af6f6e37#pageNum=1
To meet today's challenges, Americans must rediscover shared values, relearn the fundamentals of our constitutional republic, and re-form a sense of civic identity and commitment to our communities and across the nation. In this week’s episode, we are sharing an excellent conversation on civics featuring former U.S. Secretary of Defense Bob Gates, Suzanne Spaulding of CSIS, with opening remarks by Dr. John Hamre of CSIS. This conversation was originally recorded and broadcasted by CSIS as part of the CivXNow Civic Education Policy Summit.
To view the original event: https://www.csis.org/events/civics-national-security-imperative-conversation-secretary-bob-gates
To learn more about CivXNow Civic Education Policy Summit: www.civxnow.org
Dr. Robert Gates is the former U.S. Secretary of Defense: https://www.defense.gov/About/Biographies/Biography/Article/602797/
Suzanne Spaulding is a senior adviser for homeland security and director of the Defending Democratic Institutions project at CSIS: https://www.csis.org/people/suzanne-spaulding
Dr. John Hamre is the President and CEO of CSIS: https://www.csis.org/people/john-j-hamre
References:
NSLT ep. 165, “National Security Lawyers on Civic Education as a National Security Imperative”: https://soundcloud.com/nsltoday/national-security-lawyers-on-civic-education
This week, co-host Yvette is joined by Bill Banks to discuss the latest topics in national security law: What are the legal issues surrounding Biden’s new “over-the-horizon” strategy in Afghanistan? Is it time for the U.S. to revise and reform the AUMF? And with COVID vaccines still dominating headlines, are the new federal mandates considered constitutional? And if they are, could there be other legal challenges?
William Banks is a professor at Syracuse Law School and the Chair of the ABA Standing Committee on Law and National Security: law.syr.edu/profile/william-banks1
References:
Charter of the United Nations, Chapter 7 Article 51: https://legal.un.org/repertory/art51.shtml
Charter of the United Nations, Chapter 7 Article 42: https://legal.un.org/repertory/art42.shtml
Authorization for the Use of Military Force: https://www.google.com/url?sa=t&rct=j&q=&esrc=s&source=web&cd=&cad=rja&uact=8&ved=2ahUKEwjMr6HC-YHzAhUMc98KHevWDsUQFnoECAIQAQ&url=https%3A%2F%2Fwww.congress.gov%2F107%2Fplaws%2Fpubl40%2FPLAW-107publ40.pdf&usg=AOvVaw2ITdZrN7EI033pIoBAB37n
Brandenburg v. Ohio: https://www.oyez.org/cases/1968/492
Jacobson v. Massachusetts: https://supreme.justia.com/cases/federal/us/197/11/
"US Department of Labor's OSHA issues emergency temporary standard to protect health care workers from the coronavirus." U.S. Department of Labor. June 10, 2021. https://www.osha.gov/news/newsreleases/national/06102021
"Occupational Exposure to COVID-19; Emergency Temporary Standard." Federal Register. June 21, 2021. https://www.federalregister.gov/documents/2021/06/21/2021-12428/occupational-exposure-to-covid-19-emergency-temporary-standard
The last twenty years of American counterterror and national security efforts have had profound impacts on our nation and the world. On the 20th Anniversary of the 9/11 attacks, we ask, how have we done? What worked and what didn’t work? Were processes, policies, laws, and resources adequate to the requirements? Did we adhere to those policies and laws? And perhaps most importantly, what lessons have we learned to ensure our nation and its allies can do better in the coming decades?
This episode features welcoming remarks by ABA President Reginald M. Turner: https://www.americanbar.org/groups/leadership/aba_officers/turner-reginald/
Moderated by Judge James Baker, Director of the Institute for Security Policy and Law at Syracuse University: http://law.syr.edu/profile/the-hon.-james-e.-baker
Speakers:
Ambassador Anne Patterson is a Kissinger Sr. Fellow at the Yale Jackson Institute for Global Affairs: https://www.academyofdiplomacy.org/member/anne-w-patterson/
Michael Vickers is the former Under Secretary of Defense for Intelligence: https://www.baesystems.com/en-us/our-company/about-us/bae-systems-inc/inc-board-of-directors/michael-g-vickers
Sahar Aziz is a Professor of Law Chancellor’s Social Justice Scholar at Rutgers Law School: https://law.rutgers.edu/directory/view/8277
In this week’s episode, we hear from an esteemed panel of cybersecurity professionals on two big ticket items of this year: President Biden’s Executive Order on Improving the Nation’s Cybersecurity, and the Rule 41 Search and Seizure warrant obtained by the FBI in response to the Microsoft Exchange Server data breach this past spring.
This panel is moderated by ABA Cybersecurity Legal Task Force Co-Chair Claudia Rast
Speakers:
Dan Sutherland is the Chief Counsel for CISA: https://www.cisa.gov/dan-sutherland
Christopher Peters is the Chief Security Officer at Entergy: https://www.linkedin.com/in/peterscso/
Terrence Berg is a U.S. District Court Judge for the Eastern District of Michigan: https://www.mied.uscourts.gov/index.cfm?pageFunction=chambers&judgeid=37
To view the full webinar: https://www.americanbar.org/groups/cybersecurity/
Executive Order on Improving the Nation’s Cybersecurity: https://www.whitehouse.gov/briefing-room/presidential-actions/2021/05/12/executive-order-on-improving-the-nations-cybersecurity/
Rule 41 Search and Seizure: https://casetext.com/statute/united-states-code/title-18-appendix/federal-rules-of-criminal-procedure/section-41-search-and-seizure
Resources:
Journal of National Security Law and Policy: https://jnslp.com/
Center for Security, Race and Rights: https://csrr.rutgers.edu/
The Racial Muslim :When Racism Quashes Religious Freedomby Sahar F. Aziz https://www.ucpress.edu/book/9780520382299/the-racial-muslim
Books Addressing Muslims or Islam in the United States (1965-2020) (Bibliography) :https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2734400
The American War in Afghanistan: A History by Carter Malkasian:https://www.jmichaelsbooks.com/pages/books/303651/carter-malkasian/the-american-war-in-afghanistan-a-history
Aspiring cyber professionals listen up! In this week’s episode, we hear from an all-female panel of cyber experts whose experience spans across both public and private sectors. We hear how they kick-started their careers, what types of security threats they’re focused on right now, and advice they have for law students interested in diving into the world of cybersecurity.
This panel features opening remarks by Jennifer O'Connor, Chair of Women in National Security Law, and moderated by Maureen Kelly, Co-Chair of the Cybersecurity Legal Task Force.
Speakers:
Mieke Eoyang is the Deputy Assistant Secretary of Defense for Cyber Policy at DOD: https://www.defense.gov/Our-Story/Biographies/Biography/Article/2505290/mieke-eoyang/
Hilary Hageman is a former SVP and General Counsel at the Cubic Corporation and currently at Terran Orbital Corporation: https://www.linkedin.com/in/hilary-hageman-12b4326
Kim Peretti is a partner at Alston & Bird: https://www.alston.com/en/professionals/p/peretti-kimberly-kiefer/
Kemba Walden is the Assistant General Counsel of the Digital Crimes Unit at Microsoft: https://gufaculty360.georgetown.edu/s/contact/00336000015bTHQAA2/kemba-walden
To view the full webinar: https://www.americanbar.org/groups/law_national_security/
As the current situation in Afghanistan unfolds, hosts Elisa and Yvette, along with the ABA community, are taking a moment this week to recognize those who've worked and served tirelessly to uphold the rule of law in Afghanistan for the last 20 years.
A Statement by ABA President Reginald Turner re: Afghanistan: https://www.americanbar.org/news/abanews/aba-news-archives/2021/08/aba-president-statement-re-afghanistan/
In Part 2 of their discussion on the risks and benefits of AI in national security, hosts Elisa and Yvette chat with James Baker about the future of AI policy. What is the appropriate level of human control in different AI contexts? Where are we with autonomous weapons applications? And what critical AI conversations do lawyers and policy makers need right now? James Baker covers all this and more in his recent book, The Centaur’s Dilemma: National Security Law for the Coming AI Revolution.
Hon. James E Baker is the Director of the Institute of Security Policy and Law at Syracuse University: law.syr.edu/profile/the-hon.-james-e.-baker
More on The Centaur’s Dilemma: National Security Law for the Coming AI Revolution: www.brookings.edu/book/the-centaurs-dilemma/
To order The Centaur’s Dilemma directly: www.amazon.com/Centaurs-Dilemma-…ion/dp/0815737998
References:
The Law of Armed Conflict https://www.loc.gov/rr/frd/Military_Law/pdf/LOAC-Deskbook-2015.pdf
Article 36 of the 1977 Additional Protocol I to the 1949 Geneva Conventions: https://ihl-databases.icrc.org/applic/ihl/ihl.nsf/4e473c7bc8854f2ec12563f60039c738/feb84e9c01ddc926c12563cd0051daf7
The Defense Production Act: https://uscode.house.gov/view.xhtml?path=/prelim@title50/chapter55&edition=prelim
James Baker, “A DPA for the 21st Century: Securing America’s AI National Security Innovation Base” CSET. April 2021 https://cset.georgetown.edu/wp-content/uploads/CSET-A-DPA-for-the-21st-Century-1.pdf
The Invention Secrecy Act: https://www.law.cornell.edu/uscode/text/35/181
Kashmir Hill, “Wrongfully Accused by an Algorithm.” New York Times. June 2020. https://www.nytimes.com/2020/06/24/technology/facial-recognition-arrest.html
Artificial Intelligence (AI) is not a single piece of hardware or software, but rather a constellation of technologies. This week, hosts Elisa and Yvette are joined by James Baker, an expert in national security law and process, to discuss his recent book, The Centaur’s Dilemma: National Security Law for the Coming AI Revolution. Together, they break down the risks and benefits of AI application. Will AI increase the likelihood of conflict? And how can we reap the benefits of AI for broader national security purposes without losing control of the consequences?
Hon. James E Baker is the Director of the Institute of Security Policy and Law at Syracuse University: law.syr.edu/profile/the-hon.-james-e.-baker
More on The Centaur’s Dilemma: National Security Law for the Coming AI Revolution: https://www.brookings.edu/book/the-centaurs-dilemma/
To order The Centaur’s Dilemma directly: https://www.amazon.com/Centaurs-Dilemma-National-Security-Revolution/dp/0815737998
References:
NSLT Ep. 167, Artificial Intelligence, National Security Law and Ethics: https://soundcloud.com/nsltoday/artificial-intelligence-national-security-law-and-ethics
Continuing their conversation on data privacy, host Elisa Poteat and guest Alex Joel dive deeper into the global privacy dilemma. How did the Snowden revelations influence today’s privacy tensions with Europe? And with technology vastly outpacing the law, is Congress having a hard time keeping up?
Alex Joel is a Scholar-in-Residence and Adjunct Professor at the Washington College of Law: www.wcl.american.edu/impact/initiat…eam/alex-joel/
References:
The Church Committee: www.senate.gov/about/powers-proc…rch-committee.htm
The Pike Committee: archive.org/details/PikeCommitteeReportFull
Presidential Policy Directive 28: www.fbi.gov/file-repository/ppd…res-signed.pdf/view
Executive Order 12333: www.intelligence.senate.gov/sites/defau…ed12333.pdf
Alex Joel, "Protect Privacy. That's an Order." Lawfare. April 2021: www.lawfareblog.com/protect-privacy-thats-order
Alex Joel, "Getting the T's and C's Right: The Lessons of Intelligence Reform." Just Security. November 2020: www.justsecurity.org/73452/getting-…igence-reform/
Alex Joel, "Seek and Speak the Truth." Just Security. April 2020: www.justsecurity.org/69706/seek-and…eak-the-truth/
Alex Joel, "9/11 All Over Again." Just Security. April 2020: www.justsecurity.org/69706/seek-and…eak-the-truth/
TLS Project: Transatlantic Data Flows in the Wake of Schrems II: www.justsecurity.org/69706/seek-and…eak-the-truth/
The Tech, Law & Security Program American University Washington College of Law: www.wcl.american.edu/impact/initiat…grams/techlaw/
U.S.-EU Privacy Shield: crsreports.congress.gov/product/pdf/IF/IF11613
EU Data Transfer Requirements and U.S. Intelligence Laws: Understanding Schrems II and It'sImpact on the EU-U.S. Privacy Shield: crsreports.congress.gov/product/pdf/R/R46724
Government access to personal data held by the private sector: Statement by the OECD Committee on Digital Economy Policy: www.oecd.org/digital/trusted-go…private-sector.htm
What is happening globally to the concept of data privacy? In this week’s hot topic discussion, host Elisa Poteat is joined by Alex Joel to examine the U.S. data privacy mindset, how that mindset differs from Europe’s, and what regulations might be expected in the future.
Alex Joel is a Scholar-in-Residence and Adjunct Professor at the Washington College of Law: https://www.wcl.american.edu/impact/initiatives-programs/techlaw/our-team/alex-joel/
References:
The Church Committee: https://www.senate.gov/about/powers-procedures/investigations/church-committee.htm
The Pike Committee: https://archive.org/details/PikeCommitteeReportFull
Presidential Policy Directive 28: https://www.fbi.gov/file-repository/ppd-28-policies-procedures-signed.pdf/view
Executive Order 12333: https://www.intelligence.senate.gov/sites/default/files/laws/amended12333.pdf
Alex Joel, "Protect Privacy. That's an Order." Lawfare. April 2021: https://www.lawfareblog.com/protect-privacy-thats-order
Alex Joel, "Getting the T's and C's Right: The Lessons of Intelligence Reform." Just Security. November 2020: https://www.justsecurity.org/73452/getting-the-ts-and-cs-right-the-lessons-of-intelligence-reform/
Alex Joel, "Seek and Speak the Truth." Just Security. April 2020: https://www.justsecurity.org/69706/seek-and-speak-the-truth/
Alex Joel, "9/11 All Over Again." Just Security. April 2020: https://www.justsecurity.org/69706/seek-and-speak-the-truth/
TLS Project: Transatlantic Data Flows in the Wake of Schrems II: https://www.justsecurity.org/69706/seek-and-speak-the-truth/
The Tech, Law & Security Program American University Washington College of Law: https://www.wcl.american.edu/impact/initiatives-programs/techlaw/
U.S.-EU Privacy Shield: https://crsreports.congress.gov/product/pdf/IF/IF11613
EU Data Transfer Requirements and U.S. Intelligence Laws: Understanding Schrems II and It'sImpact on the EU-U.S. Privacy Shield: https://crsreports.congress.gov/product/pdf/R/R46724
Government access to personal data held by the private sector: Statement by the OECD Committee on Digital Economy Policy: https://www.oecd.org/digital/trusted-government-access-personal-data-private-sector.htm
Part 2 of 2 – Algorithms are everywhere – feeding us daily news, friend suggestions, and targeted ads. Yet, the majority of us have neither the training nor the access to truly understand how these systems impact us and what protocols govern them. In part two of this series, hosts Elisa and Yvette sit down with Alex Stamos to talk all things algorithmic. How do we regulate amplification? Will Section 230 reform affect these platforms? And how can we better educate the masses on these issues?
Alex Stamos is the Director of the Stanford Internet Observatory: cisac.fsi.stanford.edu/people/alex-stamos-0
References:
Section 230, Communication Decency Act: www.law.cornell.edu/uscode/text/47/230
The Election Integrity Partnership: www.eipartnership.net/
Persily, Nathaniel, and Joshua A. Tucker. Social Media and Democracy: the State of the Field, Prospects for Reform. Cambridge University Press, 2020: www.cambridge.org/core/books/socia…56A5CC393698F117
Benkler, Yochai, et al. Network Propaganda: Manipulation, Disinformation, and Radicalization in American Politics. Oxford University Press, 2018: oxford.universitypressscholarship.com/view/1…923624
Algorithms are everywhere – feeding us daily news, friend suggestions, and targeted ads. Yet, the majority of us have neither the training nor the access to truly understand how these systems impact us and what protocols govern them. In this two part series, hosts Elisa and Yvette sit down with Alex Stamos to talk all things algorithmic. What is microtargeting? Who monetizes from sharing disinformation? And how have these systems and platforms changed our political landscape? What does the future look like?
Alex Stamos is the Director of the Stanford Internet Observatory: https://cisac.fsi.stanford.edu/people/alex-stamos-0
References:
The Election Integrity Partnership: https://www.eipartnership.net/
Persily, Nathaniel, and Joshua A. Tucker. Social Media and Democracy: the State of the Field, Prospects for Reform. Cambridge University Press, 2020: https://www.cambridge.org/core/books/social-media-and-democracy/E79E2BBF03C18C3A56A5CC393698F117
Benkler, Yochai, et al. Network Propaganda: Manipulation, Disinformation, and Radicalization in American Politics. Oxford University Press, 2018: https://oxford.universitypressscholarship.com/view/10.1093/oso/9780190923624.001.0001/oso-9780190923624
Following President Biden’s recent meeting with Russian leader Vladimir Putin, we’re rebroadcasting our timely podcast discussion with Robert Dannenberg, who served in the CIA for 24 years. He discusses Putin's history and worldview, how he views NATO and the United States, and why Russia launched interference campaigns against US elections.
To hear Part 2 of this interview, check out “Politics of Putin Part 2: Attacking American Elections” https://podcasts.apple.com/us/podcast/national-security-law-today/id1276946676?i=1000490707618
This episode references:
"Alexei Navalny: Russia opposition leader poisoned with Novichok - Germany" BBC, September 2, 2020 www.bbc.com/news/world-europe-54002880
"Trolls, tracking and films: How Putin's Russia obsessively hounded opposition leader Navalny" Washington Post, August 29, 2020 www.washingtonpost.com/world/europe/…a5_story.html
Senate Select Committee on Intelligence Report on Russian Active Measures Campaigns and Interference in the 2016 U.S. Election, Volumes 1-5 www.intelligence.senate.gov/publication…ve-measures
Statement by NCSC Director William Evanina: Election Threat Update for the American Public, August 7, 2020 www.dni.gov/index.php/newsroom/…the-american-public
Robert Dannenberg is a former CIA officer who served as Chief of Operations for the Counter Terrorism Center, Chief of the Central Eurasia Division and Chief of the CIA’s Information Operations Center. www.susandavis.com/robert-dannenberg/
This week, hosts Elisa and Yvette breakdown the latest in national security news, from newly nominated cybersecurity officials, to upcoming cases on the Supreme Court docket, and the latest Air Force contract making strides towards a 3D printed supply chain.
This episode references:
U.S. v. Zubaydah (20-827): https://www.supremecourt.gov/qp/20-00827qp.pdf
FBI v. Fazaga (20-828): https://www.supremecourt.gov/qp/20-00828qp.pdf
U.S. v. Tsarnaev (20-443): https://www.supremecourt.gov/qp/20-00443qp.pdf
NDAA, 2021: https://www.congress.gov/116/bills/hr6395/BILLS-116hr6395enr.pdf
NSLT Episode, “Politics of Putin: Why he’s attacking NATO, the EU and America’s free and fair elections.” https://podcasts.apple.com/us/podcast/national-security-law-today/id1276946676?i=1000490006194
ABA Standing Committee on Law and National Security: https://www.americanbar.org/groups/law_national_security/
What is the difference between a whistleblower and a leaker? What are the various pathways a whistleblower can take when bringing information forward? And once a claim is made, how are discretion and protection built into the process? In this week’s episode, we hear from a panel of legal experts on the complexities of whistleblowing. They discuss the various roles lawyers play between government counsel, private counsel, and inspector general, as well as the importance of whistleblowers to the intelligence community.
This panel is moderated by Dawn Eilenberger, former Deputy Director of National Intelligence: https://drive.google.com/file/d/1GgQiFOgDGX0Ii7QKK05SXyVNKv1o2S4Y/view?usp=sharing
Speakers:
Michael Atkinson is a Partner at Crowell & Moving LLP, and former ODNI Inspector General: https://www.crowell.com/Professionals/Michael-Atkinson
Joel Brenner is a Senior Research Fellow at the MIT Center for International Studies, and former NSA Inspector General: https://ssp.mit.edu/people/joel-brenner
Jason Klitenic is a Partner at Holland & Knight, and former General Counsel, ODNI: https://www.hklaw.com/en/professionals/k/klitenic-jason
Mark Zaid is the Managing Partner at Mark S. Zaid, PC, and Co-Founder of Whistleblower Aid: https://markzaid.com/zaid/
This webinar was cosponsored by the Council on Intelligence Issues: http://intelissues.com/home.aspx
To view the full webinar: https://www.americanbar.org/groups/law_national_security/
Check out the Committee on Law and National Security's book, “Whistleblowers, Leaks and the Media: The First Amendment and National Security" available at https://www.americanbar.org/products/inv/book/137391052/ use CODE WHISTLE50 for the special 50% discount
Part 2 of 2 – The Biden Administration will be withdrawing all American troops from Afghanistan in the coming months, aiming to close out what has now been 20 years of U.S. military presence in the country. But where does this leave us with Iraq? In this week’s episode, hosts Elisa and Yvette sit down with author Robert Draper to discuss his new book, To Start a War: How the Bush Administration Took America Into Iraq. Together, the three discuss the book’s central characters, the detailed and complex decision making that brought us into Iraq, and what we’ve learned looking back.
Robert Draper, "To Start a War: How the Bush Administration Took America into Iraq," July, 2020. www.barnesandnoble.com/w/to-start-a-…er/1134237302Robert Draper
Amazon author page: www.amazon.com/Robert-Draper/e/B…ng_rwt_scns_share
Robert Draper, "Liz Cheney vs. MAGA." New York Time Magazine. April 2021. www.nytimes.com/2021/04/22/magazi…eney-vs-maga.html
Follow Robert on Twitter: https://twitter.com/DraperRobert?s=20
And Facebook: https://www.facebook.com/Robert-Draper-406384372706205/
The Biden Administration will be withdrawing all American troops from Afghanistan in the coming months, aiming to close out what has now been 20 years of U.S. military presence in the country. But where does this leave us with Iraq? In this week’s episode, hosts Elisa and Yvette sit down with author Robert Draper to discuss his new book, To Start a War: How the Bush Administration Took America Into Iraq. Together, the three discuss the book’s central characters, the detailed and complex decision making that brought us into Iraq, and what we’ve learned looking back.
Robert Draper, "To Start a War: How the Bush Administration Took America into Iraq," July, 2020. https://www.barnesandnoble.com/w/to-start-a-war-robert-draper/1134237302
Robert Draper Amazon author page: https://www.amazon.com/Robert-Draper/e/B001HD0SBK%3Fref=dbs_a_mng_rwt_scns_share
Robert Draper, "Liz Cheney vs. MAGA." New York Time Magazine. April 2021. https://www.nytimes.com/2021/04/22/magazine/liz-cheney-vs-maga.html
Last week President Biden signed an executive order designed to modernize the federal government's response to cyberattacks. This new EO proposes an array of actions, including facilitating increased information sharing, improving software security, enhancing cybersecurity standards and processes for government systems; and establishing a cybersecurity safety review board. In this week’s episode, moderator Maureen Kelly sits down with Jen Daskal and Dan Sutherland to discuss all these key components and more.
Dan Sutherland is the Chief Counsel at CISA: https://www.cisa.gov/dan-sutherland
Jen Daskal is the Deputy General Counsel at the DHS: https://drive.google.com/file/d/1xWcvGHiFo1Yf72DOkTm6RVuHwQYfa_bB/view?usp=sharing
References:
Executive Order on Improving the Nation’s Cybersecurity: https://www.whitehouse.gov/briefing-room/presidential-actions/2021/05/12/executive-order-on-improving-the-nations-cybersecurity/
Executive Order Fact Sheet: https://www.whitehouse.gov/briefing-room/statements-releases/2021/05/12/fact-sheet-president-signs-executive-order-charting-new-course-to-improve-the-nations-cybersecurity-and-protect-federal-government-networks/
Dan Sutherland, “What Is a Cybersecurity Legal Practice?” April 2, 2021. https://www.lawfareblog.com/what-cybersecurity-legal-practice
CISA Resources on Ransomware: https://www.cisa.gov/ransomware
Is our legal system prepared for attacks like we saw on the Colonial Pipeline last week? In a functioning democracy, is it appropriate for a private company like Facebook to be so important to electoral success? And as COVID cases in India surge, what are the legal complexities of easing vaccine intellectual property rights in order to help our global counterparts? Bill Banks and Yvette Bourcicot sit down to discuss all these national security law issues and more.
William Banks is a professor at Syracuse Law School and the Chair of the ABA Standing Committee on Law and National Security: law.syr.edu/profile/william-banks1
References:
CDC Covid Data Tracker: https://covid.cdc.gov/covid-data-tracker/#datatracker-home
CDC Global COVID Cases Counter: https://covid.cdc.gov/covid-data-tracker/#global-counts-rates
NSLT Ep. 160, What Lawyers Need to Know about FARA Enforcement with David Laufman: https://www.americanbar.org/groups/law_national_security/nslt/20210204-fara-enforcement/
Risk assessment and strategic planning are essential to any effort to protect and enhance national security. The areas in which such analysis and planning must take place — and the extent to which such planning is necessary — are expanding rapidly, however, raising questions about what preparedness means in the 21st century national security environment.This panel will discuss the legal authorities and the ingredients for good legal advice across a range of crisis areas. In particular, the panel will examine the legal framework for federal, state and local responses — and coordination among federal, state and local authorities for preparedness — and the ingredients for good legal advice before and in crisis situations.
NOTE: The full webinar can be found at https://www.americanbar.org/natsecurity under “National Security CLE Webinars – Recordings”
Speakers:
Paul Rosenzweig is a Resident Senior Fellow for Cybersecurity and Emerging Threats at the R Street Institute: https://www.rstreet.org/team/paul-rosenzweig/
Lisa Morris is the Deputy Attorney General, Civil Division, of the Delaware Department of Justice: https://drive.google.com/file/d/14cMm-gfK6_S-tf-j0ENMMGHGsjh-6bKZ/view?usp=sharing
Susan Ginsburg is the Founder and CEO of Criticality Sciences: https://drive.google.com/file/d/1DTSBkiA66oF87cOmP-53gczMsVGzs5LZ/view?usp=sharing
Bob Kolasky is the Director of the National Risk Management Center at CISA: https://www.cisa.gov/bob-kolasky
References:
Andy Keiser, Securing the Key to the Future: Countering the Threat from State-Backed Chinese Semiconductor Companies, Center for the Study of the Presidency and Congress, October 2020. https://static1.squarespace.com/static/5cb0a1b1d86cc932778ab82b/t/5f9ae206ef715743168a96e2/1603985933848/CSPC+Semiconductor+White+Paper.pdf
Bob Kolasky, A Risk-Based Approach to National Cybersecurity, January 14, 2021 https://www.cisa.gov/blog/2021/01/14/risk-based-approach-national-cybersecurity
Congressional Research Service, Congressional Primer on Responding to and Recovering from Major Disasters and Emergencies, June 3, 2020 https://crsreports.congress.gov/product/pdf/R/R41981
Cyberlaw Podcast, Cybersecurity-A British Perspective, February 2021 https://www.steptoecyberblog.com
Overview of Stafford Act Support to States https://www.fema.gov/pdf/emergency/nrf/nrf-stafford.pdf#:~:text=National%20Response%20Framework:%20Stafford%20Act%20Support%20to%20States,are%20affected%20by%20a%20major%20disaster%20or%20emergency.
State of Delaware, Executive Order Number Twelve (July 2017) https://governor.delaware.gov/wp-content/uploads/sites/24/2017/07/Executive-Order-Number-12.pdf
State of Delaware, Title 20 Chapter 34 https://delcode.delaware.gov/title20/c034/index.html
State of Delaware, Title 29 Chapter 90c https://delcode.delaware.gov/title29/c090c/sc03/index.html
Appendices from the Sourcebook for Public-Private Partnerships for Security and Resilience 2018: Appendix C: https://www.americanbar.org/content/dam/aba/administrative/law_national_security/appendix-c.pdf
Appendix E: https://www.americanbar.org/content/dam/aba/administrative/law_national_security/appendix-e.pdf
The theme for Law Day 2021 is "Advancing the Rule of Law Now." In honor of Law Day, this week's episode showcases highlights from this year's program, Advancing the Rule of Law Now: A Global Perspective. This program explores the rule of law from an international perspective, specifically, the role of the United States within the international rule of law landscape.
The rule of law is the bedrock of American rights and liberties, but the United States also serves, for many, as a beacon of sustained rule of law around the world. How has this changed in recent years? How do rule of law moments in the United States affect other countries? Can the United States still claim a leadership role when it comes to the rule of law? These questions and more will be discussed.
Speakers include:
Patricia Lee Refo, President, American Bar Association: https://www.americanbar.org/groups/leadership/aba_officers/patricia-lee-refo/
Will A. Gunn, National Law Day Chair: https://www2.usafa.org/AOG/Bio_WillGunn
Elizabeth Andersen, World Justice Project: https://worldjusticeproject.org/about-us/who-we-are/staff/elizabeth_andersen
Ashley Quarcoo, Carnegie Endowment for International Peace: https://carnegieendowment.org/experts/1748
Jenny Gesley, Foreign Law Specialist, Law Library of Congress: https://blogs.loc.gov/law/author/jges/
Temuri Yakobashvili, Former Ambassador of Georgia to the United States: https://worldfellows.yale.edu/person/temuri-yakobashvili/
Visit lawday.org for more information and all 2021 Law Day resources.
Please explore these resources concerning the rule of law from the ABA, the Law Library of Congress, and the World Justice Project: https://worldjusticeproject.org/our-work/research-and-data/wjp-rule-law-index-2020
The ABA produced a short video exploring what "rule of law" is. https://www.americanbar.org/groups/public_education/resources/rule-of-law/
In partnership with the ABA Law Student podcast, host Meg Steenburgh sits down with national security expert, Standing Committee on Law and National Security Chair, and Syracuse University professor William Banks, as he sheds light on how current events interact with our nation’s security and the law.
William Banks is a professor at Syracuse Law School and the Chair of the ABA Standing Committee on Law and National Security: http://law.syr.edu/profile/william-banks1
ABA Law Student Podcast: https://abaforlawstudents.com/stay-informed/law-student-podcast/
ABA Law Student Division: https://www.americanbar.org/groups/law_students/
Most security issues in government present leadership challenges and might in the first instance, best be addressed with effective leadership. In the next instance, such issues present process challenges; getting the process right leads to better policy and to better results. Only in the third instance are issues resolved through law, in part because you cannot legislate leadership. National security lawyers play an essential role in all three areas: Leadership, process, and law. COVID-19 has presented new and unparalleled leadership, process, and legal challenges at the federal, state, and local level, for lawyers, as well as public health officials. COVID-19 has also given lawyers renewed opportunity to consider and understand what it means to be a national security lawyer and to swear an oath to uphold and defend the Constitution. Judge James Baker and Amy Jeffress lead a discussion of the role of ethics and leadership in defining the role of today’s national security lawyers.
Amy Jeffress is a partner at Arnold & Porter, and co-chairs the White Collar Defense & Investigations practice: https://www.arnoldporter.com/en/people/j/jeffress-amy
Hon. James E Baker is the Director of the Institute of Security Policy and Law at Syracuse University: http://law.syr.edu/profile/the-hon.-james-e.-baker
References:
James E. Baker, "Leadership in a Time of Pandemic: Act Well the Given Part." Journal of National Security Law and Policy, Volume 11, Issue 1. October 2020. https://jnslp.com/wp-content/uploads/2020/12/Leadership-in-a-Time-of-Pandemic_2.pdf
Voting laws have been capturing headlines, and not just in the context of Georgia but with nearly 20 other states considering similar voter restrictive legislation as well. In 2020, some of the biggest national security issues played out in the context of elections. This week, NSLT welcomes Nate Persily, the James B. McClatchy Professor of Law at Stanford Law School, to discuss the role of federal and state governments in elections, the use of new technology, and the implications these laws have on national security and democracy.
Nate Persily is the James B. McClatchy Professor of Law at Stanford Law School: https://law.stanford.edu/directory/nathaniel-persily/
This episode references:
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One Person, One Vote rule: https://www.law.cornell.edu/wex/one-person_one-vote_rule
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For the People Act of 2021: https://www.congress.gov/bill/117th-congress/house-bill/1/text
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John Lewis Voting Rights Advancement Act: https://www.congress.gov/116/bills/s4263/BILLS-116s4263is.pdf
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Help America Vote Act: https://www.congress.gov/107/plaws/publ252/PLAW-107publ252.pdf
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Honest Ads Act: https://www.congress.gov/115/bills/s1989/BILLS-115s1989is.pdf
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The Law of Democracy: Legal Structure of the Political Process, 5th Edition. Issacharoff, Karlan, Pildes and Persily. 2016: https://www.westacademic.com/Issacharoff-Karlan-Pildes-and-Persilys-The-Law-of-Democracy-9781634608015
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Nathaniel Persily, “Can Democracy Survive the Internet?” (2017). https://journalofdemocracy.org/wp-content/uploads/2017/04/07_28.2_Persily-web.pdf
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Stanford Cyber Policy Center: https://cyber.fsi.stanford.edu
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NSLT Ep. 146, "How does CISA and the intelligence community protect American elections? With Dan Sutherland" https://podcasts.apple.com/us/podcast/national-security-law-today/id1276946676?i=1000494060109
The National Security Commission on Artificial Intelligence has said, “the development of AI will shape the future of power.” AI is coming and coming hard. The meaningful application of law and ethics will help determine whether we maximize the opportunities and minimize and mitigate the risks. Law and ethics will, or could and should, distinguish democratic and American AI from authoritarian applications of AI. Law and ethics will bind like-minded alliances in the AI field and it will help to build and sustain public trust and support for appropriate AI applications. The converse is also likely. If, for example, the public does not trust the government’s use of AI because of certain facial recognition applications, it may not trust the government with using AI to facilitate contact tracing amidst a pandemic. This session will consider the ethical use of AI in national security decision-making including: (1) The use of predictive algorithms; (2) Potential AI decision-making redlines and permits; and (3) What is it national security lawyers should know and should ask about AI before it is used to inform and execute national security decisions.
Corin Stone is a Scholar-in-Residence at American University's Washington College of Law: https://www.wcl.american.edu/community/faculty/profile/cstone/bio
Hon. James E. Baker is the Director of the Institute of Security Policy and Law at Syracuse University: http://law.syr.edu/profile/the-hon.-james-e.-baker
References:
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James E. Baker, The Centaur's Dilemma: National Security Law for the Coming AI Revolution. Brookings Institution Press, 2020. Introduction: https://www.americanbar.org/content/dam/aba/administrative/law_national_security/centaurs-dilemma-introduction.pdf Chapter 10: https://www.americanbar.org/content/dam/aba/administrative/law_national_security/centaurs-dilemma-chapter-10.pdf
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Department of National Intelligence, "Artificial Intelligence Ethics Framework for the Intelligence Community." June, 2020. https://www.dni.gov/files/ODNI/documents/AI_Ethics_Framework_for_the_Intelligence_Community_10.pdf
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Ashley Deeks, “Predicting Enemies,” 104 Virginia Law Review 1529 (2018). https://www.virginialawreview.org/wp-content/uploads/2018/12/104VaLRev-2.pdf
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Department of Defense Ethical Principles for Artificial Intelligence: https://www.defense.gov/Newsroom/Releases/Release/Article/2091996/dod-adopts-ethical-principles-for-artificial-intelligence/
-ABA Model Rules of Professional Conduct and Comments: https://www.americanbar.org/content/dam/aba/administrative/law_national_security/model-rules-ai-webinar.pdf
- "Principled Artificial Intelligence – Mapping Consensus in Ethical and Rights-Based Approaches to Principles for AI." Berkman Klein Center for Internet & Society at Harvard University. Jan. 2020: https://cyber.harvard.edu/publication/2020/principled-ai
The Georgetown Journal of National Security Law & Policy (JNSLP) hosted it's 2021 annual symposium this week, featuring a keynote discussion with Jim Steinberg, former U.S. Deputy Secretary of State. For this week's episode, Jim Steinberg, along with James Feinerman, Professor of Law at Georgetown University, sit down to discuss U.S.-China relations, managing differences, and the ongoing power struggle between both nations. The interview taps Jim Steinberg’s wealth of experience with China to address the biggest challenges facing the Biden Administration and his recommendations for the way ahead. Professor William Banks, Chair of the ABA Standing Committee on Law and National Security and Editor-in-Chief of the JNSLP provides opening remarks.
Jim Steinberg is University Professor of Social Science, International Affairs and Law at Syracuse University: https://www.maxwell.syr.edu/Steinberg,_James_B_/
James Feinerman is the James and Catherine Denny Chair in Democratic Capitalism, James M. Morita Professor of Asian Legal Studies, and Co-Director of Georgetown Law Asia at Georgetown University Law Center: https://www.law.georgetown.edu/faculty/james-v-feinerman/
Journal of National Security Law & Policy: https://jnslp.com/
In partnership with CSIS's Strategic Dialogue on Civic Education as a National Security Imperative, this week's episode features an expert panel of national security lawyers sharing perspectives on why civic education is a national security issue. Why is it important for the American public to understand the role of national security institutions and the rule of law in our democracy? And how does civic education play a role in rebuilding that trust, maximizing security, and strengthening our democracy?
This panel is hosted by Elizabeth Rindskopf Parker, former General Counsel of the NSA and CIA, with introductions by Suzanne Spaulding, Senior Advisor at CSIS. The panel features perspectives from the Honorable James E. Baker, Director of the Institute for Security Policy and Law at Syracuse University, Jennifer O'Connor, VP and Deputy General Counsel at Northrop Grumman, Tia Johnson, Visiting Professor at Georgetown Law, and Steve Bunnell, Chief Legal Officer at the Diem Association.
To view the original event in the entirety: https://www.csis.org/events/conversation-fbi-director-wray-and-national-security-lawyers-civic-education-national
This episode references:
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The Civics Secures Democracy Act of 2021: https://delauro.house.gov/sites/delauro.house.gov/files/documents/Civics%20Secures%20Democracy%20Act.pdf
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Inspired to Serve, The Final Report of the National Commission on Military, National, and Public Service. March 2020: https://inspire2serve.gov/reports/final-report
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The Business Case for Civics Education. Harvard Business Review, sponsored by the U.S. Chamber of Commerce Foundation. Nov. 7 2019. https://www.uschamberfoundation.org/reports/business-case-civics-education
This week hosts Elisa and Yvette cover the latest topics, from QAnon security clearances and presidential pardons, to FOIA, dealings with China, and Microsoft zero-days.
This episode references:
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Security Clearance Improvement Act of 2021: https://www.congress.gov/bill/117th-congress/house-bill/353/text?r=17&s=1
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Section 230, Communication Decency Act: www.law.cornell.edu/uscode/text/47/230
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The Freedom of Information Act (FOIA): https://www.justice.gov/sites/default/files/oip/legacy/2014/07/23/amended-foia-redlined.pdf
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Justice Amy Coney Barrett Opinion Article: https://www.supremecourt.gov/opinions/20pdf/19-547_08m1.pdf
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Jim Lewis, Toward a More Coercive Cyber Strategy. CSIS. Mar. 4, 2021. https://www.csis.org/analysis/toward-more-coercive-cyber-strategy
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National Security Law Today Episode 155, "The fight over funding next year's national security budget with Andrew Borene and Adam Pearlman" https://podcasts.apple.com/us/podcast/national-security-law-today/id1276946676?i=1000502753242
We are entering into the next epoch of U.S. foreign policy. In this week's episode, host Harvey Rishikoff and guest Dr. John Hamre discuss a handful of critical issues - from industrial competition with China, to the growing polarization of America - and the role national security law will play in this next policy chapter.
Dr. John Hamre is president and CEO of the Center for Strategic and International Studies (CSIS). He notably served as US deputy secretary of defense from 1997 to 1999 and undersecretary of defense from 1993 to 1997. Before his tenure at the Department of Defense, Hamre was professional staff member to the Senate Armed Services Committee and deputy assistant director at the Congressional Budget Office.
This episode references:
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Sherman Antitrust Act: https://fraser.stlouisfed.org/title/antitrust-laws-amendments-1890-1956-1136/sherman-antitrust-act-1513
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The Safe Tech Act: https://www.warner.senate.gov/public/_cache/files/4/f/4fa9c9ba-2b34-4854-8c19-59a0a9676a31/66DECFBC0D6E6958C2520C3A6A69EAF6.safe-tech-act---final.pdf
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Section 230, Communication Decency Act: https://www.law.cornell.edu/uscode/text/47/230
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"Intelligence Analysts Use U.S. Smartphone Location Data Without Warrants, Memo Says." New York Times, Jan. 22, 2021. https://www.nytimes.com/2021/01/22/us/politics/dia-surveillance-data.html?smid=em-share
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"Biden Voting Counties Equal 70% of America's Economy. What Does This Mean for the Nation's Political-Economic Divide?" The Brookings Institution, Nov. 10, 2020: https://www.brookings.edu/blog/the-avenue/2020/11/09/biden-voting-counties-equal-70-of-americas-economy-what-does-this-mean-for-the-nations-political-economic-divide/
Online disinformation affects our national well being. It’s corrosive effect on democracy leads to greater mistrust and skepticism of our institutions. In this week’s episode, host Harvey Rishikof and guest Glenn Gerstell discuss the magnitude of the problem, its long term effects, and what lawyers should be thinking about in an effort to mitigate the problem.
Glenn Gerstell is a senior advisor with CSIS’s International Security Program, and formerly served as the general counsel of the NSA.
This episode references:
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Section 230, Communications Decency Act: https://www.law.cornell.edu/uscode/text/47/230
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Truth Decay: An Initial Exploration of the Diminishing Role of Facts and Analysis in American Public Life: https://www.rand.org/pubs/research_reports/RR2314.html
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Glenn Gerstell, "I Work for N.S.A We Cannot Afford to Lose the Digital Revolution." New York Times, Sep. 10, 2019. https://www.nytimes.com/2019/09/10/opinion/nsa-privacy.html
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Glenn Gerstell, "The National-Security Case for Fixing Social Media." New Yorker, Nov. 13, 2020. https://www.newyorker.com/tech/annals-of-technology/the-national-security-case-for-fixing-social-media
A recent cyber attack involving SolarWinds software and multiple government agencies is at the center of the current cyber policy debate. This attack, now publicly attributed to Russia, was highly targeted and stayed undetected for months. What does this attack say about America’s readiness to defend against malicious cyber actors? Is this our wake up call?
Sean Joyce is Global and US Leader for PwC’s Cybersecurity, Privacy, and Forensics Practice. Previously, Sean was the Chief Trust Officer at Airbnb, and most notably served as the Deputy Director of the FBI, supporting both Bob Mueller and Jim Comey.
This episode references:
California Consumer Privacy Act (CCPA) https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?division=3.∂=4.&lawCode=CIV&title=1.81.5
European Union General Data Protection Regulation (GDPR) https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32016R0679
Child Online Protection Act https://www.congress.gov/bill/105th-congress/house-bill/3783/text
National Security Law Today Episode: Six Pillars of Cyber Deterrence with Suzanne Spaulding https://podcasts.apple.com/us/podcast/six-pillars-of-cyber-deterrence-with-suzanne-spaulding/id1276946676?i=1000468912637
National Security Law Today Podcast Episode: Protecting Democratic Institutions Pt.1 with Suzanne Spaulding and Elizabeth Rindksoph Parker https://podcasts.apple.com/us/podcast/protecting-democratic-institutions-part-1-suzanne-spaulding/id1276946676?i=1000416176303
Communications Decency Act, Section 230 https://www.law.cornell.edu/uscode/text/47/230
Foreign Agents Registration Act https://www.justice.gov/nsd-fara
Comparison Chart: CCPA and GDPR https://www.bakerlaw.com/webfiles/Privacy/2018/Articles/CCPA-GDPR-Chart.pdf
The Justice Department’s enforcement of the Foreign Agents Registration Act is the most aggressive in decades. Enacted in 1938, FARA “requires certain agents of foreign principals who are engaged in political activities or other activities specified under the statute to make periodic public disclosure of their relationship with the foreign principal, as well as activities, receipts and disbursements in support of those activities.”
With greater enforcement, lawyers and their clients need to know today how this law applies to them. What are lawyers' responsibilities and obligations under FARA? What are the best practices to comply with the law?
David Laufman, partner at Wiggin & Dana LLP and former Chief of Counterintelligence & Export Control in the DOJ National Security Division (responsible for FARA enforcement) explains FARA for lawyers and law firms in this program.
This episode references:
Kleptopia: How Dirty Money is Conquering the World https://www.harpercollins.com/products/kleptopia-tom-burgis?variant=32121952829474
National Security Law Today “Politics of Putin: Why he's attacking NATO, the EU, and America's free and fair elections” September 3, 2020 https://www.americanbar.org/groups/law_national_security/nslt/20200903-politics-of-putin-1/
Foreign Corrupt Practices Act Overview https://www.justice.gov/criminal-fraud/foreign-corrupt-practices-act
28 U.S.C. § 1350 (Alien Tort Statute) https://www.law.cornell.edu/uscode/text/28/1350
2021 National Defense Authorization Act https://www.govtrack.us/congress/bills/116/hr6395/text
Beneficial Ownership in the NDAA https://wp.nyu.edu/compliance_enforcement/2020/12/14/congress-to-include-significant-expansion-of-beneficial-ownership-disclosure-requirements-for-u-s-companies-and-non-u-s-companies-registered-to-do-business-in-the-united-states-as-a-part-of-the-2021/
“IRS: Sorry, but It’s Just Easier and Cheaper to Audit the Poor” ProPublica, October 2, 2019 https://www.propublica.org/article/irs-sorry-but-its-just-easier-and-cheaper-to-audit-the-poor
Tom Burgis is an is an investigations correspondent at the Financial Times and an author https://www.harpercollins.com/blogs/authors/tom-burgis
This episode references:
Kleptopia: How Dirty Money is Conquering the World https://www.harpercollins.com/products/kleptopia-tom-burgis?variant=32121952829474
Suspicious Activity Reports (SAR) https://www.occ.treas.gov/topics/supervision-and-examination/bank-operations/financial-crime/suspicious-activity-reports/index-suspicious-activity-reports.html
FINCen Geographic Targeting Order (GTO), Reissued November 4, 2020 https://www.fincen.gov/sites/default/files/shared/508_Real%20Estate%20GTO%20Order%20FINAL%20GENERIC%2011.4.2020.pdf
“Tower of Secrets: The Russian Money Behind a Donald Trump Skyscraper” Financial Times, July 11, 2018 https://www.ft.com/trumptoronto
2021 National Defense Authorization Act https://www.govtrack.us/congress/bills/116/hr6395/text
Tom Burgis is an is an investigations correspondent at the Financial Times and an author https://www.harpercollins.com/blogs/authors/tom-burgis
Following the riot at the U.S. Capitol on January 6th, we spoke with longtime national security professors and practitioners William Banks, Mary DeRosa and Harvey Rishikof about the many different security threats and legal implications of last week's events.
This episode references: National Security: Emerging Critical Issues CLE Webinar Series https://cvent.me/BNXmX5
The 25th Amendment https://www.law.cornell.edu/constitution/amendmentxxv
Articles of Impeachment introduced in the House https://cicilline.house.gov/sites/cicilline.house.gov/files/documents/ARTICLES%20-%20Final%201030%20-%20011121.pdf
Mayor Bowser’s Letter to U.S. Department of Homeland Security Acting Secretary Chad Wolf Regarding Inauguration Preparations https://mayor.dc.gov/release/mayor-bowser%E2%80%99s-letter-us-department-homeland-security-acting-secretary-chad-wolf-regarding
18 USC § 2384, Seditious conspiracy https://www.law.cornell.edu/uscode/text/18/2384
18 USC § 2381, Treason https://www.law.cornell.edu/uscode/text/18/2381
18 USC § 2383, Rebellion or insurrection https://www.law.cornell.edu/uscode/text/18/2383
52 USC § 20511 https://www.law.cornell.edu/uscode/text/52/20511
40 USC § 5104, Unlawful activities [in the United States Capitol Buildings and Grounds] https://www.law.cornell.edu/uscode/text/40/5104
"If Trump pardons himself now, he’ll be walking into a trap" Asha Rangappa, Washington Post, January 8, 2021 https://www.washingtonpost.com/outlook/trump-raffensperger-pardon-prosecute/2021/01/06/a32388fe-4f9d-11eb-bda4-615aaefd0555_story.html
FBI Statement Before the House Oversight and Reform Committee. "Confronting White Supremacy" June 4, 2019 https://www.fbi.gov/news/testimony/confronting-white-supremacy
"Hate Crimes in U.S. Rose to Highest Level in More Than a Decade in 2019" New York Times, November 16, 2020 https://www.nytimes.com/2020/11/16/us/hate-crime-rate.html
"Pelosi asks Joint Chiefs about preventing Trump from launching nukes" Politico, January 8, 2021 https://www.politico.com/news/2021/01/08/pelosi-trump-take-away-nuclear-codes-456529
"Amazon Will Suspend Hosting For Pro-Trump Social Network Parler" Buzzfeed News, January 9, 2021 https://www.buzzfeednews.com/article/johnpaczkowski/amazon-parler-aws
"From ‘beautiful’ to ‘disgraceful’: World reacts to Capitol riots" Atlanta Journal-Constitution, January 7, 2021 https://www.ajc.com/news/nation-world/from-beautiful-to-disgraceful-world-reacts-to-capitol-protests/JONZQYHFKZFQ5GKOUP4QHOK2XE/
"Kim Jong Un Calls U.S. North Korea's 'Biggest Enemy,' Vows To Advance Nuclear Arsenal" NPR, January 9, 2021 https://www.npr.org/2021/01/09/955192283/kim-jong-un-calls-u-s-north-koreas-biggest-enemy-vows-to-advance-nuclear-arsenal
Past NSLT podcasts on Impeachment https://www.americanbar.org/groups/law_national_security/nslt/20191219-impeachment-national-security-and-the-law/
The Mueller Report https://www.americanbar.org/groups/law_national_security/nslt/20190502-what-have-we-learned-from-the-mueller-report-part1/
Pardons https://www.americanbar.org/groups/law_national_security/nslt/20201203-pardons-clemency1/
Domestic Terrorism https://www.americanbar.org/groups/law_national_security/nslt/20210107-domestic-terrorism/
The Insurrection Act https://www.americanbar.org/groups/law_national_security/nslt/20200605-insurrection-act/
William Banks is a professor at Syracuse Law School and the Chair of the ABA Standing Committee on Law and National Security http://law.syr.edu/profile/william-banks1
Mary DeRosa is a professor at Georgetown University Law Center and the Chair of the Advisory Committee https://www.law.georgetown.edu/faculty/mary-b-derosa/
Harvey Rishikof is the Director of Policy and Cyber Security Research at the University of Maryland ARLIS and the Senior Counselor to the Committee https://www.aspeninstitute.org/our-people/harvey-rishikof/
Seth Jones is a Senior Adviser at CSIS and terrorism researcher discusses the growing terror threat from domestic political extremists - a threat that played out in the assault of the US Capitol on January 6, 2021
This episode references:
The ABA President's Statement on the violence at the Capitol https://www.americanbar.org/news/abanews/aba-news-archives/2021/01/statement-of-aba-president-patricia-lee-refo-re--violence-at-the/
"Pro-Trump mob storms US Capitol in bid to overturn election" AP, January 7, 2021 https://apnews.com/article/election-2020-joe-biden-donald-trump-elections-electoral-college-78104aea082995bbd7412a6e6cd13818
Senate Hearing "Does Section 230’s Sweeping Immunity Enable Big Tech Bad Behavior?" October 28, 2020 https://www.commerce.senate.gov/2020/10/does-section-230-s-sweeping-immunity-enable-big-tech-bad-behavior
Seth Jones "The War Comes Home: The Evolution of Domestic Terrorism in the United States" October 22, 2020 https://www.csis.org/analysis/war-comes-home-evolution-domestic-terrorism-united-states
Hunting in the Shadows The Pursuit of Al Qa'ida Since 9/11 https://wwnorton.com/books/9780393081459
In the Graveyard of Empires: America's War in Afghanistan https://www.amazon.com/Graveyard-Empires-Americas-War-Afghanistan/dp/0393338517
A Covert Action: Reagan, the CIA, and the Cold War Struggle in Poland https://www.amazon.com/Covert-Action-Reagan-Struggle-Poland/dp/0393247007
How Terrorist Groups End: Lessons for Countering al Qa'ida https://www.rand.org/pubs/monographs/MG741-1.html
Seth Jones is the Director of the Transnational Threats Project and a Senior Adviser in the International Security Program at the Center for Strategic and International Studied (CSIS) https://www.csis.org/people/seth-g-jones
This week we discuss the must-pass National Defense Authorization Act which funds much of the defense and national security operations in the US and would add some interesting new cybersecurity protections. This year's bill is unusually controversial, with fights about social media regulations threatening the smooth passage of the legislation.
This episode references: The 2021 National Defense Authorization Act https://www.govinfo.gov/content/pkg/BILLS-116hr6395enr/pdf/BILLS-116hr6395enr.pdf
"Trump says he will veto $740 billion defense bill, breaking with Republican-led Senate" CNBC, December 17, 2020 https://www.cnbc.com/2020/12/17/trump-says-he-will-veto-defense-bill.html
Cyberspace Solarium Commission https://www.solarium.gov/
"Six Pillars of Cyber Deterrence with Suzanne Spaulding," NSLT Podcast, March 19, 2020 https://www.americanbar.org/groups/law_national_security/nslt/20200319-six-pillars-of-cyber-deterrence/
"Senate approves defense bill establishing cyber czar position, subpoena power for cyber agency" The Hill, December 11, 2020 https://thehill.com/policy/cybersecurity/529888-senate-approves-defense-bill-establishing-cyber-czar-position-subpoena
FireEye Hack Explainer https://www.fireeye.com/blog/threat-research/2020/12/evasive-attacker-leverages-solarwinds-supply-chain-compromises-with-sunburst-backdoor.html
"How suspected Russian hackers outed their massive cyberattack" Politico, December 16, 2020 https://www.politico.com/news/2020/12/16/russian-hackers-fireeye-cyberattack-447226
"How does CISA and the intelligence community protect American elections? With Dan Sutherland" NSLT Podcast, October 8, 2020 https://www.americanbar.org/groups/law_national_security/nslt/20201008-cisa-elections-voting-security/
"Public Service and National Security with Avril Haines and Paul Lekas" NSLT Podcast, April 16, 2020 https://www.americanbar.org/groups/law_national_security/nslt/20200416-public-service-and-national-security/
Section 230 of the Communications Decency Act https://www.law.cornell.edu/uscode/text/47/230
Andrew Borene is Managing Director for the US Public Sector at Cybereason https://www.american.edu/spa/faculty/borene.cfm
Adam Pearlman is the Founder and Managing Director of Lexpat Global Services https://www.lexpatglobal.com/staff_trusted/adam-pearlman/
Sometimes presidents have pardoned famous or controversial figures, stirring up news stories and even Congressional hearings. And we ask the biggest pardon question of them all: can the president pardon himself?
This episode references:U.S. Constitution, Art. II, Sec. 2https://constitution.congress.gov/browse/article-2/section-2/ Congressional Report, Justice Undone: Clemency Decisions in the Clinton White House, May 14, 2002. [In Three Parts] https://www.govinfo.gov/content/pkg/CRPT-107hrpt454/pdf/CRPT-107hrpt454-vol1.pdf https://www.govinfo.gov/content/pkg/CRPT-107hrpt454/pdf/CRPT-107hrpt454-vol2.pdf https://www.govinfo.gov/content/pkg/CRPT-107hrpt454/pdf/CRPT-107hrpt454-vol3.pdf
Congressional Hearing, Use and Misuse of Presidential Clemency Power for Executive Branch Officials, July 11, 2007https://fas.org/irp/congress/2007_hr/clemency.pdf
28 CFR § 1.1 - 1.11https://www.law.cornell.edu/cfr/text/28/part-1 Presidential or Legislative Pardon of the President (August 5, 1974) https://www.justice.gov/olc/opinion/presidential-or-legislative-pardon-president
Helen Bollwerk worked as an attorney in the Justice Department Office of the Pardon Attorney
Longtime former pardon attorney Helen Bollwerk explains that while the pardon power is solely at the discretion of the president, there are also lots of procedural regulations and judicial precedents that influence who gets pardoned.
This episode references: U.S. Constitution, Art. II, Sec. 2 https://constitution.congress.gov/browse/article-2/section-2/
28 CFR § 1.1 - 1.11 https://www.law.cornell.edu/cfr/text/28/part-1
Ex parte Wells, 59 U.S. (18 How.) 307 (1855) https://supreme.justia.com/cases/federal/us/59/307/
Ex parte Garland, 71 U.S. (4 Wall.) 333 (1866) https://supreme.justia.com/cases/federal/us/71/333/
Carlesi v. New York, 233 U.S. 51 (1914) https://supreme.justia.com/cases/federal/us/233/51/
Burdick v. United States, 236 U.S. 79 (1915) https://supreme.justia.com/cases/federal/us/236/79/
Ex parte Grossman, 267 U.S. 87 (1925) https://supreme.justia.com/cases/federal/us/267/87/
Hoffa v. Saxbe, 378 F. Supp. 1221 (D.D.C. 1974) https://law.justia.com/cases/federal/district-courts/FSupp/378/1221/2124607/
Schick v. Reed, 419 U.S. 256 (1974) https://www.oyez.org/cases/1974/73-5677
United States v. Noonan, 906 F.2d 952 (3d Cir. 1990) https://casetext.com/case/us-v-noonan
Office of the Pardon Attorney in the Department of Justice https://www.justice.gov/pardon
Helen Bollwerk worked as an attorney in the Justice Department Office of the Pardon Attorney.
The podcast hosts discuss the ongoing troubles with the presidential transition, and why that's a security risk, along with the shakeups at the highest levels of CISA.
This episode references: 9/11 Commission Report [PDF] https://govinfo.library.unt.edu/911/report/911Report.pdf
The Presidential Transition Act of 1963 [PDF]https://www.govinfo.gov/content/pkg/STATUTE-78/pdf/STATUTE-78-Pg153.pdf CRS Report "Presidential Transitions: Issues Involving Outgoing and Incoming Administrations" May 17, 2017https://fas.org/sgp/crs/misc/RL34722.pdf
Joint Statement from Elections Infrastructure Government Coordinating Council & the Election Infrastructure Sector Coordinating Executive Committees, November 12, 2020https://www.cisa.gov/news/2020/11/12/joint-statement-elections-infrastructure-government-coordinating-council-election
The hosts of National Security Law Today look at major headlines form the past week around the election, the pandemic, and the firing of the Secretary of Defense.
This episode references:
"Politics of Putin: Why he's attacking NATO, the EU, and America's free and fair elections" National Security Law Today, September 3, 2020 https://www.americanbar.org/groups/law_national_security/nslt/20200903-politics-of-putin-1/
"Trump adviser Scott Atlas apologizes for appearing on RT" Axios, November 1, 2020 https://www.axios.com/scott-atlas-rt-russia-today-48f2dcae-8660-438e-90af-407b90e4b490.html
The Presidential Transition Act of 1963 [PDF] https://www.govinfo.gov/content/pkg/STATUTE-78/pdf/STATUTE-78-Pg153.pdf
"Voting Part 1: The risks and remedies for fair elections with Ned Foley" National Security Law Today, October 22, 2020 https://www.americanbar.org/groups/law_national_security/nslt/20201022-election-law-voting-foley-1/
Senate Hearing "Does Section 230’s Sweeping Immunity Enable Big Tech Bad Behavior?" October 28, 2020 https://www.commerce.senate.gov/2020/10/does-section-230-s-sweeping-immunity-enable-big-tech-bad-behavior
"Nonproliferation: Infectious Diseases and International Treaties with Bonnie Jenkins" National Security Law Today, August 6, 2020 https://www.americanbar.org/groups/law_national_security/nslt/20200806-nonproliferation-pandemic-open-skies/
"Today's terror threats come from domestic extremists with Seth Jones" National Security Law Today, November 5, 2020 https://www.americanbar.org/groups/law_national_security/nslt/20201105-domestic-terrorism/
Classified Information Procedures Act https://uscode.house.gov/view.xhtml?path=/prelim@title18/title18a/node16&edition=prelim
DOJ Synopsis of CISA https://www.justice.gov/archives/jm/criminal-resource-manual-2054-synopsis-classified-information-procedures-act-cipa
"Inspectors General: Oversight, Authority, and Removal with Joel Brenner" National Security Law Today, May 14, 2020 https://www.americanbar.org/groups/law_national_security/nslt/20200514-inspectors-general-oversight-removal/
"The Insurrection Act Today with William Banks and Harvey Rishikof" National Security Law Today, June 19, 2020 https://www.americanbar.org/groups/law_national_security/nslt/20200605-insurrection-act/
Seth Jones discusses the changing landscape of terrorism over the past decades and why it is domestic extremists not international terror cells that are now the greatest threat to our national security.
This episode references:
Senate Hearing "Does Section 230’s Sweeping Immunity Enable Big Tech Bad Behavior?" October 28, 2020 https://www.commerce.senate.gov/2020/10/does-section-230-s-sweeping-immunity-enable-big-tech-bad-behavior
Seth Jones "The War Comes Home: The Evolution of Domestic Terrorism in the United States" October 22, 2020 https://www.csis.org/analysis/war-comes-home-evolution-domestic-terrorism-united-states
Hunting in the Shadows The Pursuit of Al Qa'ida Since 9/11 https://wwnorton.com/books/9780393081459
In the Graveyard of Empires: America's War in Afghanistan https://www.amazon.com/Graveyard-Empires-Americas-War-Afghanistan/dp/0393338517
A Covert Action: Reagan, the CIA, and the Cold War Struggle in Poland https://www.amazon.com/Covert-Action-Reagan-Struggle-Poland/dp/0393247007
How Terrorist Groups End: Lessons for Countering al Qa'ida https://www.rand.org/pubs/monographs/MG741-1.html
Seth Jones is the Director of the Transnational Threats Project and a Senior Adviser in the International Security Program at the Center for Strategic and International Studies(CSIS) https://www.csis.org/people/seth-g-jones
Professor Ned Foley of the Moritz College of Law at Ohio State University returns to talk about the milestone election case Bush v Gore and what a successful election looks like in America.
This episode references: Edward Foley, "How to Know if the Election Is Actually ‘Rigged’ " Politico, September 13, 2020 https://www.politico.com/news/magazine/2020/09/13/how-to-know-if-the-election-is-actually-rigged-412557
Presidential Elections and Majority Rule: The Rise, Demise, and Potential Restoration of the Jeffersonian Electoral College. Edward Foley, 2020 https://global.oup.com/academic/product/presidential-elections-and-majority-rule-9780190060152?cc=us⟨=en&
Ballot Battles: The History of Disputed Elections in the United States. Edward Foley, 2016 https://global.oup.com/academic/product/ballot-battles-9780190235277?cc=us⟨=en&
Bush v. Gore 531 US 98 (2000) https://www.oyez.org/cases/2000/00-949
Full Case Opinion (PDF) https://supreme.justia.com/cases/federal/us/531/98/case.pdf
Debra Cassens Weiss "Dec. 8 'safe harbor' deadline is a critical date in nightmare election scenarios" ABA Journal, September 25, 2020 https://www.abajournal.com/news/article/dec.-8-safe-harbor-deadline-is-a-critical-date-in-nightmare-election-scenarios
Professor Edward Foley is the Ebersold Chair in Constitutional Law at The Ohio State University and director of the school's election law program https://moritzlaw.osu.edu/faculty/edward-b-foley/
Professor Edward "Ned" Foley discusses how Americans elect our federal officers and how the law and the courts have ruled on voting; from naming electors to deciding Bush v Gore in 2000.
Edward Foley "Think the Constitution protects your right to vote? That’s not really true — but it should." Washington Post, October 19, 2020 https://www.washingtonpost.com/opinions/2020/10/19/does-the-constitution-protect-your-right-to-vote/
Presidential Elections and Majority Rule: The Rise, Demise, and Potential Restoration of the Jeffersonian Electoral College. Edward Foley, 2020 https://global.oup.com/academic/product/presidential-elections-and-majority-rule-9780190060152?cc=us⟨=en&
Ballot Battles: The History of Disputed Elections in the United States. Edward Foley, 2016 https://global.oup.com/academic/product/ballot-battles-9780190235277?cc=us⟨=en&
Bush v. Gore 531 US 98 (2000) https://www.oyez.org/cases/2000/00-949
Chiafalo v. Washington 591 US _ (2020) https://www.oyez.org/cases/2019/19-465
Republican Party of Pennsylvania v. Boockvar https://www.scotusblog.com/case-files/cases/republican-party-of-pennsylvania-v-boockvar/
Edward Foley "The Supreme Court ruling on ballot deadlines may be more of a reprieve for Democrats than a win." Washington Post, October 20, 2020 https://www.washingtonpost.com/opinions/2020/10/20/supreme-court-ruling-ballot-deadlines-may-be-more-reprieve-democrats-than-win/
Professor Edward Foley is the Ebersold Chair in Constitutional Law at The Ohio State University and director of the school's election law program https://moritzlaw.osu.edu/faculty/edward-b-foley/
ABA President Patricia "Trish" Refo discusses how the ABA supports elections and voting and how it advises on judicial nominations, and talks about her career in litigation.
This episode references Federal Rules of Evidence https://www.rulesofevidence.org/
Daubert Standard from Daubert v. Merrell Dow Pharmaceuticals Inc., 509 U.S. 579 (1993) https://supreme.justia.com/cases/federal/us/509/579/
An army of Ruth Bader Ginsburg's former law clerks gathered to meet her casket at the Supreme Court, CBS News, September 23, 2020 https://www.cbsnews.com/news/ruth-bader-ginsburg-law-clerks-meet-casket-supreme-court-lie-in-repose/
Poll Worker Esq. (Also found at ambar.org/vote) https://www.americanbar.org/groups/public_interest/election_law/poll-worker-esq/
CanIvote.org https://www.nass.org/can-I-vote
ABA Presidents on the 19th Amendment https://www.americanbar.org/groups/public_education/programs/19th-amendment-centennial/
ABA Cybersecurity Task Force Resources https://www.americanbar.org/groups/cybersecurity/resources/aba-cyber-resources/
Patricia "Trish" Refo is the President of the American Bar Association https://www.americanbar.org/groups/leadership/aba_officers/patricia-lee-refo/
Dan Sutherland, Chief Counsel of the Cyber Infrastructure Security Agency discusses the challenges of supporting election security across the US and just what steps the government takes to safeguard the vote.
This episode references: CISA Resources for Lawyers https://www.cisa.gov/resources-lawyers
CISA Cyber Summit https://www.cisa.gov/live
CISA Election Security Page https://www.cisa.gov/protect2020
CISA Election Security Resource Library https://www.cisa.gov/election-security-library
Stanford-MIT Healthy Elections Project https://healthyelections.org/
Senate Select Committee on Intelligence Report on Russian Active Measures Campaigns and Interference in the 2016 U.S. Election (Volumes 1-5) https://www.intelligence.senate.gov/publications/report-select-committee-intelligence-united-states-senate-russian-active-measures
Elections Infrastructure Information Sharing and Analysis Center (EI-ISAC) https://www.cisecurity.org/ei-isac/
National Association of Secretaries of State #TrustedInfo2020 https://www.nass.org/initiatives/trustedinfo-2020
CISA Election Disinformation Toolkit [PDF] https://www.cisa.gov/sites/default/files/publications/election-disinformation-toolkit_508.pdf
Help America Vote Act of 2002 https://www.eac.gov/sites/default/files/eac_assets/1/6/HAVA41.PDF
Help America Vote Act Appropriations https://www.eac.gov/payments-and-grants/election-security-funds
Election Grants under the 2020 CARES Act https://www.eac.gov/payments-and-grants/2020-cares-act-grants
NASS Issue Briefing on State Spending of Election Security Grant Funds [PDF] https://www.nass.org/sites/default/files/Election%20Cybersecurity/issue-brief-HAVA-spending-april-2020_.pdf
Center for Tech and Civic Life https://www.techandciviclife.org/
Poll Worker, Esq. https://www.americanbar.org/groups/public_interest/election_law/poll-worker-esq/
Safeguarding Your Vote: A Joint Message on Election Security [Video] https://youtu.be/GhQjRtVi9pQ
Committee on House Administration Election Security Update: Top 18 Most Vulnerable States, July 2018 https://cha.house.gov/sites/democrats.cha.house.gov/files/Election_Security_Update_v5.pdf
Dan Sutherland is the Chief Counsel for the Cyber and Infrastructure Security Agency (CISA) https://www.americanbar.org/content/dam/aba/administrative/law_national_security/dsutherlandbio-20.pdf
In this episode John Barry, author of the bestselling book The Great Influenza discusses the historical and policy lessons of the 1918 flu and what they mean for 2020.
This episode references The Great Influenza: The Story of the Deadliest Pandemic in History https://www.amazon.com/Great-Influenza-Deadliest-Pandemic-History/dp/0143036491
The Espionage Act of 1917 https://iowaculture.gov/sites/default/files/history-education-pss-wwi-espionageact-transcription.pdf
The Sedition Act of 1918 https://wwi.lib.byu.edu/index.php/The_U.S._Sedition_Act
The Committee on Public Information https://www.mtsu.edu/first-amendment/article/1179/committee-on-public-information
Operation Warp Speed https://www.defense.gov/Explore/Spotlight/Coronavirus/Operation-Warp-Speed/
National Strategy for Pandemic Influenza: Implementation Plan, May 2006 https://georgewbush-whitehouse.archives.gov/homeland/pandemic-influenza-implementation.html
Rising Tide: The Great Mississippi Flood of 1927 https://www.amazon.com/Rising-Tide-Mississippi-Changed-America/dp/0684840022
John Barry is a prize-winning and bestselling author whose book on the 1918 pandemic influenza won the National Academies of Sciences award for the year's outstanding book on science or medicine. http://www.johnmbarry.com/events.htm
Cynthia Ryan, the former general counsel of the NGA - the intelligence community's space surveillance and imaging agency - talks about her career path and what the biggest growth areas are in national security law.
This episode references: National Space Council https://www.space.commerce.gov/category/national-space-council/
Law and Military Ops in Space with Jack Beard and Dale Stephens https://www.americanbar.org/groups/law_national_security/nslt/20200430-woomera-manual-space-law/
NASA Publishes Artemis Plan to Land First Woman, Next Man on Moon in 2024 https://www.nasa.gov/press-release/nasa-publishes-artemis-plan-to-land-first-woman-next-man-on-moon-in-2024/
The Confidence Code https://theconfidencecode.com/
Lean In https://leanin.org/book
Cynthia Ryan is the former General Counsel of the National Geospatial-Intelligence Agency and the immediate past chair of the ABA Standing Committee on Law and National Security https://www.americanbar.org/content/dam/aba/administrative/law_national_security/crryan-bio-20.pdf
Elizabeth Rindskopf Parker discusses her career as general counsel to the CIA and the NSA, and talks about how her work in the intelligence community led her to become a champion for civic education.
This episode references: Women in American Cryptography https://www.nsa.gov/about/cryptologic-heritage/historical-figures-publications/women/
CIA spycatcher Jeanne Vertefeuille https://www.cia.gov/news-information/featured-story-archive/2016-featured-story-archive/spy-catcher-jeanne-vertefeuille.html
Mir Aimal Kansi's attack on the CIA headquarters https://www.cia.gov/news-information/featured-story-archive/murder-at-cia.html
Educating for Democracy Act https://delauro.house.gov/sites/delauro.house.gov/files/documents/DELAUR_074_xml_final.pdf
iCivics https://www.icivics.org/
CivXNow Coalition https://www.civxnow.org/
"Back in the Day: Return to civics classes may be crucial for American society" Philadelphia Tribune, September 12, 2020 https://www.phillytrib.com/commentary/backintheday/back-in-the-day-return-to-civics-classes-may-be-crucial-for-american-society/article_b9ad8256-f28d-564e-aad8-eae2a93df78a.html
Elizabeth Rindskopf Parker is the Dean Emerita of the University of the Pacific McGeorge School of Law and the former Executive Director of the State Bar of California.
Dr. Jill Goldenziel talks about how she teaches law and leadership to Marines, how the U.S. needs to think differently about online free speech, and how China and America use law as an operational tool
This episode references: The New Fighting Words?: How U.S. Law Hampers the Fight Against Information Warfare https://scholarship.law.upenn.edu/jcl/vol22/iss1/3/
Packingham v. North Carolina 582 US _ (2017) https://www.oyez.org/cases/2016/15-1194
S. 4534: A bill to amend section 230 of the Communications Act of 1934 to modify the scope of protection from civil liability for “good Samaritan” blocking and screening of offensive material https://www.govtrack.us/congress/bills/116/s4534
Law as a Battlefield: The U.S., China, and Global Escalation of Lawfare https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3525442
The South China Sea Arbitration (The Republic of Philippines v. The People's Republic of China) https://pca-cpa.org/en/cases/7/
Global Compact for Safe, Orderly, and Regular Migration https://refugeesmigrants.un.org/sites/default/files/180713_agreed_outcome_global_compact_for_migration.pdf
What's on Your CV of Purpose? https://www.linkedin.com/pulse/whats-your-cv-purpose-jill-goldenziel
Dr. Jill Goldenziel is a Professor at Marine Corps University-Command and Staff College https://jillgoldenziel.com/
This episode references
"Russian opposition leader Alexei Navalny is out of coma and responsive after suspected poisoning, hospital says" CBS News, September 8, 2020 https://www.cbsnews.com/news/alexei-navalny-russian-opposition-leader-out-of-coma-suspected-poisoning/
"Trolls, tracking and films: How Putin's Russia obsessively hounded opposition leader Navalny" Washington Post, August 29, 2020 https://www.washingtonpost.com/world/europe/navalny-russia-poison-kremlin/2020/08/28/03ad9c58-e6d2-11ea-bf44-0d31c85838a5_story.html
Senate Select Committee on Intelligence Report on Russian Active Measures Campaigns and Interference in the 2016 U.S. Election, Volumes 1-5 https://www.intelligence.senate.gov/publications/report-select-committee-intelligence-united-states-senate-russian-active-measures
Statement by NCSC Director William Evanina: Election Threat Update for the American Public, August 7, 2020 https://www.dni.gov/index.php/newsroom/press-releases/item/2139-statement-by-ncsc-director-william-evanina-election-threat-update-for-the-american-public
Robert Dannenberg is a former CIA officer who served as Chief of Operations for the Counter Terrorism Center, Chief of the Central Eurasia Division and Chief of the CIA’s Information Operations Center. https://www.susandavis.com/robert-dannenberg/
Robert Dannenberg, who served in the CIA for 24 years, discusses Putin's history and worldview, how he views NATO and the United States, and why Russia launched interference campaigns against US elections.
This episode references
"Alexei Navalny: Russia opposition leader poisoned with Novichok - Germany" BBC, September 2, 2020 https://www.bbc.com/news/world-europe-54002880
"Trolls, tracking and films: How Putin's Russia obsessively hounded opposition leader Navalny" Washington Post, August 29, 2020 https://www.washingtonpost.com/world/europe/navalny-russia-poison-kremlin/2020/08/28/03ad9c58-e6d2-11ea-bf44-0d31c85838a5_story.html
Senate Select Committee on Intelligence Report on Russian Active Measures Campaigns and Interference in the 2016 U.S. Election, Volumes 1-5 https://www.intelligence.senate.gov/publications/report-select-committee-intelligence-united-states-senate-russian-active-measures
Statement by NCSC Director William Evanina: Election Threat Update for the American Public, August 7, 2020 https://www.dni.gov/index.php/newsroom/press-releases/item/2139-statement-by-ncsc-director-william-evanina-election-threat-update-for-the-american-public
Robert Dannenberg is a former CIA officer who served as Chief of Operations for the Counter Terrorism Center, Chief of the Central Eurasia Division and Chief of the CIA’s Information Operations Center. https://www.susandavis.com/robert-dannenberg/
Senior women in the intelligence community discuss national security legal issues, provide career advice, and answer audience questions.
Watch the full panel video https://www.americanbar.org/groups/law_national_security/
The biographies of all speakers can be found below https://www.americanbar.org/content/dam/aba/administrative/law_national_security/speaker-bios-winsl-aug.pdf
In this episode Amb. Bonnie Jenkins discusses the value of education in policy work, her different experiences in government and think tanks, and her work advocating for women of color in national security.
This episode references: The Report of the National Commission on Terrorist Attacks Upon the United States (9/11 Commission) https://9-11commission.gov/report/
The National Academies of Sciences, Engineering, and Medicine's study on Radioactive Sources: Applications and Alternative Technologies https://www.nationalacademies.org/our-work/radioactive-sources-applications-and-alternative-technologies
NSLT episode "Women in National Security Law LIVE" June 11, 2020 https://www.americanbar.org/groups/law_national_security/nslt/20200611-women-in-nat-sec-law/
Women of Color Advancing Peace, Security, and Conflict Transformation https://www.wcaps.org/
Amb. Bonnie Jenkins is the Founder and Chair of Women of Color Advancing Peace and Security and a nonresident senior fellow at the Brookings Institute https://www.brookings.edu/experts/bonnie-jenkins/
This episode references:
The President’s Executive Order on Hong Kong Normalization, July 14, 2020 https://www.whitehouse.gov/presidential-actions/presidents-executive-order-hong-kong-normalization/
Executive Order on Addressing the Threat Posed by TikTok, August 6, 2020 https://www.whitehouse.gov/presidential-actions/executive-order-addressing-threat-posed-tiktok/
Cybersecurity Law of the People’s Republic of China (Translated) https://www.newamerica.org/cybersecurity-initiative/digichina/blog/translation-cybersecurity-law-peoples-republic-china/
National Security Law Today Episode "5G and National Security LIVE with Craig Silliman," December 12, 2019 https://www.americanbar.org/groups/law_national_security/nslt/20191212-5g-and-national-security/
ABA/NPEC Space Law and Policy Workshops and Reports https://www.americanbar.org/groups/law_national_security/resources/
United Nations Convention on the Law of the Sea https://www.un.org/depts/los/convention_agreements/convention_overview_convention.htm
English translation of the Law of the People's Republic of China on Safeguarding National Security in the Hong Kong Special Administrative Region, Xinhua, July 1, 2020 http://www.xinhuanet.com/english/2020-07/01/c_139178753.htm
Hong Kong issues arrest warrant for U.S. citizen under new national security law, NBC News, August 1, 2020 https://www.nbcnews.com/news/world/hong-kong-issues-arrest-warrant-u-s-citizen-under-new-n1235574
Sarbanes-Oxley Act of 2002 https://www.soxlaw.com/
Dean Cheng is a Senior Research Fellow in the Asian Studies Center at the Heritage Foundation Davis Institute for National Security and Foreign Policy https://www.heritage.org/staff/dean-cheng
Global Health Security Agenda https://www.cdc.gov/globalhealth/security/index.htm
Open Skies Treaty https://www.armscontrol.org/factsheets/openskies
DOD Statement on Open Skies Treaty Withdrawal on May 21, 2020 https://www.defense.gov/Newsroom/Releases/Release/Article/2195239/dod-statement-on-open-skies-treaty-withdrawal/
State Department Bureau of International Security and Nonproliferation https://www.state.gov/bureaus-offices/under-secretary-for-arms-control-and-international-security-affairs/bureau-of-international-security-and-nonproliferation/
Women in Intelligence Law Webinar August 12 https://americanbar.zoom.us/webinar/register/WN_vnNdrgeUR8mb36DV3L5f8A
Bonnie Jenkins is the Founder and Chair of Women of Color Advancing Peace and Security https://www.brookings.edu/experts/bonnie-jenkins/
This episode references:
Full "Hacking Democracy: Elections and Beyond" recording, sign in required https://beacon360.content.online/xbcs/S1251/catalog/resources.xhtml?pSref=2020ANNW1OLC
Supplemental reading materials for "Hacking Democracy: Elections and Beyond" https://www.americanbar.org/content/dam/aba/administrative/law_national_security/hacking-democracy-toc.pdf
This episode references: UN Security Council Resolution 1325, Adopted October 31, 2000https://documents-dds-ny.un.org/doc/UNDOC/GEN/N00/720/18/PDF/N0072018.pdf?OpenElement
Women, Peace, and Security Act of 2017https://www.congress.gov/115/plaws/publ68/PLAW-115publ68.pdf United States Strategy on Women, Peace, and Securityhttps://www.whitehouse.gov/wp-content/uploads/2019/06/WPS-Strategy-FINAL-PDF-6.11.19.pdf
Implementation of the Strategy from the Department of Statehttps://www.state.gov/the-department-of-states-plan-to-implement-the-u-s-strategy-on-women-peace-and-security/
Implementation of the Strategy from USAID https://www.usaid.gov/women-peace-and-security/
Implementation of the Strategy from the Department of Homeland Security https://www.dhs.gov/publication/dhs-implementation-plan-us-strategy-women-peace-and-security
Implementation of the Strategy from the Department of Defense https://media.defense.gov/2020/Jun/11/2002314428/-1/-1/1/WOMEN_PEACE_SECURITY_STRATEGIC_FRAMEWORK_IMPLEMENTATION_PLAN.PDF Congressional Hearing on Empowering Women and Girls and Promoting International Securityhttps://oversight.house.gov/legislation/hearings/empowering-women-and-girls-and-promoting-international-security-0
Understanding Gender Equality in Foreign Policy: What the United States Can Do https://www.cfr.org/report/understanding-gender-equality-foreign-policy
Jamille Bigio "UN peacekeeping recognizes that women are key to lasting peace amid COVID-19" The Hill, June 1, 2020https://thehill.com/opinion/international/500518-un-peacekeeping-recognizes-that-women-are-key-to-lasting-peace-amid
Interactive: Women's Participation in the Peace Processhttps://www.cfr.org/womens-participation-in-peace-processes/
Council on Foreign Relations Women and Foreign Policy Programhttps://www.cfr.org/programs/women-and-foreign-policy-program
Jamille Bigio is a Senior Fellow for Women and Foreign Policy and the Council on Foreign Relationshttps://www.cfr.org/expert/jamille-bigio
This episode references:
The Rome Statute https://www.icc-cpi.int/resource-library/documents/rs-eng.pdf
Executive Order on Blocking Property Of Certain Persons Associated With The International Criminal Court https://www.whitehouse.gov/presidential-actions/executive-order-blocking-property-certain-persons-associated-international-criminal-court/
NSLT Episode "Will the Dollar be Disarmed? with Brian Egan." September 19, 2019 https://www.americanbar.org/groups/law_national_security/nslt/20190919-will-the-dollar-be-disarmed/
International Emergency Economic Powers Act 50 USC 1701 https://www.treasury.gov/resource-center/sanctions/Documents/ieepa.pdf
Preliminary ICC Investigation into alleged war crimes in Afghanistan https://www.icc-cpi.int/afghanistan
National Emergencies Act https://uscode.house.gov/view.xhtml?path=/prelim@title50/chapter34&edition=prelim
ABA President Judy Perry Martinez statement Re: U.S. sanctions of International Criminal Court personnel https://www.americanbar.org/news/abanews/aba-news-archives/2020/06/aba-president-judy-perry-martinez-statement-re--u-s--sanctions-o/
Washington Post "Lawyers urge Trump to rescind sanctions, travel bans for International Criminal Court" June 29, 2020 https://www.washingtonpost.com/national-security/lawyers-urge-trump-to-rescind-sanctions-and-travel-bans-for-international-criminal-court/2020/06/29/0ef0c476-ba15-11ea-86d5-3b9b3863273b_story.html
Philadelphia Bar Association Resolution Supporting Independence of International Criminal Court http://www.philadelphiabar.org/page/ResJune20_2?appNum=2
Just Security "The Self Defeating Executive Order Against the International Criminal Court." June 12, 2020 https://www.justsecurity.org/70742/the-self-defeating-executive-order-against-the-international-criminal-court/
Brian Egan is a Partner at Steptoe & Johnson https://www.steptoe.com/en/lawyers/brian-egan.html
This episode references:
Social Media and National Security Part II with Peter Singer and Rachel Levinson-Waldman https://www.americanbar.org/groups/law_national_security/nslt/20190131-social-media-and-national-security-part2/
Executive Order on Preventing Online Censorship https://www.whitehouse.gov/presidential-actions/executive-order-preventing-online-censorship/
Section 230 — Nurturing Innovation or Fostering Unaccountability? Key Takeaways and Discussions https://www.justice.gov/file/1286331/download
"The Justice Department’s Thoughtful Proposals for Section 230 Reform" Lawfare, June 19, 2020. https://www.lawfareblog.com/justice-departments-thoughtful-proposals-section-230-reform
"How hoax information on social media about COVID-19 might be worsening the pandemic." LSE US Centre, April 24, 2020 https://blogs.lse.ac.uk/usappblog/2020/04/24/how-hoax-information-on-social-media-about-covid-19-might-be-worsening-the-pandemic/
"Militias flocked to Gettysburg to foil a supposed antifa flag burning, an apparent hoax created on social media" Washington Post, July 4, 2020 https://www.washingtonpost.com/investigations/hundreds-of-armed-men-went-to-gettysburg-to-defend-it-from-a-phantom-antifa-flag-burner-created-on-social-media/2020/07/04/206ee4da-bb05-11ea-86d5-3b9b3863273b_story.html
Panel IX – Social Media: 2020 at the 28th Annual Review of the Field of National Security Law Conference https://bcove.video/2DJ50Vj
LikeWar by Peter Singer https://www.amazon.com/LikeWar-Weaponization-P-W-Singer/dp/1328695743
Trump-Russia Investigations: A Guide by Rachel Levinson-Waldman https://www.brennancenter.org/sites/default/files/publications/Trump-Russia%20Investigations_0.pdf
The Islamophobic Administration by Rachel Levinson-Waldman https://www.brennancenter.org/sites/default/files/publications/BCJ_Islamophobic_Administration.pdf
Report on foreign influence in the 2016 election to the Senate Select Committee on Intelligence “The Tactics and Tropes of the Internet Research Agency” https://www.newknowledge.com/disinforeport
Packingham v. North Carolina (2017) https://www.oyez.org/cases/2016/15-1194
Manhattan Community Access Corp v Halleck (2019) including the amici curiae briefs https://www.scotusblog.com/case-files/cases/manhattan-community-access-corp-v-halleck/
Peter Singer is Strategist and Senior Fellow at New America https://www.newamerica.org/our-people/peter-warren-singer/
Rachel Levinson-Waldman is Senior Counsel at the Brennan Center’s Liberty and National Security Program https://www.brennancenter.org/expert/rachel-levinson-waldman
This episode references: " 'The Damage is Done': Judge Slams John Bolton, but Refuses to Block Book, National Law Journal, June 18, 2020 https://www.law.com/nationallawjournal/2020/06/20/the-damage-is-done-judge-slams-john-bolton-but-refuses-to-block-book/
Executive Order 13526 https://www.govinfo.gov/content/pkg/CFR-2010-title3-vol1/pdf/CFR-2010-title3-vol1-eo13526.pdf
Iran and the Law of Armed Conflict with Bill Banks and John Bellinger https://www.americanbar.org/groups/law_national_security/nslt/20200109-iran-and-the-law-of-armed-conflict/
"Interpol shuts down Iran’s request for Trump arrest" CNBC, June 30 2020 https://www.cnbc.com/2020/06/30/interpol-shuts-down-irans-request-for-trump-arrest.html
"Russia Secretly Offered Afghan Militants Bounties to Kill U.S. Troops, Intelligence Says" New York Times, June 26, 2020 https://www.nytimes.com/2020/06/26/us/politics/russia-afghanistan-bounties.html
"Republican lawmakers confirm intelligence reports on Russian operation to target U.S. troops but say material needs further review" Washington Post, June 29, 2020 https://www.washingtonpost.com/politics/trump-says-us-intelligence-did-not-find-reports-of-russian-bounties-to-taliban-linked-militants-credible/2020/06/29/a69e1722-b9f4-11ea-80b9-40ece9a701dc_story.html
18 USC 2339B https://www.govinfo.gov/content/pkg/USCODE-2011-title18/pdf/USCODE-2011-title18-partI-chap113B-sec2339B.pdf
UNSC report on Abdelmalek Droukdel https://www.un.org/securitycouncil/sanctions/1267/aq_sanctions_list/summaries/individual/abdelmalek-droukdel
Executive Order on Blocking Property Of Certain Persons Associated With The International Criminal Court https://www.whitehouse.gov/presidential-actions/executive-order-blocking-property-certain-persons-associated-international-criminal-court/
Rome Statute of the International Criminal Court https://www.icc-cpi.int/resource-library/documents/rs-eng.pdf
This episode references: SIGAR's 2019 High Risk Listhttps://www.sigar.mil/pdf/spotlight/2019_High-Risk_List.pdf
Interactive High Risk Listhttps://www.sigar.mil/interactive-reports/high-risk-list/index.html SIGAR's April 30, 2020 Quarterly Report to Congresshttps://www.sigar.mil/pdf/quarterlyreports/2020-04-30qr.pdf Learning Lessons: Capturing and Institutionalizing Lessonsfrom Complex Stabilization Effortshttps://www.sigar.mil/pdf/lessonslearned/SIGAR-17-15-LL.pdf
"Boondoggle HQ: The $25 Million Building in Afghanistan Nobody Needed" Pro Publica, May 20, 2015.https://projects.propublica.org/graphics/boondoggle Cleveland.Com "John Sopko fought the Mafia in Cleveland and now he's fighting fraud and corruption in Afghanistan", updated January 12, 2019https://www.cleveland.com/open/2013/07/he_fought_the_mafia_in_clevela.html
John Sopko is the Special Inspector General for Afghanistan Reconstructionhttps://www.sigar.mil/about/leadership/leadership.aspx?SSR=1&SubSSR=2&Sub2SSR=1&WP=IG%20SIGAR
This episode references:
The Inspector General Act of 1978, As Amended https://uscode.house.gov/view.xhtml?path=/prelim@title5/title5a/node20&edition=prelim
2008 National Defense Authorization Act, SIGAR authorities at Section 1229 https://www.congress.gov/110/plaws/publ181/PLAW-110publ181.pdf
SIGAR's 2019 High Risk List https://www.sigar.mil/pdf/spotlight/2019_High-Risk_List.pdf
Interactive High Risk List https://www.sigar.mil/interactive-reports/high-risk-list/index.html
SIGAR's April 30, 2020 Quarterly Report to Congress https://www.sigar.mil/pdf/quarterlyreports/2020-04-30qr.pdf
Counternarcotics: Lessons from the U.S. Experience in Afghanistan https://www.sigar.mil/interactive-reports/counternarcotics/index.html
Reintegration of Ex-Combatants: Lessons from the U.S.Experience in Afghanistan https://www.sigar.mil/interactive-reports/reintegration/index.html
Washington Post, "The Afghanistan Papers: A Secret History of the War", December 9, 2019 https://www.washingtonpost.com/graphics/2019/investigations/afghanistan-papers/documents-database/
Cleveland.Com "John Sopko fought the Mafia in Cleveland and now he's fighting fraud and corruption in Afghanistan", updated January 12, 2019 https://www.cleveland.com/open/2013/07/he_fought_the_mafia_in_clevela.html
John Sopko is the Special Inspector General for Afghanistan Reconstruction https://www.sigar.mil/about/leadership/leadership.aspx?SSR=1&SubSSR=2&Sub2SSR=1&WP=IG%20SIGAR
This episode references:
Women in National Security Law Launch Panel Video https://players.brightcove.net/1866680404001/default_default/index.html?videoId=6162003662001
The Leadership Council for Women in National Security https://www.lcwins.org/
The Op Ed Project https://www.theopedproject.org/
Cynthia Ryan is the Chair of the ABA Standing Committee on Law and National Security and former General Counsel of the National Geospatial Intelligence Agency https://www.americanbar.org/content/dam/aba/administrative/law_national_security/crryan-bio-20.pdf
Amb. Bonnie Jenkins is the Founder and Chair of Women of Color Advancing Peace and Security https://www.wcaps.org/board-of-directors
Mieke Eoyang is the Vice President for the National Security Program and Chairperson of the Cyber Enforcement Initiative at Third Way https://www.thirdway.org/about/leadership/mieke-eoyang
Dawn Browning is the Deputy General Counsel for the National Security and Cyber Law Branch at the Federal Bureau of Investigation https://www.americanbar.org/content/dam/aba/administrative/law_national_security/dbrowning-bio-20.pdf
The black letter law and articles in this episode are:
The Insurrection Act 10 USC Section 251-253 https://uscode.house.gov/view.xhtml?path=/prelim@title10/subtitleA/part1/chapter13&edition=prelim
Posse Comitatus Act 18 USC Section 1385 https://www.law.cornell.edu/uscode/text/18/1385
William Banks, Stephen Dycus “Soldiers on the Home Front: The Domestic Role of the American Military” https://www.hup.harvard.edu/catalog.php?isbn=9780674736740
William Banks “Providing “Supplemental Security” – The Insurrection Act and the Military Role in Responding to Domestic Crises,” Journal of National Security Law and Policy, December 2009 https://jnslp.com/2009/12/15/providing-supplemental-security-the-insurrection-act-and-the-military-role-in-responding-to-domestic-crises/
William Banks, Stephen Dycus “Martial Law Would Sweep the Country Into a Great Legal Unknown” The Atlantic, March 27, 2020 https://www.theatlantic.com/ideas/archive/2020/03/martial-law-would-sweep-country-great-legal-unknown/608773/
Calling Forth Act of 1792 https://www.constitution.org/mil/mil_act_1792.htm
Stephen Vladeck, “Emergency Power and the Militia Acts” Yale Law Journal, October 2004. https://www.yalelawjournal.org/note/emergency-power-and-the-militia-acts
Executive Order 10730 https://www.ourdocuments.gov/doc.php?flash=false&doc=89&page=transcript
Executive Order 11053 https://www.presidency.ucsb.edu/documents/executive-order-11053-providing-assistance-for-the-removal-unlawful-obstructions-justice
Executive Order 12804 https://www.presidency.ucsb.edu/documents/executive-order-12804-providing-for-the-restoration-law-and-order-the-city-and-county-los
Letter from DC Mayor Muriel Bowser to President Trump https://assets.documentcloud.org/documents/6937560/Bowser-Letter.pdf
“Federal Plan to Control DC Protests Taps 7,600 Personnel” Bloomberg News, June 4, 2020. https://www.bloomberg.com/news/articles/2020-06-05/federal-plan-to-control-d-c-protests-has-7-600-personnel-tapped
Report of the Independent Commission on the Los Angeles Police Department (Christopher Commission Report) https://archive.org/details/ChristopherCommissionLAPD
“U.S. Troops Went to the Border in 1997. They Killed an American Boy.” New York Times, November 27, 2018 https://www.nytimes.com/2018/11/27/us/esequiel-hernandez-death-border-mexico.html
“Ex-defense chief Mattis rips Trump for dividing Americans” AP, June 3, 2020 https://apnews.com/47a55054ccd7912fd7ceae833fc3feb6
“Troops should not be used as law enforcement against protesters, Esper says” Military Times, June 3, 2020 https://www.militarytimes.com/news/your-military/2020/06/03/troops-should-not-be-used-as-law-enforcement-against-protestors-secdef-says/
William Banks, Stephen Dycus, Peter Raven Hansen, Stephen Vladeck “National Security Law (Aspen Casebook) 7th Edition” https://www.amazon.com/National-Security-Law-Aspen-Casebook/dp/1543806791/
Samuel Huntington “The Soldier and the State” https://www.hup.harvard.edu/catalog.php?isbn=9780674817364
Charles Dunlap "Mobilizing the military for domestic operations: some legal considerations" Lawfire, June 2, 2020. https://sites.duke.edu/lawfire/2020/06/02/mobilizing-the-military-for-domestic-operations-some-legal-considerations/
Professor William Banks is Chair of the ABA Standing Committee on Law and National Security Advisory Committee and an Emeritus Professor at the Syracuse University College of Law http://law.syr.edu/profile/william-banks1
Harvey Rishikof is a Visiting Professor at Temple University Beasley School of Law and the Director of Policy and Cyber Security Research at the University of Maryland Applied Research Laboratory For Intelligence and Security https://www.law.temple.edu/contact/harvey-rishikof/
The black letter law and articles in this episode: The Foreign Intelligence Surveillance Act (FISA) 30 USC 1801 et seq https://www.law.cornell.edu/uscode/text/50/1801
The DOJ Inspector General Review of Four FISA Applications and Other Aspects of the FBI’s Crossfire Hurricane Investigation Full Report https://www.justice.gov/storage/120919-examination.pdf
The FBI's response to the Court's Order from January 10, 2020 https://www.lawfareblog.com/fbi-responds-fisa-court-order-regarding-inspector-general-report
Memo to the FBI Regarding the Execution of Woods Procedures for Applications Filed with the FISC https://oig.justice.gov/reports/2020/a20047.pdf
Opinion and Order In Re Accuracy Concerns Regarding FBI Matters Submitted to the FISC, March 4, 2020 https://assets.documentcloud.org/documents/6796032/Misc-19-02-Opinion-and-Order-PJ-JEB-200304.pdf
Response to the Court's Corrected Opinion and Order Dated March 5, 2020 and Update to the Government's January 10, 2020 Response https://www.justice.gov/nsd/page/file/1267686/download
Opinion and Order In Re Accuracy Concerns Regarding FBI Matters Submitted to the FISC, April 3, 2020 https://www.fisc.uscourts.gov/sites/default/files/Misc%2019%2002%20Order%20PJ%20JEB%20200403.pdf
NSLT Episode "Inspectors General: FISA Oversight and Woods Review with Michael Woods" https://www.americanbar.org/groups/law_national_security/nslt/inspectors-general--fisa-oversight-and-woods-review-with-michael/
Technology By Design Episode with Yvette Bourcicot https://technologybydesign.libsyn.com/yvette-bourcicot
Women In National Security Law Launch registration https://americanbar.zoom.us/webinar/register/WN_sfzx6SUHRfmOmtvM2cTtSQ
Bob Litt is of counsel at Morrison & Foerster https://www.mofo.com/people/robert-litt.html
The black letter law and articles in this episode are: The Foreign Intelligence Surveillance Act (FISA) 50 USC 1801 et seq. https://www.law.cornell.edu/uscode/text/50/1801
Original Woods Procedure Memo, April 5, 2001 https://www.americanbar.org/content/dam/aba/administrative/law_national_security/woods-procedures-memo-2001.pdf
The DOJ Inspector General Review of Four FISA Applications and Other Aspects of the FBI’s Crossfire Hurricane Investigation Full Report https://www.justice.gov/storage/120919-examination.pdf
Opinion and Order In Re Accuracy Concerns Regarding FBI Matters Submitted to the FISC, March 4, 2020 https://assets.documentcloud.org/documents/6796032/Misc-19-02-Opinion-and-Order-PJ-JEB-200304.pdf
Opinion and Order In Re Accuracy Concerns Regarding FBI Matters Submitted to the FISC, April 3, 2020 https://www.fisc.uscourts.gov/sites/default/files/Misc%2019%2002%20Order%20PJ%20JEB%20200403.pdf
Michael Woods is an Associate General Counsel at Verizon https://www.americanbar.org/content/dam/aba/administrative/law_national_security/woods-short-bio.pdf
The black letter law and articles referenced in this episode: "Fired Intel Community Inspector General Michael Atkinson Pushes Back On His Dismissal" https://www.npr.org/2020/04/03/827195027/president-trump-fires-intelligence-community-inspector-general-michael-atkinson
Inspector General Act of 1978 (As Amended) https://uscode.house.gov/view.xhtml?path=/prelim@title5/title5a/node20&edition=prelim
CIA Inspector General Act of 1989 https://www.govinfo.gov/content/pkg/STATUTE-103/pdf/STATUTE-103-Pg1701.pdf
ODNI Inspector General position created in IRTPA 2004 https://www.govinfo.gov/content/pkg/PLAW-108publ458/pdf/PLAW-108publ458.pdf
Tenure of Office Act, 1867-1887 https://www.senate.gov/artandhistory/history/resources/pdf/Johnson_TenureofOfficeAct.pdf
Myers v. U.S., 47 S. Ct. 21 (1926) https://www.oyez.org/cases/1900-1940/272us52
Humphrey’s Executor, 295 U.S. 602 (1935) https://www.oyez.org/cases/1900-1940/295us602
Morrison v. Olson 487 U.S. 654 (1988) https://www.oyez.org/cases/1987/87-1279
50 USC 3033 Inspector General of the Intelligence Community https://www.law.cornell.edu/uscode/text/50/3033
Vacancies Act of 1998 https://www.law.cornell.edu/uscode/text/5/3345
EO 12356 https://www.archives.gov/federal-register/codification/executive-order/12356.html
EO 13848 https://www.whitehouse.gov/presidential-actions/executive-order-imposing-certain-sanctions-event-foreign-interference-united-states-election/
31 CFR 579.201 https://www.ecfr.gov/cgi-bin/text-idx?SID=5c29d1f87959d157585373fd9bd4ec3f&mc=true&node=se31.3.579_1201&rgn=div8
"Forty Years After Church-Pike: What’s Different Now?" Joel Brenner, May 15, 2015 https://www.americanbar.org/content/dam/aba/administrative/law_national_security/nsa-speech-may-15-brenner.pdf
Joel Brenner is a senior research fellow at the MIT Center for International Studies http://cis.mit.edu/people/joel-brenner
The black letter law and articles in this episode are:
P3 Tech Consulting https://www.p3techconsulting.com/
Inside Unmanned Systems Magazine https://insideunmannedsystems.com/
Women to Watch in UAS Awards https://womenanddrones.com/
InterDrone Conference (postponed to December 15-17, 2020) https://interdrone.com/
CUAVE Law-Tech Connect https://www.expouav.com/law-tech-connect/
Chula Vista, CA UAS Drone Program https://www.chulavistaca.gov/departments/police-department/programs/uas-drone-program
Drone Life https://dronelife.com/
DRONERESPONDERS https://www.droneresponders.org/
MarketScale Podcast “Can Drones Make a Difference During the COVID-19 Pandemic?” https://marketscale.com/industries/software-and-technology/can-drones-make-a-difference-during-the-covid-19-pandemic/
FAA Summary of Small UAS Rule (Part 107) https://www.faa.gov/uas/media/Part_107_Summary.pdf
UAS Integrated Pilot Program Lead Participants https://www.faa.gov/uas/programs_partnerships/integration_pilot_program/lead_participants/
GAO Report “Unmanned Aircraft Systems: FAA Could Better Leverage Test Site Program to Advance Drone Integration” January, 2020 https://www.gao.gov/products/GAO-20-97
Full GAO Report PDF https://www.gao.gov/assets/710/703726.pdf
FAA Part 135 Drone Package Delivery Fact Sheet https://www.faa.gov/uas/advanced_operations/package_delivery_drone/
Part 107 Waiver Certificates https://www.faa.gov/uas/commercial_operators/part_107_waivers/waivers_issued/
Emergency Situation Special Government Interest Process https://www.faa.gov/uas/advanced_operations/emergency_situations/
Administrative Procedures Act Good Cause Exception 5 U.S.C. § 553(b)(3)(B) https://www.law.cornell.edu/uscode/text/5/553
Kyllo v. United States 533 US 27 (2001) https://www.oyez.org/cases/2000/99-8508
10 USC § 130i.Protection of certain facilities and assets from unmanned aircraft https://www.law.cornell.edu/uscode/text/10/130i
FAA Special Federal Aviation Regulation Relief For Certain Persons and Operations During the Coronavirus Diseaase 2019 (COVID-19) Outbreak, May 4, 2020 https://www.govinfo.gov/content/pkg/FR-2020-05-04/pdf/2020-09472.pdf
FAA May 4, 2020 SFAR Fact Sheet https://www.faa.gov/uas/media/107_65_SFAR_FAQ.pdf
Dawn Zoldi is the founder and CEO of P3 Tech Consulting and a 25-year Air Force veteran and retired as a Colonel https://www.p3techconsulting.com/about
The black letter law and articles in this episode are:
Jack Beard “Soft Law's Failure on the Horizon: The International Code of Conduct for Outer Space Activities” University of Pennsylvania Journal of International Law, 2017 https://scholarship.law.upenn.edu/jil/vol38/iss2/2/
The Woomera Manual Project https://law.adelaide.edu.au/woomera/
The Outer Space Treaty of 1967 https://history.nasa.gov/1967treaty.html
The international outer space treaty regime https://www.unoosa.org/oosa/en/ourwork/spacelaw/treaties.html
“France accuses Russia of spying on military from space” Reuters, September 2018 https://www.reuters.com/article/us-france-russia-security/france-accuses-russia-of-spying-on-military-from-space-idUSKCN1LN1XT
The Committee on Peaceful Use of Outer Space (COPUOS) https://www.unoosa.org/oosa/en/ourwork/copuos/comm-subcomms.html
Jack Beard is an Associate Professor of Law and the Co-Director of the Space, Cyber, and Telecom Law Program at the University of Nebraska College of Law https://law.unl.edu/jack-m-beard/
Dale Stephens is a Professor at Adelaide Law School https://www.adelaide.edu.au/directory/dale.stephens
The black letter law and articles referenced in this episode: Tonight We Bombed the U.S. Capitol by William Rosenau https://www.amazon.com/Tonight-Bombed-U-S-Capitol-Explosive/dp/1501170120 Audiobook for Tonight We Bombed the U.S. Capitol https://www.simonandschuster.com/books/Tonight-We-Bombed-The-U-S-Capitol/William-Rosenau/9781797105987 The Senate Subcommittee on Crime and Terrorism https://www.judiciary.senate.gov/about/subcommittees/subcommittee-on-crime-and-terrorism The original FBI Joint Terrorism Task Force https://www.fbi.gov/news/stories/new-york-jttf-celebrates-35-years William Rosenau is a Senior Policy Historian at CNA https://www.cna.org/experts/Rosenau_W
The black letter law and articles referenced in this episode are:
Report of the National Commission on Military, National, and Public Service https://inspire2serve.gov/reports
Inspire To Serve Act https://www.congress.gov/116/bills/hr6415/BILLS-116hr6415ih.pdf
Inspire to Serve Act Summary https://inspire2serve.gov/sites/default/files/final-report/Legislative%20Annex%20Summary.pdf
Volunteer Protection Act https://www.govinfo.gov/content/pkg/PLAW-105publ19/pdf/PLAW-105publ19.pdf
Public Readiness and Emergency Preparedness Act https://www.hrsa.gov/sites/default/files/gethealthcare/conditions/countermeasurescomp/covered_countermeasures_and_prep_act.pdf
Amended April 15, 2020 https://www.federalregister.gov/documents/2020/04/15/2020-08040/amendment-to-declaration-under-the-public-readiness-and-emergency-preparedness-act-for-medical
USA Jobs Site https://www.usajobs.gov/
Avril Haines is deputy director of Columbia World Projects and a member of the Standing Committee on Law and National Security https://energypolicy.columbia.edu/avril-haines-0
Paul Lekas is the General Counsel and Chief Legal Officer of the National Commission on Military, National, and Public Service https://www.inspire2serve.gov/staff/paul-lekas
The black letter law and articles in this episode are:
The Defense Production Act [PDF] https://www.fema.gov/media-library-data/20130726-1650-20490-5258/final__defense_production_act_091030.pdf
James E. Baker “It’s High Time We Fought This Virus the American Way” New York Times, April 3, 2020 https://www.nytimes.com/2020/04/03/opinion/defense-protection-act-covid.html
Youngstown Sheet & Tube Company v. Sawyer 343 US 579 (1952) https://www.oyez.org/cases/1940-1955/343us579
Executive Order on Prioritizing and Allocating Health and Medical Resources to Respond to the Spread of Covid-19 https://www.whitehouse.gov/presidential-actions/executive-order-prioritizing-allocating-health-medical-resources-respond-spread-covid-19/
42 U.S. Code § 247d on Public Health Emergencies https://www.law.cornell.edu/uscode/text/42/247d
“Government Contractor Defense: Military and Non-Military Applications” ABA Section on Litigation https://www.americanbar.org/groups/litigation/committees/products-liability/practice/2016/gvt-contractor-defense-military-non-military-applications/
Judge James Baker is the Director of the Syracuse University Institute for Security Policy and Law http://law.syr.edu/profile/the-hon.-james-e.-baker
The black letter law and articles in this episode are:
Saenz v. Roe 526 US 489 (1999) https://www.oyez.org/cases/1998/98-97
Pollack v. Duff 958 F. Supp. 2d 280 (D.D.C. 2013) https://casetext.com/case/pollack-v-duff-1
United States v. Guest 383 US 745 (1966) https://www.oyez.org/cases/1965/65
Shapiro v. Thompson 394 US 618 (1969) https://www.oyez.org/cases/1967/9
CRS Report: “The Posse Comitatus Act and Related Matters: A Sketch” November, 2018 https://fas.org/sgp/crs/natsec/R42669.pdf
Mapp v. Ohio 367 US 643 (1961) https://www.oyez.org/cases/1960/236
CARES Act of 2020 https://www.congress.gov/116/bills/hr748/BILLS-116hr748enr.pdf
Jacobson v. Massachusetts, 197 U.S. 11 (1905) https://supreme.justia.com/cases/federal/us/197/11/
Feres Doctrine from Feres v. United States, 340 U.S. 135 (1950) https://supreme.justia.com/cases/federal/us/340/135/
Lawfare Blog: “Quarantine and Isolation Authorities in States Affected by COVID-19” https://www.lawfareblog.com/quarantine-and-isolation-authorities-states-affected-covid-19
Arrest of Florida pastor for violating state public health emergency orders https://www.tampabay.com/news/hillsborough/2020/04/02/tampa-pastor-arrested-for-defying-virus-orders-closes-church-due-to-tyrannical-government/
Arrest of Maryland man for violating state emergency orders https://wtop.com/maryland/2020/03/maryland-man-arrested-for-violating-ban-on-gatherings-with-party-in-motel-room/
Current presidential actions and executive orders https://www.whitehouse.gov/presidential-actions/
Harvey Rishikof is a Visiting Professor at Temple University Beasley School of Law and the Director of Policy and Cyber Security Research at the University of Maryland Applied Research Laboratory For Intelligence and Security https://www.law.temple.edu/contact/harvey-rishikof/
The black letter law and articles in this episode are:
William Banks and Stephen Dycus, "Martial Law Would Sweep the Country Into a Great Legal Unknown" The Atlantic https://www.theatlantic.com/ideas/archive/2020/03/martial-law-would-sweep-country-great-legal-unknown/608773/
The Stafford Act https://www.fema.gov/media-library-data/1582133514823-be4368438bd042e3b60f5cec6b377d17/Stafford_June_2019_508.pdf
Public Health Services Act (42 USC Section 201 et seq) https://www.govinfo.gov/content/pkg/USCODE-2010-title42/pdf/USCODE-2010-title42-chap6A-subchapI.pdf
Secretary Azar declared an emergency on January 31, 2020 https://www.hhs.gov/about/news/2020/01/31/secretary-azar-declares-public-health-emergency-us-2019-novel-coronavirus.html
Defense Production Act (50 USC Section 2061 et seq) https://www.fema.gov/media-library-data/20130726-1650-20490-5258/final__defense_production_act_091030.pdf
President Trump announced invocation of Defense Production Act https://www.c-span.org/video/?470599-1/president-trump-coronavirus-task-force-hold-briefing-white-house
Insurrection Act (10 USC Section 251 et seq) https://www.law.cornell.edu/uscode/text/10/subtitle-A/part-I/chapter-13
William Banks, Stephen Dycus “Soldiers on the Home Front: The Domestic Role of the American Military” https://www.hup.harvard.edu/catalog.php?isbn=9780674736740
Center for Disease Control and Prevention https://www.cdc.gov/
U.S. Department of Health and Human Services https://www.hhs.gov/
The history of quarantine https://www.cdc.gov/quarantine/historyquarantine.html
Implementation of the Defense Production Act by President Truman https://www.crf-usa.org/bill-of-rights-in-action/bria-4-4-b-seizure-truman-takes-the-steel-mills.html
Professor William Banks is Chair of the ABA Standing Committee on Law and National Security Advisory Committee and an Emeritus Professor at the Syracuse University College of Law http://law.syr.edu/profile/william-banks1
The black letter law and articles in this episode are: The Cyberspace Solarium Commission Report https://www.solarium.gov/home Wired, "White House Cuts Critical Cybersecurity Role as Threats Loom" May 15, 2018 https://www.wired.com/story/white-house-cybersecurity-coordinator/ DHS CISA Vulnerability Disclosure Policy Draft Directive https://cyber.dhs.gov/bod/20-01/ NSLT Episode "Threats, Norms and Cyber Mercenaries with Tim Maurer" https://soundcloud.com/nsltoday/threats-norms-and-cyber-mercenaries-with-tim-maurer Criticism of the Solarium Report https://www.thirdway.org/press/third-way-responds-to-americas-cyberspace-solarium-commission Suzanne Spaulding is a Senior Adviser at the Center for Strategic and International Studies https://www.csis.org/people/suzanne-spaulding
The black letter law and articles referenced in this episode are: U.S. Vulnerabilities Equities Process https://www.whitehouse.gov/sites/whitehouse.gov/files/images/External%20-%20Unclassified%20VEP%20Charter%20FINAL.PDF Senate Select Committee on Intelligence Study of the Central Intelligence Agency’s Detention and Interrogation Program https://www.intelligence.senate.gov/sites/default/files/publications/CRPT-113srpt288.pdf Greg Miller, “How the CIA used Crypto AG encryption devices to spy on countries for decades”. Washington Post https://www.washingtonpost.com/graphics/2020/world/national-security/cia-crypto-encryption-machines-espionage/ Alissa Starzak is the Head of Public Policy at Cloudflare https://transforming-classification.blogs.archives.gov/2018/03/26/the-pidb-welcomes-new-member-alissa-starzak/
The black letter law and articles in this episode are: Trump and His Generals: The Cost of Chaos https://www.amazon.com/Trump-His-Generals-Cost-Chaos/dp/0525522417 General Mattis’ Letter of Resignation https://www.documentcloud.org/documents/5656065-Resignation-Letter-From-Defense-Secretary-James.html The Longest War: The Enduring Conflict between America and Al-Qaeda https://www.amazon.com/Longest-War-Enduring-Conflict-Al-Qaeda/dp/0743278941 Manhunt: The Ten-Year Search for Bin Laden from 9/11 to Abbottabad https://www.amazon.com/Manhunt-Ten-Year-Search-Laden-Abbottabad/dp/0307955885 The United States of Jihad: Who Are America's Homegrown Terrorists, and How Do We Stop Them? https://www.amazon.com/United-States-Jihad-Homegrown-Terrorists/dp/0804139563 Peter Bergen is a CNN national security analyst and vice president for global studies & fellows at New America https://www.newamerica.org/our-people/peter-bergen/
The black letter law and articles in this episode are: 2001 AUMF https://www.congress.gov/107/plaws/publ40/PLAW-107publ40.pdf 2002 AUMF https://www.congress.gov/107/plaws/publ243/PLAW-107publ243.pdf NATO Article 5 https://www.nato.int/cps/en/natohq/topics_110496.htm Text of Secretary Colin Powell’s speech to the UN in 2003 on Iraqi WMDs https://www.theguardian.com/world/2003/feb/05/iraq.usa Video of speech https://www.c-span.org/video/?c4716794/user-clip-colin-powells-speech U.S. Defense Department Law of War Manual https://dod.defense.gov/Portals/1/Documents/pubs/DoD%20Law%20of%20War%20Manual%20-%20June%202015%20Updated%20Dec%202016.pdf?ver=2016-12-13-172036-190 Senate Armed Forces Committee Hearing July 13, 2006 “Military Commissions in Light of the Supreme Court Decision in Hamdan V. Rumsfeld” Full Text https://www.govinfo.gov/content/pkg/CHRG-109shrg35144/pdf/CHRG-109shrg35144.pdf Senate Hearing Video https://www.c-span.org/video/?193392-1/military-commissions Hamdan v. Rumsfeld, 548 U. S. 557 (2006) https://www.supremecourt.gov/opinions/05pdf/05-184.pdf Geneva Conventions https://www.icrc.org/en/war-and-law/treaties-customary-law/geneva-conventions Uniform Code of Military Justice https://jsc.defense.gov/Portals/99/Documents/2019%20MCM%20(Final)%20(20190108).pdf?ver=2019-01-11-115724-610 Julie Huygen recently retired from the Air Force Court of Criminal Appeals after 21 years of service as an Air Force Judge Advocate General
The black letter law and articles in this episode are: U.S. Air Force JAG Corps https://www.airforce.com/careers/specialty-careers/jag/overview U.S. Army JAG Corps https://www.goarmy.com/jag.html U.S. Coast Guard JAG Corps https://www.uscg.mil/resources/legal/ U.S. Marine JAG Corps https://www.marines.com/becoming-a-marine/officer/marine-corps-law-program.html U.S. Navy JAG Corps https://www.jag.navy.mil/ “You Can’t Handle the Truth” https://www.youtube.com/watch?v=9FnO3igOkOk Julie Huygen recently retired from the Air Force Court of Criminal Appeals
The black letter law and articles in this episode are: The DOJ Inspector General Review of Four FISA Applications and Other Aspects of the FBI’s Crossfire Hurricane Investigation Introduction https://oig.justice.gov/press/2019/2019-12-09.pdf The full OIG Review https://www.justice.gov/storage/120919-examination.pdf Politico “Russia’s Long and Mostly Unsuccessful History of Election Interference” https://www.politico.com/magazine/story/2019/10/26/russias-long-and-mostly-unsuccessful-history-of-election-interference-229884 Operation Ghost Stories https://www.fbi.gov/news/stories/operation-ghost-stories-inside-the-russian-spy-case Washington Post “U.N. Report on Jeff Bezos Phone Hack Only Adds to Questions About How the National Enquirer Got Its Scoop” https://www.washingtonpost.com/lifestyle/style/un-report-on-jeff-bezos-phone-hack-only-adds-to-questions-about-how-the-national-enquirer-got-its-scoop/2020/01/27/7248bfc4-4053-11ea-aa6a-083d01b3ed18_story.html Financial Times “Saudi's MBS implicated in hacking of Jeff Bezos's phone” https://www.ft.com/content/83dcdf74-3c9b-11ea-a01a-bae547046735 UN experts call for investigation into allegations that Saudi Crown Prince involved in hacking of Jeff Bezos’ phone https://www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=25488&LangID=E Jim Baker is the Director of National Security and Cybersecurity at the R Street Institute https://www.rstreet.org/team/jim-baker/
The black letter laws and articles referenced in this episode: U.S. Treasury Department’s new CIFUS regulations after FIRRMA https://home.treasury.gov/policy-issues/international/the-committee-on-foreign-investment-in-the-united-states-cfius Executive Order 13549 “Classified National Security Information Programs for State, Local, Tribal, and Private Sector Entities” https://obamawhitehouse.archives.gov/the-press-office/2010/08/18/executive-order-13549-classified-national-security-information-programs- SECURE Technologies Act of 2018 [PDF document] https://www.congress.gov/115/plaws/publ390/PLAW-115publ390.pdf GSA Guidance on Section 889 FAR Rule of the 2019 NDAA https://www.acquisition.gov/gsa-deviation/supply-chain-aug13 Executive Order 13873 “Executive Order on Securing the Information and Communications Technology and Services Supply Chain” https://www.whitehouse.gov/presidential-actions/executive-order-securing-information-communications-technology-services-supply-chain/ National Security Law Breakfast with the Special Inspector General for Afghanistan Reconstruction https://www.americanbar.org/events-cle/mtg/inperson/394167859/ Jason Klitenic is the General Counsel of the Office of the Director of National Intelligence https://www.dni.gov/index.php/who-we-are/leadership/general-counsel
The black letter law and articles in this episode are: The DOJ Inspector General Review of Four FISA Applications and Other Aspects of the FBI’s Crossfire Hurricane Investigation Introduction https://oig.justice.gov/press/2019/2019-12-09.pdf The full OIG Review https://www.justice.gov/storage/120919-examination.pdf FBI Director Christopher Wray’s response to the OIG Report https://www.fbi.gov/news/pressrel/press-releases/fbi-director-christopher-wray-response-to-inspector-general-report The redacted 2004 OLC Memo reviewing the legality of STELLAR WIND https://fas.org/irp/agency/doj/olc/stellar.pdf Jim Baker “Rethinking Encryption” Lawfare https://www.lawfareblog.com/rethinking-encryption Jim Baker is the Director of National Security and Cybersecurity at the R Street Institute https://www.rstreet.org/team/jim-baker/
The black letter law and articles in this episode are:
U.S. v. Agron Hasbajrami (2nd Cir., 2018) [PDF DOCUMENT] https://assets.documentcloud.org/documents/6589178/US-vs-Hasbajrami-2nd-Circuit-Opinion.pdf “NDAA conference agreement establishes U.S. Space Force, directs major overhaul of space acquisitions” Space News, December 9, 2019 https://spacenews.com/ndaa-conference-agreement-establishes-u-s-space-force-directs-major-overhaul-of-space-acquisitions/ U.S. Treasury Fact Sheet: Final CIFUS Regulations Implementing FIRRMA [PDF DOCUMENT] https://home.treasury.gov/system/files/206/Final-FIRRMA-Regulations-FACT-SHEET.pdf Morrison & Foerster Fact Sheet: Foreign Investment 2020 (Part 5): Final CFIUS Rules Announced https://www.mofo.com/resources/insights/200116-cfius-rules-announced.html Federalist Paper 65 https://www.congress.gov/resources/display/content/The+Federalist+Papers#TheFederalistPapers-65 Luncheon with the General Counsel of the Office of the Director of National Intelligence https://www.americanbar.org/events-cle/mtg/inperson/393429655/ Harvey Rishikof is the Senior Counselor to the ABA Standing Committee on Law and National Security https://www.law.temple.edu/contact/harvey-rishikof/
The black letter law and articles referenced in this episode are: Glenn Gerstell, “I Work for N.S.A. We Cannot Afford to Lose the Digital Revolution,” New York Times https://www.nytimes.com/2019/09/10/opinion/nsa-privacy.html DHS CISA Alert on Iranian Cyber Responses https://www.us-cert.gov/ncas/alerts/aa20-006a NCSC Private Industry Resources https://www.dni.gov/index.php/ncsc-newsroom/item/1938-national-counterintelligence-and-security-center-launches-campaign-to-help-private-industry-guard-against-threats-from-nation-state-actors Carpenter vs. United States (Decided June 22, 2018) https://www.scotusblog.com/case-files/cases/carpenter-v-united-states-2/ NSA Cybersecurity Advisory for Microsoft Windows 10 Vulnerability https://media.defense.gov/2020/Jan/14/2002234275/-1/-1/0/CSA-WINDOWS-10-CRYPT-LIB-20190114.PDF The U.S. Intelligence Community Law Sourcebook 2019 Edition https://www.americanbar.org/products/inv/book/364823968/ Glenn Gerstell is the General Counsel of the National Security Agency https://www.nsa.gov/about/ogc/leadership/
The black letter law and articles referenced in this episode are: Executive Order 13382 https://www.treasury.gov/resource-center/sanctions/Documents/whwmdeo.pdf Executive Order 13224 https://www.treasury.gov/resource-center/sanctions/Documents/13224.pdf War Powers Resolution of 1973 https://www.govinfo.gov/content/pkg/STATUTE-87/pdf/STATUTE-87-Pg555.pdf “Esper contradicts Trump on targeting Iranian cultural sites: We 'follow the laws of armed conflict' “, CNN https://www.cnn.com/2020/01/06/politics/esper-iran-cultural-sites-trump/index.html Hague Cultural Property Convention https://www.congress.gov/110/crpt/erpt26/CRPT-110erpt26.pdf John Bellinger “Attacking Iran’s Cultural Sites Would Violate the Hague Cultural Property Convention,” Lawfare https://www.lawfareblog.com/attacking-irans-cultural-sites-would-violate-hague-cultural-property-convention John Bellinger III is a partner at Arnold & Porter https://www.arnoldporter.com/en/people/b/bellinger-john-b William Banks is a Professor of Law Emeritus at Syracuse University College of Law http://law.syr.edu/profile/william-banks1
The black letter law referenced in this episode is:
The Federalist papers https://www.congress.gov/resources/display/content/The+Federalist+Papers HR 755 - Articles of Impeachment https://docs.house.gov/billsthisweek/20191216/BILLS-116hres755rh.pdf Stewart Baker is a Partner at Steptoe & Johnson https://www.steptoe.com/en/lawyers/stewart-baker.html Jamil Jaffer is the Founder and Executive Director of the National Security Institute at GMU https://www.law.gmu.edu/faculty/directory/fulltime/jaffer_jamil_n
This episode references:
The full audio of Craig Silliman's tlak "5G and National Security" https://bcove.video/2RdnN1Q
Craig Silliman is Executive Vice President and Chief administrative, legal and public policy officer at Verizon https://www.verizon.com/about/our-company/executive-bios/craig-silliman
The black letter law and articles in this episode are: Matthew Ferraro, “Disinformation is harming businesses. Here are 6 ways to fight it”, CNN https://www.cnn.com/2019/06/10/perspectives/disinformation-business/index.html Matthew Ferraro’s remarks to the ABA Standing Committee on Law and National Security on December 4, 2019 https://bcove.video/3674v2k H.R. 3230: The DEEP FAKES Accountability Act https://www.congress.gov/116/bills/hr3230/BILLS-116hr3230ih.pdf Virginia Code § 18.2-386.2 which criminalizes deepfake pornography https://law.lis.virginia.gov/vacode/18.2-386.2/ Texas Senate Bill 751 (SB751) which criminalized deepfake political videos within a month of an election https://capitol.texas.gov/tlodocs/86R/billtext/pdf/SB00751F.pdf#navpanes=0 California Assembly Bill 730 which criminalized deepfake political videos within a 60 days of an election https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=201920200AB730 California Assembly Bill 602 which created a private right of action for victims of deepfake pornography https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201920200AB602 Matthew Ferraro is a Senior Associate at WilmerHale https://www.wilmerhale.com/en/people/matthew-ferraro
This episode references: The Stand With Us Campaign https://www.americanbar.org/groups/public_education/resources/rule-of-law/ The Breakfast Event: The Threat Disinformation and Deepfakes Pose to the Private Sector https://www.americanbar.org/events-cle/mtg/inperson/392071960/
Judy Perry Martinez is the President of the American Bar Association https://www.americanbar.org/groups/leadership/aba_officers/judy-perry-martinez/
This podcast was recorded live at the 29th Annual Review of the Field of National Security Law CLE Conference. Steve Vladeck is the A Dalton Cross Professor in Law at the University of Texas School of Law https://law.utexas.edu/faculty/stephen-i-vladeck Robert Chesney is the Director of the Robert S. Strauss Center for International Security and Law and the Associate Dean for Academic Affairs at the University of Texas School of Law https://law.utexas.edu/faculty/robert-m-chesney Professors Vladeck and Chesney co-host the National Security Law Podcast https://www.nationalsecuritylawpodcast.com/
The black letter law and articles discussed in this episode are:
CIA Job Portal www.cia.gov/careers/opportunities The National Security Act of 1947 https://www.cia.gov/library/readingroom/docs/1947-07-26.pdf
Carol, Richard, and Craig are members of the Central Intelligence Agency’s Office of General Counsel
The black letter law and articles referenced in this episode are: Unclassified Anonymous Whistleblower Complaint regarding President Trump's call with Ukraine https://www.lawfareblog.com/house-intelligence-committee-releases-whistleblower-complaint Statement of Ambassador William Taylor to the House of Representatives https://d3i6fh83elv35t.cloudfront.net/static/2019/10/Taylor-openingstatement.pdf Turkish troops invaded Syria October 9, 2019 https://www.reuters.com/article/us-syria-security-turkey-usa-idUSKBN1WO05Z Temporary Ceasefire implemented in Northeast Syria https://www.whitehouse.gov/briefings-statements/united-states-turkey-agree-ceasefire-northeast-syria/ Bolton Warns Trump: North Korea ‘Will Never Give Up’ Nukes https://breakingdefense.com/2019/09/bolton-warns-trump-north-korea-will-never-give-up-nukes/ Jamil Jaffer is the founder and executive director of the National Security Institute at George Mason University https://www.law.gmu.edu/faculty/directory/fulltime/jaffer_jamil_n
The black letter law and articles in this episode are:
32 CFR Parts 2001 and 2003 Classified National Security Information; Final Rule https://www.archives.gov/isoo/policy-documents/isoo-implementing-directive.html
Executive Order 13526 https://www.archives.gov/isoo/policy-documents/cnsi-eo.html
Intelligence Community Directive 120 https://www.dni.gov/files/documents/ICD/ICD%20120.pdf
Roviaro v. United States, 353 U.S. 53 (1957) https://www.oyez.org/cases/1956/58
The 29th Annual Review of the Field of National Security Law CLE Conference https://www.americanbar.org/events-cle/mtg/inperson/379294007/
Robert Litt is of Counsel at Morrison & Foerster https://www.mofo.com/people/robert-litt.html
The black letter law and articles referenced in this episode are: Report of the House Oversight Committee “Corporate and Foreign Interests Behind White House Push to Transfer U.S. Nuclear Technology to Saudi Arabia” https://oversight.house.gov/sites/democrats.oversight.house.gov/files/Trump%20Saudi%20Nuclear%20Report%20July%202019.pdf Part 810 Agreement Authority https://www.energy.gov/nnsa/10-cfr-part-810 Section 123 of the U.S. Atomic Energy Act https://www.oecd-nea.org/law/nlbfr/documents/087_090_USAtomicEnergyAct.pdf Lawfare, “Why Flynn’s Nuclear Advocacy Was So Dangerous” https://www.lawfareblog.com/why-flynns-nuclear-advocacy-was-so-dangerous 29th Annual Review of the Field of National Security Law Conference https://www.americanbar.org/events-cle/mtg/inperson/379294007/ Mieke Eoyang is the Vice President for Third Way’s National Security Program https://www.thirdway.org/about/leadership/mieke-eoyang Jackie Kempfer is a Policy Advisor for Third Way’s Climate and Energy Program https://www.thirdway.org/about/staff/jackie-kempfer
The black letter law and articles in this episode:
Whistleblowers, Leaks, and the Media: The First Amendment and National Security https://www.americanbar.org/products/inv/book/137391052/
Unclassified Anonymous Whistleblower Complaint https://www.lawfareblog.com/house-intelligence-committee-releases-whistleblower-complaint
Intelligence Community Whistleblower Act of 1998 https://www.congress.gov/bill/105th-congress/house-bill/3829
Intelligence Community Whistleblowers Protections CRS Report https://fas.org/sgp/crs/intel/R45345.pdf
Washington Post, “As Trump lashes out at whistleblower, analysts fear law offers meager protection” https://www.washingtonpost.com/national-security/as-trump-lashes-out-at-whistleblower-analysts-fear-law-offers-meager-protection/2019/09/30/fb2ffd82-e3b7-11e9-a6e8-8759c5c7f608_story.html
Whistleblower Protection Enhancement Act of 2012 https://www.govinfo.gov/content/pkg/BILLS-112s743enr/pdf/BILLS-112s743enr.pdf
Intelligence Identities Protection Act of 1982 https://www.intelligence.senate.gov/laws/intelligence-identities-protection-act-1982
29th Annual Review of the Field of National Security Law https://www.americanbar.org/events-cle/mtg/inperson/379294007/
Bradley Moss is a Partner at the Law Offices of Mark Zaid, PC https://markzaid.com/moss/
The black letter law and articles discussed in this episode are 10 USC 467 https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section467#=0&edition=prelim Cosmos Iriduim Collision: Space News, “U.S. Satellite Destroyed in Space Collision” https://spacenews.com/u-s-satellite-destroyed-in-space-collision/ Department of Defense Artificial Intelligence Strategy https://media.defense.gov/2019/Feb/12/2002088963/-1/-1/1/SUMMARY-OF-DOD-AI-STRATEGY.PDF Defense News, “SPACECOM is a go: Newest combatant command signed into existence” https://www.defensenews.com/space/2019/08/29/spacecom-is-a-go-newest-combatant-command-signed-into-existence/ Tom Monheim is the General Counsel of the National Geospatial-Intelligence Agency https://www.americanbar.org/content/dam/aba/administrative/law_national_security/monheim-bio.pdf
The black letter law and links referenced in this episode are: 29th Annual Review of the Field of National Security Law Conference https://www.americanbar.org/events-cle/mtg/inperson/379294007/ Financial Times, “Policymakers rethink everything at Jackson Hole” https://www.ft.com/content/360028ba-c702-11e9-af46-b09e8bfe60c0 Secretary Jack Lew’s 2016 speech to the Carnegie Endowment for International Peace https://carnegieendowment.org/2016/03/30/u.s.-treasury-secretary-jacob-j.-lew-on-evolution-of-sanctions-and-lessons-for-future-event-5191 International Emergency Economic Powers Act (IEEPA) https://www.treasury.gov/resource-center/sanctions/Documents/ieepa.pdf 50 USC 1701 Sanctions Authority https://www.law.cornell.edu/uscode/text/50/1701 Countering America’s Adversaries Through Sanctions Act (CAATSA) https://www.congress.gov/115/plaws/publ44/PLAW-115publ44.pdf USA PATRIOT ACT Section 314 A & B https://www.fincen.gov/section-314a https://www.fincen.gov/section-314b Brian Egan is a Partner at Steptoe & Johnson https://www.steptoe.com/en/lawyers/brian-egan.html
The black letter law and articles in this episode are: Report of the Senate Select Committee on Intelligence: Russian Active Measures Campaigns and Interference in the 2016 U.S. Elections https://www.intelligence.senate.gov/sites/default/files/documents/Report_Volume1.pdf Homeland Security Act of 2002 https://www.dhs.gov/sites/default/files/publications/hr_5005_enr.pdf Securing America’s Federal Elections Act (SAFE Act) H.R. 2722 https://www.congress.gov/116/bills/hr2722/BILLS-116hr2722rfs.pdf GCA Cybersecurity Toolkit for Elections https://gcatoolkit.org/elections/ NSLT episode on Protecting Democratic Institutions with Suzanne Spaulding and Elizabeth Rindskopf Parker https://soundcloud.com/nsltoday/protecting-democratic-institutions-part-1-with-suzanne-spaulding-and-elizabeth-rindksopf-parker Andrew Borene is a former member of the Standing Committee on Law and National Security Advisory Committee. Megan Stifel is the founder of Silicon Harbor Consultants https://www.atlanticcouncil.org/about/experts/list/megan-stifel
The black letter law and articles in this episode are: Report of the Senate Select Committee on Intelligence: Russian Active Measures Campaigns and Interference in the 2016 U.S. Elections https://www.intelligence.senate.gov/sites/default/files/documents/Report_Volume1.pdf
Center for Internet Security Handbook for Elections Infrastructure Security https://www.cisecurity.org/wp-content/uploads/2018/03/CIS-Elections-Handbook-19-March-Single-Pgs.pdf
Federal Elections Commissioner Matthew Peterson steps down https://www.cnn.com/2019/08/26/politics/fec-in-limbo-ahead-of-2020-election/index.html
Presidential Decision Directive 63 on Critical Infrastructure Protection https://www.govinfo.gov/content/pkg/FR-1998-08-05/pdf/98-20865.pdf
Multi-State ISAC (MS-ISAC) https://www.cisecurity.org/ms-isac/
Election Infrastructure ISAC (EI-ISAC) https://www.cisecurity.org/ei-isac/
Albert Sensors https://www.cisecurity.org/services/albert-network-monitoring/
Andrew Borene is a former member of the Standing Committee on Law and National Security Advisory Committee. Megan Stifel is the founder of Silicon Harbor Consultants
This podcast references:
Full Audio: Law Firm Cybersecurity Requirements You Never Dreamed Of: Emerging Threats, Ethical Obligations to Clients, and Survival Tactics https://bcove.video/30hd9c7
29th Annual Review of the Field of National Security Law Conference Registration https://www.americanbar.org/events-cle/mtg/inperson/379294007/
Breakfast with Thomas Monheim, Sept 17 https://www.americanbar.org/events-cle/mtg/inperson/381239204/
The 29th Annual Review of the Field of National Security Law Conference https://www.americanbar.org/events-cle/mtg/inperson/379294007/
Gilman Louie is a Partner at Alsop Louie Partners https://www.alsop-louie.com/team/gilman-louie/
Harvey Rishikof is the former chair of the Standing Committe on Law and National Security Advisory Committee https://www.law.temple.edu/contact/harvey-rishikof/
Herb Lin is a Senior Research Scholar at the Center for International Security and Cooperation and a Fellow in Cyber Policy and Security at the Hoover Institution https://www.hoover.org/profiles/herbert-lin
Dina Temple-Raston is a Special Correspondent at NPR https://www.npr.org/people/11209543/dina-temple-raston
Registration and information for the 29th Annual Review of the Field of National Security Law CLE Conference https://www.americanbar.org/events-cle/mtg/inperson/379294007/
Gilman Louie is a Partner at Alsop Louie Partners https://www.alsop-louie.com/team/gilman-louie/
The black letter law and articles in this episode: Mary McCord in Foreign Policy “The Law Should Treat Domestic Terror as the Equivalent of International Terror” http://foreignpolicy.com/2017/08/22/the-law-should-treat-domestic-terror-as-the-equivalent-of-international-terror/ Terrorism Definitions https://www.law.cornell.edu/uscode/text/18/2331 Material Support Statute(s) https://www.law.cornell.edu/uscode/text/18/2339A https://www.law.cornell.edu/uscode/text/18/2339B List of Foreign Terrorist Organizations https://www.state.gov/j/ct/rls/other/des/123085.htm FBI DIOG (Domestic Investigations and Operations Guide) https://vault.fbi.gov/FBI%20Domestic%20Investigations%20and%20Operations%20Guide%20%28DIOG%29 https://vault.fbi.gov/FBI%20Domestic%20Investigations%20and%20Operations%20Guide%20%28DIOG%29/fbi-domestic-investigations-and-operations-guide-diog-2013-version/FBI%20Domestic%20Investigations%20and%20Operations%20Guide%20%28DIOG%29%202013%20Version%20Part%2001%20of%2001/view Karen Greenberg on NBC “A Domestic Terrorism Statute Is Federal Overreach, Not Justice” https://www.nbcnews.com/think/opinion/domestic-terrorism-statute-federal-overreach-not-justice-ncna814826 ICAP Williams Case Brief https://www.law.georgetown.edu/icap/wp-content/uploads/sites/32/2018/04/williams-brief.pdf SCOTUSblog “Justice delayed or justice denied?” http://www.scotusblog.com/2018/05/justice-delayed-or-justice-denied/ Washington Post “He was 16 when Louisiana charged him with murder. Two decades later, he’s free.” https://www.washingtonpost.com/news/post-nation/wp/2018/05/22/he-was-16-when-louisiana-charged-him-with-murder-two-decades-later-hes-free/ Mary McCord and Douglas Letter in the Washington Post “How mistakes by state and local prosecutors can lead to unfair trials” https://www.washingtonpost.com/news/posteverything/wp/2018/05/22/how-mistakes-by-state-and-local-prosecutors-can-lead-to-unfair-trials/ Mary McCord is a Senior Litigator from Practice at the Institute for Constitutional Advocacy and Protection at Georgetown Law https://www.law.georgetown.edu/faculty/mary-mccord/
The articles referenced in this episode are:
We Need An American Alternative to Huawei, Jeff Ferry https://www.prosperousamerica.org/we_need_an_american_alternative_to_huawei
Top Ten Cases of Chinese IP Theft, Jeff Ferry https://www.prosperousamerica.org/top_ten_cases_of_chinese_ip_theft
Jeff Ferry is the Chief Economist at the Coalition for a Prosperous America https://www.prosperousamerica.org/jeff_ferry
The black letter law and articles on this topic: Ransomware attacks in Georgia impact courts, cities, and police operations, Atlanta Journal Constitution https://www.ajc.com/news/local/lawrenceville-henry-county-recovery-mode-after-cyber-attack/KSxlFBnQScAhrGti8NQZCO/ Congressional testimony of Robert Mueller https://www.c-span.org/video/?462628-1/robert-mueller-congressional-testimony Report on the Investigation Into Russian Interference In The 2016 Presidential Election https://www.justice.gov/storage/report.pdf Bilateral meeting between President Trump and Prime Minister Khan https://www.whitehouse.gov/briefings-statements/remarks-president-trump-prime-minister-khan-islamic-republic-pakistan-bilateral-meeting/ Huawei assisted North Korea in building its wireless network, Washington Post https://www.washingtonpost.com/world/national-security/leaked-documents-reveal-huaweis-secret-operations-to-build-north-koreas-wireless-network/2019/07/22/583430fe-8d12-11e9-adf3-f70f78c156e8_story.html India successfully launched the Chandrayaan-2 rocket, Space.com https://www.space.com/40136-chandrayaan-2.html Apollo 11 light show on the Washington Monument, DCist https://dcist.com/story/19/07/22/half-a-million-people-watched-the-moon-landing-projection-on-the-washington-monument/ Defending America’s Place In Space: Future Threats and Rules https://www.americanbar.org/content/dam/aba/administrative/law_national_security/january-2019-space-report.pdf David Marcus of Facebook’s Libra digital currency testified to the Senate Banking Committee https://www.c-span.org/video/?462671-1/lawmakers-question-facebook-official-proposed-digital-currency And testimony to the House Financial Services Committee https://www.c-span.org/video/?462708-4/facebook-digital-currency Bank Secrecy Act Statutes https://www.fincen.gov/resources/fincens-mandate-congress
What are the concerns over FaceApp, Yahoo news https://news.yahoo.com/the-privacy-panic-over-face-app-230003206.html The threat of deepfakes, Washington Post https://www.washingtonpost.com/technology/2019/06/12/top-ai-researchers-race-detect-deepfake-videos-we-are-outgunned/ Audio deepfakes have been used to defraud companies, Axios https://www.axios.com/the-coming-deepfakes-threat-to-businesses-308432e8-f1d8-465e-b628-07498a7c1e2a.html FincCEN advisory on email compromise fraud schemes https://www.fincen.gov/sites/default/files/advisory/2019-07-16/Updated%20BEC%20Advisory%20FINAL%20508.pdf Angela Hinton is the former Chief Counsel, City of Atlanta Department of Law
The black letter law and articles in this episode are: Documentaries: Tidewater and Age of Consequences https://www.amresproject.org/tidewater-film http://theageofconsequences.com/ Report from Brown University, Pentagon Fuel Use, Climate Change and the Costs of War https://watson.brown.edu/costsofwar/files/cow/imce/papers/2019/Pentagon%20Fuel%20Use,%20Climate%20Change%20and%20the%20Costs%20of%20War%20Final.pdf Mark Nevitt, Just Security, Climate Change: Our Greatest National Security Threat? (2019) https://www.justsecurity.org/63673/climate-change-our-greatest-national-security-threat/ Mark Nevitt, The Commander in Chief’s Authority to Combat Climate Change (Cardozo Law Review) https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2597396 Mark Nevitt and Robert V. Percival, Polar Opposites: Assessing the State of Environmental Law in the Polar Regions (Boston College Law Review) https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3033890 2019 Department of Defense Arctic Strategy https://media.defense.gov/2019/Jun/06/2002141657/-1/-1/1/2019-DOD-ARCTIC-STRATEGY.PDF Center for Naval Analysis, National Security and the Accelerating Risks of Climate Change (2014) https://www.cna.org/cna_files/pdf/MAB_5-8-14.pdf Center for Climate Security https://climateandsecurity.org/
Mark Nevitt is a Sharswood Fellow teaching at the University of Pennsylvania Law School
The black letter law and articles in this episode are:
Report from Brown University, Pentagon Fuel Use, Climate Change and the Costs of War The Fourth National Climate Assessment Summary Findings Mark Nevitt, Just Security, Climate Change: Our Greatest National Security Threat? (2019) Climate Change Adaptation Roadmap (2014) Juliana, et al. v. United States of America, et al court orders
Mark Nevitt is a Sharswood Fellow teaching at the University of Pennsylvania Law School
The black letter law and articles discussed in this episode are:
CIA Job Portal https://www.cia.gov/careers/opportunities The National Security Act of 1947 https://www.cia.gov/library/readingroom/docs/1947-07-26.pdf
Carol, Richard, and Craig are members of the Central Intelligence Agency’s Office of General Counsel
This episode references: The Framework for OFAC Compliance https://www.treasury.gov/resource-center/sanctions/Documents/framework_ofac_cc.pdf Andrea Gacki is the Director of the Office of Foreign Assets Control at the Department of the Treasury
The black letter law and articles discussed in this episode are: Yaya Fanusie’s Testimony to the House Armed Services Committee “Survey of Terrorist Groups and Their Means of Financing” https://financialservices.house.gov/uploadedfiles/09.07.2018_yaya_fanusie_testimony.pdf Cryptocurrency guidance and frameworks from FinCen – https://www.fincen.gov/sites/default/files/2019-05/FinCEN%20Guidance%20CVC%20FINAL%20508.pdf CFTC - https://www.cftc.gov/Bitcoin/index.htm CFPB - https://files.consumerfinance.gov/f/201408_cfpb_consumer-advisory_virtual-currencies.pdf SEC - https://www.sec.gov/news/public-statement/statement-framework-investment-contract-analysis-digital-assets IRS - https://www.irs.gov/businesses/small-businesses-self-employed/virtual-currencies Inca Digital Securities https://www.incas.ec/ Yaya Fanusie in Forbes “Stronger AML Enforcement Might Actually Save Crypto” https://www.forbes.com/sites/yayafanusie/2019/05/29/stronger-aml-enforcement-might-actually-save-crypto/#3fff011c7e78 Liberty Reserve cryptocurrency money laundering indictment https://www.justice.gov/opa/pr/founder-liberty-reserve-pleads-guilty-laundering-more-250-million-through-his-digital Indictment for providing cryptocurrency “shadow banking services” https://www.justice.gov/usao-sdny/pr/arizona-man-and-israeli-woman-charged-connection-providing-shadow-banking-services Yaya Fanusie is a Fellow at the Foundation for Defense of Democracies https://www.fdd.org/team/yaya-j-fanusie/ Michael Sachs is the Executive Assistant District Attorney and Chief of the Investigation Division for the New York County District Attorney’s Office https://www.manhattanda.org/about-the-office/executive-team/ Adam Zarazinski is the CEO of Inca Digital Securities https://www.incas.ec/about/
This episode references:
Italy signing a Belt and Road MOU https://www.cfr.org/article/chinas-belt-and-road-gets-win-italy Sri Lanka turns over operations of a port to China https://www.nytimes.com/2018/06/25/world/asia/china-sri-lanka-port.html Dubai Ports World suing Djibouti and China Merchants over port access https://qz.com/africa/1560998/djibouti-dp-world-port-case-challenges-chinas-belt-and-road/ CSIS Report “The Higher Road: Forging a U.S. Strategy for the Global Infrastructure Challenge” https://www.csis.org/higherroad Jonathan Hillman is the Director of the Reconnecting Asia Project at the Center for Strategic and International Studies https://www.csis.org/people/jonathan-e-hillman
This episode references: Beyond the Ballot: How the Kremlin Works to Undermine the U.S. Justice System https://csis-prod.s3.amazonaws.com/s3fs-public/publication/190430_RussiaUSJusticeSystem_v3_WEB_FULL.pdf Democracy and Justice in the Age of Disinformation video: https://www.youtube.com/watch?v=UiyCZC4lnVA&feature=youtu.be Lara Flint is the Director of the Governance Program at Democracy Fund Seth Jones is the Director of the Transnational Threats Project and Senior Adviser at the International Security Program at CSIS https://www.csis.org/people/seth-g-jones Sujit Raman is an Associate Deputy Attorney General in the U.S. Department of Justice Suzanne Spaulding is a Senior Adviser at the Homeland Security and International Security Programs at CSIS https://www.csis.org/people/suzanne-spaulding Harvey Rishikof is the Chair of the ABA Standing Committee on Law and National Security Advisory Committee https://www.law.temple.edu/contact/harvey-rishikof/
This episode references: Full audio for “Supply Chain Security is National Security” https://players.brightcove.net/1866680404001/S14I6jSOz_default/index.html?playlistId=6010694955001 Deliver Uncompromised: A Strategy for Supply Chain Security and Resilience in Response to the Changing Character of War https://www.mitre.org/sites/default/files/publications/pr-18-2417-deliver-uncompromised-MITRE-study-26AUG2019.pdf Joyce Corell is the Assistant Director of the Supply Chain and Cyber Directorate at the National Counterintelligence and Security Center Stephen Preston is a partner at WilmerHale https://www.wilmerhale.com/en/people/stephen-preston Harvey Rishikof is the Chair of the Aba Standing Committee on Law and National Security Advisory Committee https://www.law.temple.edu/contact/harvey-rishikof/
This episode references: The 2019 U.S. Intelligence Community Law Sourcebook https://www.americanbar.org/products/inv/book/364823968/ “The American Way” Book Reception on May 22 https://nationalsecurity.gmu.edu/ic10/ Andrew Borene is the Senior Director of the Federal National Security Group at Symantec https://intelligencecommunitynews.com/andrew-borene-joins-symantecs-federal-national-security-group/ Harvey Rishikof is the Chair of the ABA Standing Committee on Law and National Security Advisory Committee https://www.law.temple.edu/contact/harvey-rishikof/
The black letter law and articles referenced in this episode: Report on the Investigation Into Russian Interference In The 2016 Presidential Election https://www.justice.gov/storage/report.pdf “Equitable Tolling and the Prosecution of a President” on Lawfare https://www.lawfareblog.com/equitable-tolling-and-prosecution-president Julian Assange Indictment https://www.justice.gov/opa/press-release/file/1153486/download Greg Craig criminal referral for FARA violations https://www.justice.gov/opa/press-release/file/1153651/download “Bill Barr’s Actions on the Mueller Report” on Lawfare https://www.lawfareblog.com/bill-barrs-actions-mueller-report-response-jack-goldsmith Stewart Baker is a partner at Steptoe & Johnson https://www.steptoe.com/en/lawyers/stewart-baker.html Jamil Jaffer is the founder of the National Security Institute at George Mason University https://www.law.gmu.edu/faculty/directory/fulltime/jaffer_jamil_n Harvey Rishikof is the Chair of the Aba Standing Committee on Law and National Security Advisory Committee https://www.law.temple.edu/contact/harvey-rishikof/ Mark Zaid is the managing partner of The Law Offices of Mark Zaid https://markzaid.com/zaid/
The black letter law and articles referenced in this episode: Report on the Investigation Into Russian Interference In The 2016 Presidential Election https://www.justice.gov/storage/report.pdf Order 3915-2017: Appointment of Special Counsel to Investigate Russian Interference with the 2016 Presidential Election and Related Matters https://www.justice.gov/opa/press-release/file/967231/download 28 U.S. Code § 509 https://www.law.cornell.edu/uscode/text/28/509 28 U.S. Code § 510 https://www.law.cornell.edu/uscode/text/28/510 28 U.S. Code § 515 https://www.law.cornell.edu/uscode/text/28/515 28 CFR Part 600 – General Powers of a Special Counsel https://www.govinfo.gov/content/pkg/CFR-2016-title28-vol2/pdf/CFR-2016-title28-vol2-part600.pdf Department of Justice Office of Legal Counsel Memos on indicting a sitting president from 1973 https://fas.org/irp/agency/doj/olc/092473.pdf Second Memo from 2000 https://www.justice.gov/file/19351/download Stewart Baker is a partner at Steptoe & Johnson https://www.steptoe.com/en/lawyers/stewart-baker.html Jamil Jaffer is the founder of the National Security Institute at George Mason University https://www.law.gmu.edu/faculty/directory/fulltime/jaffer_jamil_n Harvey Rishikof is the Chair of the Aba Standing Committee on Law and National Security Advisory Committee https://www.law.temple.edu/contact/harvey-rishikof/ Mark Zaid is the managing partner of The Law Offices of Mark Zaid https://markzaid.com/zaid/
The black letter law and articles on this topic are: Panel IX – Social Media: 2020 at the 28th Annual Review of the Field of National Security Law Conference https://bcove.video/2DJ50Vj LikeWar by Peter Singer https://www.amazon.com/LikeWar-Weaponization-P-W-Singer/dp/1328695743 Government Access to and Manipulation of Social Media: Legal and Policy Challenges by Rachel Levinson-Waldman https://www.brennancenter.org/sites/default/files/publications/images/RLW_HowardLJ_Article.pdf
The black letter law and articles discussed in this episode: Coverage of the trials In the Washington post: https://www.washingtonpost.com/archive/politics/1977/09/07/12-hanafis-given-stiff-sentences/703ca3b3-ccb8-4a78-844c-49b7ecc52fcf/?utm_term=.ef0ba7902ad5 In the New York Times: https://www.nytimes.com/1977/03/12/archives/12-moslems-facing-kidnapping-charges-after-end-of-siege-leader.html In the matter of world trade center bombing litigation 93 N.Y.2d 1, 709 N.E.2d 452, 686 N.Y.S.2d 743 (1999). https://www.law.cornell.edu/nyctap/I99_0007.htm Hamaas Abdul Khaalis and unsuccessfully appealed in 1979 Khaalis v. United States 408 A.2d 313 (1979) https://law.justia.com/cases/district-of-columbia/court-of-appeals/1979/12748-2.html Mark Tuohey is of counsel at BakerHostetler and served as an Assistant U.S. Attorney during the 1977 Hanafi Siege https://www.bakerlaw.com/MarkHTuohey Pat Collins is a reporter at NBC4 Washington and covered the news in Washington DC at the Washington Daily News, Channel 9 WTOP, and WJLA https://www.nbcumv.com/talent/pat-collins/bios_read_more?show=151131 Pat Collins on Twitter: https://twitter.com/patcollins4
The black letter law and articles discussed in this episode: Hanafi Murder trial Appeal from three of the perpetrators in Christian v. United States 394 A.2d 1 (1978) https://law.justia.com/cases/district-of-columbia/court-of-appeals/1978/8809-8811-3.html
Max Robinson was the news anchor for WTOP in Washington DC at the time of the siege https://www.washingtonpost.com/archive/lifestyle/1978/06/01/max-robinson-signs-off/f4177139-8756-4429-a4ca-3f4e051b6d0f/
Trial of Hamaas Abdul Khaalis and co-conspirators 12 Convicted in 1977 https://www.washingtonpost.com/archive/politics/1977/09/07/12-hanafis-given-stiff-sentences/703ca3b3-ccb8-4a78-844c-49b7ecc52fcf/?utm_term=.ef0ba7902ad5 An unsuccessful appeal in 1979 Khaalis v. United States 408 A.2d 313 (1979) https://law.justia.com/cases/district-of-columbia/court-of-appeals/1979/12748-2.html
Mark Tuohey is of counsel at BakerHostetler and served as an Assistant U.S. Attorney during the 1977 Hanafi Siege https://www.bakerlaw.com/MarkHTuohey
Pat Collins is a reporter at NBC4 Washington and covered the news in Washington DC at the Washington Daily News, Channel 9 WTOP, and WJLA https://www.nbcumv.com/talent/pat-collins/bios_read_more?show=151131 Pat Collins on Twitter: https://twitter.com/patcollins4
The black letter law and articles discussed in this episode are: Attorney General William Barr’s Summary of the Muller Report to Congress https://judiciary.house.gov/sites/democrats.judiciary.house.gov/files/documents/AG%20March%2024%202019%20Letter%20to%20House%20and%20Senate%20Judiciary%20Committees.pdf Federal Rules of Criminal Procedure Rule 6e https://www.law.cornell.edu/rules/frcrmp/rule_6 Carter Page FISA Application https://www.lawfareblog.com/document-justice-department-releases-carter-page-fisa-application Indictment of Thirteen Russians for attempting to interfere in the US Political System https://www.justice.gov/opa/pr/grand-jury-indicts-thirteen-russian-individuals-and-three-russian-companies-scheme-interfere Senate Intelligence Committee joint response to the Intelligence Community Assessment on Russian election interference https://www.intelligence.senate.gov/publications/committee-findings-2017-intelligence-community-assessment Jamil Jaffer is the founder of the National Security Institute at George Mason University https://www.law.gmu.edu/faculty/directory/adjunct/jaffer_jamil_n
The Interim Report of the National Commission on Military, National and Public Service https://www.inspire2serve.gov/reports/interim
Avril Haines is a member of the National Commission on Military, National and Public Service, a Senior Research Scholar at Columbia Univeristy World Projects, and the former Deputy National Security Adviser.
Paul Lekas is the General Counsel and Chief Legal Officer for the Commission.
The black letter law and articles in this episode are: The Foreign Agents Registration Act (FARA) https://www.govinfo.gov/content/pkg/USCODE-2009-title22/pdf/USCODE-2009-title22-chap11-subchapII.pdf Hitler’s American Friends: The Third Reich’s Supporters in the United States https://www.publishersweekly.com/978-1-250-14895-7 China Global Television Network (CGTN) registered as a foreign agent https://www.thedailybeast.com/under-pressure-from-us-authorities-state-owned-chinese-tv-network-registers-as-foreign-agent “When is a TV Channel a Foreign Agent” in the Atlantic Magazine https://www.theatlantic.com/international/archive/2015/04/rt-lobbyist-russia-putin-media/390621/ United States v. Peace Information Center, 97 F. Supp. 255 (D.D.C. 1951) https://law.justia.com/cases/federal/district-courts/FSupp/97/255/2247887/ Paul Manafort Sentencing (Eastern District of Virginia only) https://www.nytimes.com/2019/03/08/us/politics/manafort-sentencing-ellis.html Skadden Arps FARA Settlement with the Departmetn of Justice https://www.justice.gov/opa/press-release/file/1124381/download Assessing Russian Activities and Intentions in Recent U.S. Elections (Declassified Version) https://www.dni.gov/files/documents/ICA_2017_01.pdf OIG Audit of the Department of Justice’s FARA Enforcement Unit https://oig.justice.gov/reports/2016/a1624.pdf Summary of the Audit: https://oig.justice.gov/press/2016/2016-09-07.pdf FARA reform bills from: Sen. Chuck Grassley https://www.grassley.senate.gov/news/news-releases/sen-grassley-rep-johnson-introduce-bill-shine-light-foreign-influences Sen. Dianne Feinstein https://www.feinstein.senate.gov/public/index.cfm/press-releases?ID=2DC67701-9D40-4068-9D21-4E5442748FF9 Dr. Bradley Hart is an Assistant Professor at Fresno State University and the author of “Hitler’s American Friends” http://www.fresnostate.edu/artshum/mcj/faculty-staff/faculty/bradley-hart.html Kathleen Kedian is a Senior Counsel at Raytheon Company and a Professorial Lecturer in Law at George Washington University Law School. She served as Principal Deputy Chief of the Counterintelligence and Export Control Section and Chief of the Counterespionage Section of the US Department of Justice National Security Division.
The black letter law and articles in this episode are: The Foreign Agents Registration Act (FARA) https://www.govinfo.gov/content/pkg/USCODE-2009-title22/pdf/USCODE-2009-title22-chap11-subchapII.pdf Hitler’s American Friends: The Third Reich’s Supporters in the United States https://www.publishersweekly.com/978-1-250-14895-7 The Sedition Act of 1918 http://www.legisworks.org/congress/65/publaw-150.pdf Abrams v. United States 250 US 616 (1919) https://www.oyez.org/cases/1900-1940/250us616 Alien Registration Act of 1940 or The Smith Act https://www.law.cornell.edu/uscode/text/18/2385 Viereck v. United States, 318 U.S. 236 (1943) https://supreme.justia.com/cases/federal/us/318/236/ A Night at the Garden short film https://anightatthegarden.com/ The Official German Report http://www.gbv.de/dms/sub-hamburg/44666104X.pdf Dennis v. United States, 341 U.S. 494 (1951) https://www.oyez.org/cases/1940-1955/341us494 Yates v. United States, 354 U.S. 298 (1957) https://www.oyez.org/cases/1956/6 Dr. Bradley Hart is an Assistant Professor at California State University, Fresno and the author of “Hitler’s American Friends” http://www.fresnostate.edu/artshum/mcj/faculty-staff/faculty/bradley-hart.html Kathleen Kedian is a Senior Counsel at Raytheon Company and a Professorial Lecturer in Law at George Washington University Law School. She served as Principal Deputy Chief of the Counterintelligence and Export Control Section and Chief of the Counterespionage Section of the US Department of Justice National Security Division.
This episode references: The 2019 National Intelligence Strategy https://www.dni.gov/files/ODNI/documents/National_Intelligence_Strategy_2019.pdf Corin Stone is Deputy Director of National Intelligence for Strategy & Engagement https://www.dni.gov/index.php/who-we-are/leadership/deputy-dni-strategy-engagement
The articles and references discussed in this episode are: The 28th Annual Review of the Field of National Security Law Conference https://www.americanbar.org/groups/public_services/law_national_security/events_cle/past_event_info_materials/28arc/ Defending Democratic Institutions project at CSIS https://www.csis.org/programs/international-security-program/defending-democratic-institutions “U.S. Cyber Command operation disrupted Internet access of Russian troll factory on day of 2018 midterms” in the Washington Post https://www.washingtonpost.com/world/national-security/us-cyber-command-operation-disrupted-internet-access-of-russian-troll-factory-on-day-of-2018-midterms/2019/02/26/1827fc9e-36d6-11e9-af5b-b51b7ff322e9_story.html?utm_term=.e6188b5b6ca1 Suzanne Spaulding is a Senior Adviser in the Homeland Security and International Security Programs at the Center for Strategic and International Studies (CSIS) https://www.csis.org/people/suzanne-spaulding
Michael Chertoff is the Executive Chairman of the Chertoff Group https://www.chertoffgroup.com/team/michael-chertoff His recent book is Exploding Data: Reclaiming our Cyber Security in the Digital Age https://www.amazon.com/Exploding-Data-Reclaiming-Security-Digital/dp/0802127932 For more on the 28th Annual Review of the Field of National Security Law Conference https://www.americanbar.org/groups/public_services/law_national_security/events_cle/past_event_info_materials/28arc/
The black letter law and articles discussed in this episode are: Olmstead v. United States 277 US 438 (1928) https://www.oyez.org/cases/1900-1940/277us438 Katz v. United States 389 U.S. 347 (1967) https://www.oyez.org/cases/1967/35 US v. US District Court (Keith case) 407 US 297 (1972) https://www.oyez.org/cases/1971/70-153 Foreign Intelligence Surveillance Act of 1978 (FISA) text https://legcounsel.house.gov/Comps/Foreign%20Intelligence%20Surveillance%20Act%20Of%201978.pdf Carpenter v. United States 585 US _ (2018) https://www.scotusblog.com/case-files/cases/carpenter-v-united-states-2/ US v Jones 565 US _ (2012) https://www.scotusblog.com/case-files/cases/united-states-v-jones/ Riley v California 573 US _ (2014) https://www.scotusblog.com/case-files/cases/riley-v-california/ Germany directing Facebook to stop data aggregation https://uk.reuters.com/article/us-facebook-germany/germany-to-restrict-facebooks-data-gathering-activities-idUKKCN1PW0SW California Consumer Privacy Act A.B. 375 https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201720180AB375 “The Fourth Amendment in the Information Age” by Robert Litt in the Yale Law Review https://www.yalelawjournal.org/forum/fourth-amendment-information-age Robert Litt is of counsel at Morrison & Foerster https://www.mofo.com/people/robert-litt.html
The black letter law and articles in this episode are: Judgement in Colvin v. Syrian Arab Republic https://ecf.dcd.uscourts.gov/cgi-bin/show_public_doc?2016cv1423-59 “U.S. Court Orders Syria To Pay $300 Million For Killing Of Journalist Marie Colvin” on NPR, featuring a picture of Colvin and her distinctive eyepatch https://www.npr.org/2019/01/31/690325322/u-s-court-orders-syria-to-pay-300-million-for-killing-of-journalist-marie-colvin Letelier v. Republic of Chile, 488 F. Supp. 655 (D.D.C 1980) https://law.justia.com/cases/federal/district-courts/FSupp/488/665/1400196/ Von Dardel v. Union of Soviet Socialist Republics 623 F. Supp. 246 (D.D.C. 1985), brought on behalf of Raoul Wallenburg https://law.justia.com/cases/federal/district-courts/FSupp/623/246/1514345/ Von Dardel v. Union of Soviet Socialist Republics 736 F. Supp. 1 (D.D.C. 1990), default judgement vacated https://law.justia.com/cases/federal/district-courts/FSupp/736/1/1884255/ 28 USC 1605A (a) 1, the Terrorism Exception to the Foreign Sovereign Immunities Act https://www.law.cornell.edu/uscode/text/28/1605A Settlement with the PLO in the Leon Klinghoffer case https://www.washingtonpost.com/archive/politics/1996/01/19/plo-agrees-to-settlement-of-lawsuit-over-achille-lauro-slaying/a3d42bb7-8b48-43a1-a081-1aae3b055318/ State Sponsors of Terrorism List https://www.state.gov/j/ct/list/c14151.htm Flatow v. Islamic Republic of Iran, 999 F. Supp. 1 (D.D.C. 1999) https://law.justia.com/cases/federal/district-courts/FSupp/999/1/2267352/ Algiers Accords of 1981 http://www.parstimes.com/history/algiers_accords.pdf Mark Zaid is the managing partner of The Law Offices of Mark Zaid https://markzaid.com/zaid/
The black letter law and articles on this topic are: Panel IX – Social Media: 2020 at the 28th Annual Review of the Field of National Security Law Conference https://bcove.video/2DJ50Vj LikeWar by Peter Singer https://www.amazon.com/LikeWar-Weaponization-P-W-Singer/dp/1328695743 Trump-Russia Investigations: A Guide by Rachel Levinson-Waldman https://www.brennancenter.org/sites/default/files/publications/Trump-Russia%20Investigations_0.pdf Pew Research Study “Activism in the Social Media Age” http://www.pewinternet.org/2018/07/11/activism-in-the-social-media-age/ Interagency Active Measures Working Group https://www.lawfareblog.com/active-measures-working-group FISAbot https://twitter.com/fisabot Partisanship, Propaganda, and Disinformation: Online Media and the 2016 U.S. Presidential Election https://cyber.harvard.edu/publications/2017/08/mediacloud Peter Singer is Strategist and Senior Fellow at New America https://www.newamerica.org/our-people/peter-warren-singer/ Rachel Levinson-Waldman is Senior Counsel at the Brennan Center’s Liberty and National Security Program https://www.brennancenter.org/expert/rachel-levinson-waldman
The black letter law and articles discussed in this episode are: National Emergencies Act of 1976 https://www.govinfo.gov/content/pkg/STATUTE-90/pdf/STATUTE-90-Pg1255.pdf Clinton v. City of New York 524 US 417 (1998) https://www.oyez.org/cases/1997/97-1374 INS v. Chadha 462 US 919 (1983) https://www.oyez.org/cases/1981/80-1832 Communications Act of 1934 as amended. Section 706 is found on page 323 https://transition.fcc.gov/Reports/1934new.pdf List of 58 declared national emergencies https://www.brennancenter.org/sites/default/files/analysis/NEA%20Declarations.pdf 50 USC 35 International Emergency Economic Powers Act https://www.treasury.gov/resource-center/sanctions/documents/ieepa.pdf Can President Trump Fund the Wall by Declaring a National Emergency? By Prof. Bobby Chesney on Lawfare https://www.lawfareblog.com/can-president-trump-fund-wall-declaring-national-emergency Declaring an Emergency to Build a Border Wall: The Statutory Arguments by Margaret Taylor on Lawfare https://www.lawfareblog.com/declaring-emergency-build-border-wall-statutory-arguments CRS Report for Congress on National Emergency Powers https://fas.org/sgp/crs/natsec/98-505.pdf What Can a President Do During a State of Emergency? In the Atlantic https://www.theatlantic.com/magazine/archive/2019/01/presidential-emergency-powers/576418/ NSLT episodes on sanctions and IEEPA Weaponizing the Dollar with Adam Smith https://soundcloud.com/nsltoday/weaponizing-the-dollar-with-adam-smith The Summer of Sanctions with Brian Egan https://soundcloud.com/nsltoday/the-summer-of-sanctions-with-brian-egan Jamil Jaffer is the founder of the National Security Institute at George Mason University https://www.law.gmu.edu/faculty/directory/adjunct/jaffer_jamil_n Paul Rosenzweig is a senior advisor at the Chertoff Group, a lecturer at George Washington University Law School and a senior fellow at the R Street Institute https://www.rstreet.org/team/paul-rosenzweig/
The black letter law and articles on this topic are: Panel IX – Social Media: 2020 at the 28th Annual Review of the Field of National Security Law Conference https://bcove.video/2DJ50Vj LikeWar by Peter Singer https://www.amazon.com/LikeWar-Weaponization-P-W-Singer/dp/1328695743 Trump-Russia Investigations: A Guide by Rachel Levinson-Waldman https://www.brennancenter.org/sites/default/files/publications/Trump-Russia%20Investigations_0.pdf The Islamophobic Administration by Rachel Levinson-Waldman https://www.brennancenter.org/sites/default/files/publications/BCJ_Islamophobic_Administration.pdf Report on foreign influence in the 2016 election to the Senate Select Committee on Intelligence “The Tactics and Tropes of the Internet Research Agency” https://www.newknowledge.com/disinforeport Packingham v. North Carolina (2017) https://www.oyez.org/cases/2016/15-1194 Manhattan Community Access Corp v Halleck (2019) including the amici curiae briefs https://www.scotusblog.com/case-files/cases/manhattan-community-access-corp-v-halleck/ Peter Singer is Strategist and Senior Fellow at New America https://www.newamerica.org/our-people/peter-warren-singer/ Rachel Levinson-Waldman is Senior Counsel at the Brennan Center’s Liberty and National Security Program https://www.brennancenter.org/expert/rachel-levinson-waldman
The black letter law and articles discussed in this episode: Game Over Zeus botnet https://www.fbi.gov/news/stories/gameover-zeus-botnet-disrupted Sony Pictures hack https://www.washingtonpost.com/news/the-switch/wp/2014/12/18/the-sony-pictures-hack-explained/ Target hack https://www.zdnet.com/article/anatomy-of-the-target-data-breach-missed-opportunities-and-lessons-learned/ OPM hack https://www.lawfareblog.com/why-opm-hack-far-worse-you-imagine Marriott hack https://www.cbsnews.com/news/marriott-hack-more-than-5-million-passports-exposed/ 2014 indictment of five Chinese military hackers https://www.justice.gov/opa/pr/us-charges-five-chinese-military-hackers-cyber-espionage-against-us-corporations-and-labor Reports prepared for the Senate Select Committee on Intelligence on Russian activity: “The Tactics and Tropes of the Internet Research Agency” https://www.newknowledge.com/disinforeport “The IRA and Political Polarization in the United States, 2015-2017” https://comprop.oii.ox.ac.uk/research/ira-political-polarization/ Luke Dembosky is a partner at Debevoise & Plimpton https://www.debevoise.com/lukedembosky
The black letter law and articles on this topic are:
Carpenter v U.S. (2018) https://www.oyez.org/cases/2017/16-402
Carpenter Case Transcript https://www.supremecourt.gov/oral_arguments/argument_transcripts/2017/16-402_6khn.pdf
Rubin v Islamic Republic of Iran (2018) https://www.oyez.org/cases/2017/16-534
18 USC 2703 (d) https://www.law.cornell.edu/uscode/text/18/2703
U.S. v Jones (2012) https://www.oyez.org/cases/2011/10-1259
Smith v. Maryland (1979) https://www.oyez.org/cases/1978/78-5374
U.S. v Miller (1976) https://www.oyez.org/cases/1975/74-1179
NYT Report on location tracking https://www.nytimes.com/interactive/2018/12/10/business/location-data-privacy-apps.html
Right to Financial Privacy Act https://www.law.cornell.edu/uscode/text/12/chapter-35
Electronic Communications Privacy Act https://it.ojp.gov/PrivacyLiberty/authorities/statutes/1285
Katz v U.S. (1967) https://www.oyez.org/cases/1967/35
Foreign Sovereign Immunities Act https://www.govinfo.gov/content/pkg/STATUTE-90/pdf/STATUTE-90-Pg2891.pdf
National Constitution Center Resources https://constitutioncenter.org/learn/hall-pass
Jamil Jaffer’s Bio https://www.law.gmu.edu/faculty/directory/adjunct/jaffer_jamil_n
Recent appearances https://www.lawfareblog.com/cyberlaw-podcast-youll-never-know-how-evil-technology-can-be-until-engineers-deploying-it-fear-their
https://www.cnbc.com/video/2018/06/14/is-apple-doing-the-right-thing-in-closing-a-security-loophole-used-by-police.html
Glenn Gerstell is the General Counsel of the National Security Agency https://www.nsa.gov/news-features/press-room/Article/1629033/nsa-announces-glenn-s-gerstell-as-new-general-counsel/ For more on the 28th Annual Review of the Field of National Security Law Conference https://www.americanbar.org/groups/public_services/law_national_security/events_cle/past_event_info_materials/28arc/
John Carlin is a partner at Morrison & Foerster https://www.mofo.com/people/john-carlin.html
His new book is titled "Dawn of the Code War: America's Battle Against Russia, China, and the Rising Global Cyber Threat" https://www.amazon.com/Dawn-Code-War-Americas-Against-ebook/dp/B079M8813N
The black letter law and articles discussed in this episode: DoD Instruction 5000 on the acquisitions process https://www.esd.whs.mil/Portals/54/Documents/DD/issuances/dodi/500002_dodi_2015.pdf President’s Annual Defense Budget for FY 2019 https://comptroller.defense.gov/Portals/45/Documents/defbudget/fy2019/FY2019_Budget_Request_Overview_Book.pdf Air Force One’s $24 million refrigerator https://www.washingtonpost.com/news/checkpoint/wp/2018/06/05/air-force-cancels-24-million-contract-to-replace-air-force-ones-refrigerators/ Defense Federal Acquisition Regulations (DFARs) https://www.acq.osd.mil/DPAP/dars/dfarspgi/current/index.html The Navy’s ongoing “Fat Leonard” scandal https://www.navytimes.com/news/your-navy/2018/11/26/retired-admiral-and-trump-nominee-latest-to-be-censured-in-fat-leonard-scandal/ DIUx https://diux.mil/ Diana Banks is Senior Counsel at the American Bankers Association
The black letter law and articles discussed in this episode are: Hitler’s American Friends: The Third Reich’s Supporters in the United States https://www.publishersweekly.com/978-1-250-14895-7 Bradley Hart's article in The Conversation "It started with Nazis: Concerns over foreign agents not just a Trump-era phenomenon" https://theconversation.com/it-started-with-nazis-concerns-over-foreign-agents-not-just-a-trump-era-phenomenon-109025 The Foreign Agents Registration Act https://www.gpo.gov/fdsys/pkg/USCODE-2009-title22/pdf/USCODE-2009-title22-chap11-subchapII.pdf The Dias Committee Report https://catalog.archives.gov/id/10459812 National Security Law Today’s FARA podcast https://soundcloud.com/nsltoday/full-disclosure-with-amy-jeffress Bradley Hart is an Assistant Professor at Fresno State http://www.fresnostate.edu/artshum/mcj/faculty-staff/faculty/bradley-hart.html
The black letter law and articles discussed in this episode are:
Hitler’s American Friends: The Third Reich’s Supporters in the United States https://www.publishersweekly.com/978-1-250-14895-7 Bradley Hart's article in The Conversation "It started with Nazis: Concerns over foreign agents not just a Trump-era phenomenon" https://theconversation.com/it-started-with-nazis-concerns-over-foreign-agents-not-just-a-trump-era-phenomenon-109025 The Department of Justice’s Official German Report http://www.gbv.de/dms/sub-hamburg/44666104X.pdf The Foreign Agents Registration Act https://www.gpo.gov/fdsys/pkg/USCODE-2009-title22/pdf/USCODE-2009-title22-chap11-subchapII.pdf National Security Law Today’s FARA podcast https://soundcloud.com/nsltoday/full-disclosure-with-amy-jeffress Bradley Hart is an Assistant Professor at Fresno State http://www.fresnostate.edu/artshum/mcj/faculty-staff/faculty/bradley-hart.html
National Security Law Today will take a break during the 28th Annual Review of the Field of National Security Law Conference.
We will return on November 8, 2018
The black letter law and articles discussed in this episode Facebook hack of 30 million users personal information https://www.businessinsider.com/facebook-30-million-users-affected-hack-fbi-asked-not-to-reveal-source-2018-10 ABA Formal Opinion 483: Lawyer’s Obligation After and Electronic Data Breach or Cyberattack https://www.americanbar.org/content/dam/aba/images/news/formal_op_483.pdf Registration and information for the 28th Annual Review of the Field of National Security Law Conference https://www.americanbar.org/events-cle/mtg/inperson/338390074/
The black letter law and articles discussed in this episode: 28th Annual Review of the Field of National Security Law Conference Registration https://www.americanbar.org/events-cle/mtg/inperson/338390074/ Indictment of 13 GRU officials https://www.justice.gov/opa/press-release/file/1035562/download Chainalysis https://www.chainalysis.com/ Bank Secrecy Act Statutes https://www.fincen.gov/resources/fincens-mandate-congress Fraud in ICOs https://cointelegraph.com/news/new-study-says-80-percent-of-icos-conducted-in-2017-were-scams Financial Action Task Force (FATF) http://www.fatf-gafi.org/ Coindesk https://www.coindesk.com/ Coin Center https://coincenter.org/ Michael Casey and Paul Vigna book “Truth Machine” https://www.amazon.com/Truth-Machine-Blockchain-Future-Everything/dp/1250114578 Steve Bunnell is a partner with O’Melveny & Meyers https://www.omm.com/professionals/steve-bunnell/
The black letter law and articles discussed in this episode: 28th Annual Review of the Field of National Security Law Conference Registration https://shop.americanbar.org/ebus/ABAEventsCalendar/EventDetails.aspx?productId=338390074 House Committee on Financial Services Hearing “Virtual Currency: Financial Innovation and National Security Implications” June 8, 2017 https://financialservices.house.gov/calendar/eventsingle.aspx?EventID=401938 Documentary: Banking on Bitcoin https://www.netflix.com/title/80154500 Some governments are using blockchain to record deeds and titles Georgia https://www.forbes.com/sites/laurashin/2017/02/07/the-first-government-to-secure-land-titles-on-the-bitcoin-blockchain-expands-project/#bf7f7fd4dcdc Estonia https://e-estonia.com/solutions/interoperability-services/e-land-register/ Honduras https://www.reuters.com/article/us-honduras-landrights-tech-idUSKBN1AR151 Sweden https://www.wsj.com/articles/a-pioneer-in-real-estate-blockchain-emerges-in-europe-1520337601 Ghana https://www.ghanaweb.com/GhanaHomePage/business/Blockchain-technology-to-revolutionise-land-administration-processes-666920 Steve Bunnell is a partner with O’Melveny & Meyers https://www.omm.com/professionals/steve-bunnell/
This episode of National Security Law Today references:
The 28th Annual Review of the Field of National Security Law Conference https://shop.americanbar.org/ebus/ABAEventsCalendar/EventDetails.aspx?productId=338390074 Raj De’s episode of National Security Law Today https://soundcloud.com/nsltoday/introducing-national-security-law-today Cybersecurity Wake Up Call: The Business You Save May Be Your Own at the ABA Annual Meeting https://players.brightcove.net/pages/v1/index.html?accountId=1866680404001&playerId=ByCdjMlag&videoId=5824408548001&autoplay=true
The articles and links for this episode are: The 28th Annual Review of the Field of National Security Law Conference https://shop.americanbar.org/ebus/ABAEventsCalendar/EventDetails.aspx?productId=338390074 Senate Intelligence Committee Hearing on Foreign Influence and Social Media https://www.c-span.org/video/?450990-1/foreign-influence-social-media Report of the Attorney General’s Cyber Digital Task Force https://www.justice.gov/ag/page/file/1076696/download Reality Winner was sentenced for leaking NSA documents https://www.nytimes.com/2018/08/23/us/reality-winner-nsa-sentence.html President Trump could revoke security clearances https://www.cbsnews.com/news/trump-exploring-revoke-security-clearance-brennan-comey-clapper-hayden-rice-mccabe-today-2018-07-23/ Vice President Pence announces plans for a Space Force https://www.cnbc.com/video/2018/08/09/space-force-plan-pence-trump.html China is developing a military space force https://thediplomat.com/2014/09/chinas-military-creates-new-space-force/ This episode features excerpts from previous episodes with Amy Jeffress, Mark Zaid, Kevin Pomfret, Henry Hertzfeld, David Fagan and Chris Timura.
The black letter law and articles on this topic are: DNI report on Russian threats: Assessing Russian Activities and Intentions in Recent U.S. Elections http://icontherecord.tumblr.com/post/155494946443/odni-statement-on-declassified-intelligence The Justice Department Indictment of thirteen Russian individuals for political interference https://www.justice.gov/opa/pr/grand-jury-indicts-thirteen-russian-individuals-and-three-russian-companies-scheme-interfere The Hamilton 68 bot tracking site https://dashboard.securingdemocracy.org/ Heartbleed bug http://heartbleed.com/ Ransomware infected MedStar Health Center https://healthitsecurity.com/news/medstar-ransomware-attack-caused-by-known-security-flaw Listen to Suzanne Spaulding and Elizabeth Rindskopf Parker on National Security Law Today episodes 39 and 40 https://soundcloud.com/nsltoday/protecting-democratic-institutions-part-1-with-suzanne-spaulding-and-elizabeth-rindksopf-parker Panel information for Attacks on our Institutions of Democracy: The Role of the Judicial System https://www.americanbar.org/content/dam/aba/administrative/law_national_security/Institutions_of_Democracy_2018.pdf Watch the full panel https://bcove.video/2MmQGay
The black letter law and articles discussed in this episode are: Maersk using a polar shipping route https://www.npr.org/2018/08/22/640679831/worlds-largest-shipping-company-heads-into-arctic-as-global-warming-opens-the-wa?utm_medium=RSS&utm_campaign=storiesfromnpr The Antarctic Treaty https://www.state.gov/t/avc/trty/193967.htm UN Convention on the Law of the Sea http://www.un.org/depts/los/convention_agreements/convention_overview_convention.htm NASA data on summer ice melt https://www.nasa.gov/feature/goddard/2017/end-of-summer-arctic-sea-ice-extent-is-eighth-lowest-on-record http://nsidc.org/arcticseaicenews/ Russian Military Buildup Map http://foreignpolicy.com/2017/01/25/heres-what-russias-military-build-up-in-the-arctic-looks-like-trump-oil-military-high-north-infographic-map/ Russian and Global Icebreaker Buildup http://www.dco.uscg.mil/Portals/9/DCO%20Documents/Office%20of%20Waterways%20and%20Ocean%20Policy/20170501%20major%20icebreaker%20chart.pdf?ver=2017-06-08-091723-907 Arctic Council http://arctic-council.org/index.php/en/ Section of the Tax Cuts and Jobs Act of 2017 approving drilling in the Arctic National Wildlife Refuge https://www.congress.gov/115/bills/hr1/BILLS-115hr1enr.pdf#page=182 Oil Spill regulations in the Arctic https://www.americanbar.org/content/dam/aba/administrative/environment_energy_resources/resources/baker_sidortsov_hydrocabon_Arctic.authcheckdam.pdf Oil Spill hazards in the Arctic https://www.scientificamerican.com/article/the-u-s-is-not-ready-to-clean-up-an-arctic-oil-spill/ Careers in National Security Law Book https://www.americanbar.org/content/dam/aba/administrative/law_national_security/nsl_text.pdf Lindsay Rodman’s biography and contact info: http://www.cips-cepi.ca/linsday-l-rodman-postdoctoral-fellow/ For more about National Security and the Arctic, watch the full video of a panel from the 27th Annual Review of the Field of National Security Law, titled “The Arctic: National Security and Oceans Law for the New Maritime Frontier” https://www.americanbar.org/groups/public_services/law_national_security/events_cle/past_annual_review_conferences/27ARC-panel-7.html
The black letter law and articles discussed in this episode are: “Securing the Modern Economy: Transforming Cybersecurity Through Sustainability.” https://www.publicknowledge.org/assets/uploads/documents/Securing_the_Modern_Economy--Transforming_Cybersecurity_Through_Sustainability_FINAL_4.18.18_PK.pdf The Office of Technology Assessment https://www.princeton.edu/~ota/ Attorney General’s Cyber Digital Task Force Report https://www.justice.gov/ag/page/file/1076696/download Deputy Attorney General Rod Rosenstein’s remarks form the Aspen Security Forum https://www.justice.gov/opa/speech/deputy-attorney-general-rod-j-rosenstein-delivers-remarks-aspen-security-forum National Initiative for Cybersecurity Education (NICE) https://www.nist.gov/itl/applied-cybersecurity/nice 1.3 terabyte botnet attack against GitHub https://www.wired.com/story/github-ddos-memcached/ Megan Stifel is the Cybersecurity Policy Director at Public Knowledge and the founder of Silicon Harbor Consultants http://www.atlanticcouncil.org/about/experts/list/megan-stifel
The black letter law and articles discussed in this episode are: “Securing the Modern Economy: Transforming Cybersecurity Through Sustainability.” https://www.publicknowledge.org/assets/uploads/documents/Securing_the_Modern_Economy--Transforming_Cybersecurity_Through_Sustainability_FINAL_4.18.18_PK.pdf Director of National Intelligence’s Worldwide Threat Assessment. February 2018 https://www.dni.gov/files/documents/Newsroom/Testimonies/2018-ATA---Unclassified-SSCI.pdf Major cyber breaches including: 2009 Google breach https://googleblog.blogspot.com/2010/01/new-approach-to-china.html 2011 RSA breach https://www.bankinfosecurity.com/dhs-responds-to-rsa-securid-breach-a-3444 2013 and 2014 Yahoo breaches https://www.bbc.co.uk/news/world-us-canada-37447016 2013 Target hack through HVAC system https://www.zdnet.com/article/anatomy-of-the-target-data-breach-missed-opportunities-and-lessons-learned/ NIST Cybersecurity for IoT Program https://www.nist.gov/programs-projects/nist-cybersecurity-iot-program NTIA Software Bill of Materials Meetings https://www.ntia.doc.gov/SoftwareTransparency Executive Order 13800 “Presidential Executive Order on Strengthening the Cybersecurity of Federal Networks and Critical Infrastructure” https://www.whitehouse.gov/presidential-actions/presidential-executive-order-strengthening-cybersecurity-federal-networks-critical-infrastructure/ Report to the President on Enhancing Resilience Against Botnets https://www.commerce.gov/page/report-president-enhancing-resilience-against-botnets Megan Stifel is the Cybersecurity Policy Director at Public Knowledge and the founder of Silicon Harbor Consultants http://www.atlanticcouncil.org/about/experts/list/megan-stifel
The black letter law and articles in this episode are: United nations General Assembly, Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment of Punishment, G.A. Res. 39/46, December 10, 1984, https://www.ohchr.org/en/professionalinterest/pages/cat.aspx Torture Victim Protection Act 0f 1991, Pub. L. no. 102-256, 106 Stat. 73, (codified as amended in 28 U.S.C. § 1350, https://www.congress.gov/bill/102nd-congress/house-bill/2092/text George Tenant, At the Center of the Storm; The CIA During America’s Time of Crisis, Harper Collins Publishers (2009), https://www.harpercollins.com/9780061738197/at-the-center-of-the-storm/ Charles C. Krulak and Joseph P. Hoar, It’s Our Cage, Too, Washington Post, May 17, 2007, http://www.washingtonpost.com/wp-dyn/content/article/2007/05/16/AR2007051602395.html?noredirect=on John Bellinger, Richard Fontaine, To Strengthen Trump’s National Security Approach, Promote Human Rights, LawfareBlog, January 10, 2018, https://www.lawfareblog.com/strengthen-trumps-national-security-approach-promote-human-rights Carne y Arena Exhibit https://carneyarenadc.com/ Elisa Massimino is a Senior Fellow at the Carr Center for Human Rights at the Harvard Kennedy School https://carrcenter.hks.harvard.edu/people/elisa-massimino
The black letter law and articles in this episode are: United Nations General Assembly, Universal Declaration of Human Rights, December 10, 1948, http://www.un.org/en/universal-declaration-human-rights/ United Nations General Assembly, International Convention on the Elimination of All Forms of Racial Discrimination, G.A. Res 2106, December 21, 1965, https://www.ohchr.org/en/professionalinterest/pages/cerd.aspx United Nations General Assembly, Convention on the Elimination of All Forms of Discrimination Against Women, G.A. Res. 34/180, December 18, 1979, https://www.ohchr.org/Documents/ProfessionalInterest/cedaw.pdf United Nations General Assembly, International Covenant on Civil and Political Rights, G.A. Res. 2200A (XXI), December 16, 1966, https://www.ohchr.org/en/professionalinterest/pages/ccpr.aspx United Nations General Assembly, International Covenant on Economic, Social and Cultural Rights, G.A. Res. 2200A (XXI), December 16, 1966, https://www.ohchr.org/en/professionalinterest/pages/cescr.aspx Temporary Protected Status, https://www.uscis.gov/humanitarian/temporary-protected-status Mary Ann Glendon, A World Made New; Eleanor Roosevelt and the universal Declaration of Human Rights, Penguin Random House (2002), https://www.penguinrandomhouse.com/books/60804/a-world-made-new-by-mary-ann-glendon/9780375760464/ Elisa Massimino is a Senior Fellow at the Carr Center for Human Rights at the Harvard Kennedy School https://carrcenter.hks.harvard.edu/people/elisa-massimino
Ambassador Stuart Eizenstat is Senior Counsel at Covington & Burling. https://www.cov.com/en/professionals/e/stuart-eizenstat His book President Carter: The White House Years is available online https://www.amazon.com/President-Carter-White-House-Years/dp/1250104556 For readings from the panel Attacks on the Institutions of Democracy at the ABA Annual Meeting, visit ambar.org/democraticattacks
The black letter law and articles on this topic: Countering Adversary Threats to Democratic Institutions https://www.csis.org/analysis/countering-adversary-threats-democratic-institutions “Don’t Overlook the Kremlin’s Threats to Our Courts” Suzanne Spaulding in the Washington Post https://www.washingtonpost.com/opinions/dont-overlook-the-kremlins-threats-to-our-courts/2017/10/30/f1e656aa-bd8e-11e7-959c-fe2b598d8c00_story.html?noredirect=on&utm_term=.3f66ceb72ff0 Twin Falls Idaho case https://www.idahostatesman.com/news/northwest/idaho/article84829787.html Yukos oil https://yukosfoundations.org/wp-content/uploads/2016/11/161125-NRC-Article-EN.pdf Suzanne Spaulding is a Senior Advisor at CSIS https://www.csis.org/people/suzanne-spaulding Elizabeth Rindskopf Parker is a Trustee at the MITRE Corporation https://www.mitre.org/about/leadership/trustee/dean-elizabeth-rindskopf-parker
The black letter law and articles on this topic: Countering Adversary Threats to Democratic Institutions https://www.csis.org/analysis/countering-adversary-threats-democratic-institutions “Don’t Overlook the Kremlin’s Threats to Our Courts” Suzanne Spaulding in the Washington Post https://www.washingtonpost.com/opinions/dont-overlook-the-kremlins-threats-to-our-courts/2017/10/30/f1e656aa-bd8e-11e7-959c-fe2b598d8c00_story.html?noredirect=on&utm_term=.3f66ceb72ff0 The 2016 “Lisa Case” https://www.nato.int/docu/review/2016/also-in-2016/lisa-case-germany-target-russian-disinformation/EN/index.htm Twin Falls Idaho case https://www.idahostatesman.com/news/northwest/idaho/article84829787.html Internet Research Agency Indictment from the Justice Department https://www.justice.gov/opa/pr/grand-jury-indicts-thirteen-russian-individuals-and-three-russian-companies-scheme-interfere The Kremlin Playbook https://www.csis.org/analysis/kremlin-playbook Suzanne Spaulding is a Senior Advisor at CSIS https://www.csis.org/people/suzanne-spaulding Elizabeth Rindskopf Parker is a Trustee at the MITRE Corporation and Dean Emerita of the Pacific McGeorge Law School https://www.mcgeorge.edu/profiles/faculty/elizabeth-rindskopf-parker
The black letter law and articles in this episode: Frances Hoang’s op-ed “An Immigrant’s Tale” (Wall Street Journal) https://www.wsj.com/articles/an-immigrants-tale-from-saigon-in-75-to-american-entrepreneur-1429743611 Department of Justice announced denaturalization proceedings against a man convicted of terrorism offenses https://www.justice.gov/opa/pr/justice-department-files-denaturalization-lawsuit-against-chicago-man-convicted-providing The American evacuation of Saigon in 1975 http://www.newsweek.com/last-helicopter-evacuating-saigon-321254 Frances Hoang is a partner at FH+H and Chief Strategy Officer of MAG Aerospace https://www.fhhfirm.com/francis-q-hoang-esq
The black letter law and articles discussed in this episode: Apple’s Supplier Responsibility 2018 Progress Report https://www.apple.com/supplier-responsibility/pdf/Apple_SR_2018_Progress_Report.pdf House Energy and Commerce Hearing on Telecommunications, Global Competitiveness and National Security (May 16, 2018) https://energycommerce.house.gov/hearings/telecommunications-global-competitiveness-and-national-security/ House Energy and Commerce Hearing on the Internet of Things, Manufacturing and Innovation (January 18, 2018) https://energycommerce.house.gov/hearings/disrupter-series-internet-things-manufacturing-innovation/ President’s National Security Telecommunications Advisory Committee (NSTAC) https://www.dhs.gov/national-security-telecommunications-advisory-committee NSTAC report on IoT https://www.dhs.gov/sites/default/files/publications/IoT%20Final%20Draft%20Report%2011-2014.pdf NIST Standards for Supply Chain Risk Management https://nvlpubs.nist.gov/nistpubs/specialpublications/nist.sp.800-161.pdf Mirai botnet https://blog.cloudflare.com/inside-mirai-the-infamous-iot-botnet-a-retrospective-analysis/ Joyce Corell is the Assistant Director, Supply Chain and Cyber Directorate, National Counterintelligence and Security Center
The black letter law and articles on this topic: Jack Rives’s testimony to the Senate Judiciary Committee (August 2, 2006) as TJAG https://www.judiciary.senate.gov/imo/media/doc/rives_testimony_08_02_06.pdf Declassified memos from military lawyers, including Jack Rives, criticized interrogations techniques https://www.nytimes.com/2005/07/28/politics/militarys-opposition-to-harsh-interrogation-is-outlined.html Military Commissions Act of 2006 https://www.loc.gov/rr/frd/Military_Law/pdf/PL-109-366.pdf Military Commissions Act of 2009 http://www.mc.mil/Portals/0/MCA20Pub20Law200920.pdf UCMJ Article 90 and Article 92 on obeying lawful orders https://www.law.cornell.edu/uscode/text/10/890 https://www.law.cornell.edu/uscode/text/10/892 A report on the US Military Commissions by the ABA Standing Committee on Law and National Security https://www.americanbar.org/content/dam/aba/administrative/law_national_security/ABAMilitaryCommissionsWorkshopFINAL.authcheckdam.pdf Jack Rives is the Executive Director of the American Bar Association https://www.americanbar.org/groups/leadership/aba_officers/rives.html Join the ABA today https://www.americanbar.org/membership/join_and_renew.html Or visit the ABA career board https://jobs.americanbar.org/jobseeker/search/results/
The black letter law and articles discussed in this episode: John Bolton gets rid of the “cyber czar” position in the NSC on Lawfare https://www.lawfareblog.com/boltons-magnificent-idea-nix-white-house-cyber-czar Cyber czar removal article on Ars Technica https://arstechnica.com/tech-policy/2018/05/trump-closes-job-opening-for-cyber-czar-raising-protests-from-congress/ Senator King and Senator Lankford question the intelligence community on cyber preparedness http://transcripts.cnn.com/TRANSCRIPTS/1802/13/ath.01.html Correction: The National Protection and Programs Directorate (NPPD) at DHS https://www.dhs.gov/national-protection-and-programs-directorate NIST Cybersecurity Framework 1.1 https://nvlpubs.nist.gov/nistpubs/CSWP/NIST.CSWP.04162018.pdf Cybersecurity Information Sharing Act of 2015 https://www.dni.gov/index.php/ic-legal-reference-book/cybersecurity-act-of-2015 OPM hack https://www.lawfareblog.com/why-opm-hack-far-worse-you-imagine Hidden Cobra alert https://www.us-cert.gov/ncas/alerts/TA18-149A Proof of concept of a car hack https://www.wired.com/story/car-hack-shut-down-safety-features/ Ukrainian Power Grid hack https://ics.sans.org/media/E-ISAC_SANS_Ukraine_DUC_5.pdf Bowman Dam, Rye Brook, New York SCADA system hacked https://www.nytimes.com/2016/03/26/nyregion/rye-brook-dam-caught-in-computer-hacking-case.html
Paul Rosenzweig is a senior advisor at the Chertoff Group, a lecturer at George Washington University Law School and a senior fellow at the R Street Institute https://www.rstreet.org/team/paul-rosenzweig/ Paul’s Lawfare feed https://www.lawfareblog.com/contributors/prosenzweig Follow Paul on Twitter: https://twitter.com/@RosenzweigP
Mary McCord in Foreign Policy “The Law Should Treat Domestic Terror as the Equivalent of International Terror” http://foreignpolicy.com/2017/08/22/the-law-should-treat-domestic-terror-as-the-equivalent-of-international-terror/ Terrorism Definitions https://www.law.cornell.edu/uscode/text/18/2331 Material Support Statute(s) https://www.law.cornell.edu/uscode/text/18/2339A https://www.law.cornell.edu/uscode/text/18/2339B List of Foreign Terrorist Organizations https://www.state.gov/j/ct/rls/other/des/123085.htm FBI DIOG (Domestic Investigations and Operations Guide) https://vault.fbi.gov/FBI%20Domestic%20Investigations%20and%20Operations%20Guide%20%28DIOG%29 Karen Greenberg on NBC “A Domestic Terrorism Statute Is Federal Overreach, Not Justice” https://www.nbcnews.com/think/opinion/domestic-terrorism-statute-federal-overreach-not-justice-ncna814826 ICAP Williams Case Brief https://www.law.georgetown.edu/icap/wp-content/uploads/sites/32/2018/04/williams-brief.pdf SCOTUSblog “Justice delayed or justice denied?” http://www.scotusblog.com/2018/05/justice-delayed-or-justice-denied/ Washington Post “He was 16 when Louisiana charged him with murder. Two decades later, he’s free.” https://www.washingtonpost.com/news/post-nation/wp/2018/05/22/he-was-16-when-louisiana-charged-him-with-murder-two-decades-later-hes-free/ Mary McCord and Douglas Letter in the Washington Post “How mistakes by state and local prosecutors can lead to unfair trials” https://www.washingtonpost.com/news/posteverything/wp/2018/05/22/how-mistakes-by-state-and-local-prosecutors-can-lead-to-unfair-trials/ Mary McCord is a Senior Litigator from Practice at the Institute for Constitutional Advocacy and Protection at Georgetown Law https://www.law.georgetown.edu/faculty/mary-mccord/
The black letter law and articles in this episode are:
Mieke Eoyang in Politico: “How the House Intel Committee Broke Bad” https://www.politico.com/magazine/story/2018/02/20/house-intel-committee-oversight-217033
Mieke Eoyang at the Hoover Center “Beyond Privacy and Security” https://www.hoover.org/research/beyond-privacy-security-role-telecommunications-industry-electronic-surveillance-0
State Secret Privilege from U.S. v Reynold 345 US 1 (1953) https://www.oyez.org/cases/1940-1955/345us1
DOJ Inspector General Report on the President’s Surveillance Programs http://icontherecord.tumblr.com/post/117330907753/the-department-of-justice-releases-inspectors
The Foreign Intelligence Surveillance Act https://www.congress.gov/110/plaws/publ261/PLAW-110publ261.pdf
Section 215 of the USA PATRIOT ACT https://apps.americanbar.org/natsecurity/patriotdebates/act-section-215
Minimization procedures https://assets.documentcloud.org/documents/3718776/2016-Cert-FISC-Memo-Opin-Order-Apr-2017-1.pdf
HPSCI Rules https://docs.house.gov/meetings/IG/IG00/CPRT-116-HPRT-IG00-CommitteeRules.pdf
HPSCI created by and act amending the House Rules https://intelligence.house.gov/uploadedfiles/h.res_658_passed_14_july_1977.pdf
Article I Section 9 of the U.S. Constitution https://www.usconstitution.net/xconst_A1Sec9.html
Mieke Eoyang is the Vice President for the National Security Program at Third Way https://www.thirdway.org/about/leadership/mieke-eoyang
The black letter law and articles in this episode are:
Mieke Eoyang in Politico: “How the House Intel Committee Broke Bad” https://www.politico.com/magazine/story/2018/02/20/house-intel-committee-oversight-217033
Senate Select Committee to Study Governmental Operations with Respect to Intelligence Activities, 1975-76 (Church Committee Reports): https://www.intelligence.senate.gov/resources/intelligence-related-commissions
House Permanent Select Committee on Intelligence Report, 1976 (Pike Committee Report): https://archive.org/details/PikeCommitteeReports
Operation Shamrock is reported on in Book III of the Church Committee reports, or summarized: https://www.cia.gov/library/center-for-the-study-of-intelligence/csi-publications/csi-studies/studies/winter99-00/art4.html#rft8
Iran-Contra Minority Report: https://www.documentcloud.org/documents/2702452-Iran-Contra-Minority-Report.html
Mieke Eoyang is the Vice President for the National Security Program at Third Way https://www.thirdway.org/about/leadership/mieke-eoyang
The black letter law and articles in this episode are: Cyber Mercenaries: The State, Hackers, and Power https://www.cambridge.org/core/books/cyber-mercenaries/B685B7555E1C52FBE5DFE6F6594A1C00
Computer Fraud and Abuse Act, 18 U.S.C. § 1030 https://www.law.cornell.edu/uscode/text/18/1030
U.S.-China Cyber Agreement (October 16, 2015) https://fas.org/sgp/crs/row/IN10376.pdf
Tallinn Manual on the International Law Applicable to Cyber Warfare http://csef.ru/media/articles/3990/3990.pdf
Tallinn Manual 2.0 on the International Law Applicable to Cyber Operations (not available as PDF) https://ccdcoe.org/tallinn-manual-20-international-law-applicable-cyber-operations-be-launched.html
United Nations International Group of Governmental Experts on Information Security (GGE) https://www.un.org/disarmament/group-of-governmental-experts/
Mutually Assured Disruption – Report, National Committee on American Foreign Policy, (January 12, 2018) https://www.ncafp.org/12606-2/
“Protecting Financial Data in Cyberspace: Precedent for Further Progress on Cyber Norms?” Just Security (August 24, 2017) https://www.justsecurity.org/44411/protecting-financial-data-cyberspace-precedent-progress-cyber-norms
“Toward a Global Norm Against Manipulating the Integrity of Financial Data” CEIP http://carnegieendowment.org/2017/03/27/toward-global-norm-against-manipulating-integrity-of-financial-data-pub-68403
Convention on Cybercrime https://rm.coe.int/1680081561
Presidential Policy Directive 41 https://obamawhitehouse.archives.gov/the-press-office/2016/07/26/presidential-policy-directive-united-states-cyber-incident Fact sheet on the PPD https://obamawhitehouse.archives.gov/the-press-office/2016/07/26/fact-sheet-presidential-policy-directive-united-states-cyber-incident-1
Cyber Executive Order https://www.whitehouse.gov/presidential-actions/presidential-executive-order-strengthening-cybersecurity-federal-networks-critical-infrastructure/
Cyber Sanctions https://www.treasury.gov/resource-center/sanctions/Programs/pages/cyber.aspx
Cyber Sanctions for Russian hackers in election interference https://home.treasury.gov/news/press-releases/sm0312
Tim Maurer is the Co-Director of the Cyber Policy Institute at the Carnegie Endowment for International Peace http://carnegieendowment.org/experts/1086
The panelists’ recommended articles are:
The Fourth Amendment in the Information Age, Robert S. Litt, 126 Yale L.J. Forum 8 (2016).
U.S. Commitment to the Privacy Shield Remains Strong, Robert S. Litt, Lawfare, (June 15, 2017).
The New Intelligence Sharing Procedures Are Not About Law Enforcement, Robert S. Litt, Just Security, (Mar. 30, 2016).
A Way Forward on Section 702 Queries, Elizabeth Goitein & Robert S. Litt, Just Security, (Feb. 20, 2018).
Illuminating a New Domain: The Role and Nature of Military Intelligence, Surveillance and Reconnaissance in Cyberspace, Chris Inglis U.S. Naval Academy, (Sept. 10, 2016).
A World Without Work, Derek Thompson, The Atlantic (July/Aug. 2015).
America’s Unseen Social Crisis: Men Without Work, Nicholas Eberstadt, Time, Sept. 22, 2016.
Summer Study on Autonomy, U.S. Department of Defense, Defense Science Board (June 2016).
Artificial Intelligence and National Security, Greg Allen & Taniel Chan, The Belfer Center for Science and International Affairs, (July, 2017).
The full audio of the panel “Future of Digital Intelligence: Cyber, Quantum Computing, AI and Cryptography Part I - Intelligence Collection”: https://bcove.video/2q5hYF8
The black letter law and articles discussed in this episode: Redacted CIA cables on the existence and destruction of the tapes https://www.aclu.org/files/assets/cia_release20100415_p10-18.pdf CIA acknowledged destruction of tapes in court filing https://www.aclu.org/legal-document/letter-judge-hellerstein-acknowledging-destroyed-cia-interrogation-tapes?redirect=cpredirect/38869 Justice Department closed criminal investigation into Jose Rodriguez https://www.justice.gov/opa/pr/department-justice-statement-investigation-destruction-videotapes-cia-personnel Redacted 2004 CIA Inspector General report on Detention and Interrogation https://fas.org/irp/cia/product/ig-interrog.pdf John Rizzo’s confirmation hearing video https://www.c-span.org/video/?199218-1/cia-general-counsel-nomination Gina Haspel’s confirmation hearing video. Listeners should note that the hearing references Mr. Rizzo's memoir and Ms. Haspel disputes some details of his account. https://www.c-span.org/video/?444988-1/gina-haspel-pledges-restart-cia-interrogation-program John Rizzo is senior counsel at Steptoe & Johnson https://www.steptoe.com/en/lawyers/john-rizzo.html His book is “Company Man: Thirty Years of Controversy and Crisis in the CIA” https://www.amazon.com/Company-Man-Thirty-Controversy-Crisis/dp/1451673930
The black letter law and articles discussed in this episode:
CIA “Enhanced Interrogation Technique” program Senate report on torture: https://www.feinstein.senate.gov/public/index.cfm/senate-intelligence-committee-study-on-cia-detention-and-interrogation-program CIA fact sheet: https://www.cia.gov/news-information/press-releases-statements/2014-press-releases-statements/cia-fact-sheet-ssci-study-on-detention-interrogation-program.html Human Rights Watch FAQ: https://www.humanrightsfirst.org/resource/senate-report-cia-torture-frequently-asked-questions
Destruction of tapes https://www.nytimes.com/2009/03/03/washington/03web-intel.html
Attorney Generals Act and OLC advice to agency heads https://www.justice.gov/olc/best-practices-olc-legal-advice-and-written-opinions
“Torture Memos” from the Justice Department OLC https://nsarchive2.gwu.edu//NSAEBB/NSAEBB127/02.08.01.pdf https://nsarchive2.gwu.edu//NSAEBB/NSAEBB127/020801.pdf
Memo to John Rizzo: http://cdm266901.cdmhost.com/cdm/ref/collection/p266901coll4/id/1912 https://www.aclu.org/files/pdfs/safefree/yoo_army_torture_memo.pdf
18 USC 2340, the definition of “torture” https://www.law.cornell.edu/uscode/text/18/2340
Scooter Libby pardon https://www.justice.gov/pardon/page/file/1052911/download
John Rizzo is senior counsel at Steptoe & Johnson https://www.steptoe.com/en/lawyers/john-rizzo.html
His book is “Company Man: Thirty Years of Controversy and Crisis in the CIA” https://www.amazon.com/Company-Man-Thirty-Controversy-Crisis/dp/1451673930
The black letter law and articles in this week’s episode are: Op Ed by National Security Adviser John Bolton “The Legal Case for Striking North Korea First” https://www.wsj.com/articles/the-legal-case-for-striking-north-korea-first-1519862374 Op Ed by Richard Cohen “Trump will exit the North Korea summit a failure” https://www.washingtonpost.com/opinions/trump-will-exit-the-north-korea-summit-a-failure/2018/04/23/c2b7da22-4720-11e8-827e-190efaf1f1ee_story.html?utm_term=.99b51222b127 President Obama’s address on avoiding use of force in Syria, after chemical weapon attacks https://obamawhitehouse.archives.gov/the-press-office/2013/09/10/remarks-president-address-nation-syria Jus in Bello and Jus ad Bellum https://guides.library.harvard.edu/c.php?g=310988&p=2079383 Joint Chiefs of Staff hold off on enforcing ban on trans military members announced on Twitter http://www.latimes.com/politics/washington/la-na-essential-washington-updates-top-u-s-general-tells-military-leaders-1501171360-htmlstory.html Congressional Authorization for the Use of Military Force from 2001 https://www.congress.gov/107/plaws/publ40/PLAW-107publ40.pdf War Powers Resolution 50 U.S.C. 1541–1548 https://www.law.cornell.edu/uscode/text/50/chapter-33 UN Charter http://www.un.org/en/sections/un-charter/un-charter-full-text/ Nicaragua v. the United States of America (ICJ) http://www.icj-cij.org/en/case/70
The black letter law discussed in this episode is: Commercial Space Launch Act of 1984 https://www.gpo.gov/fdsys/pkg/STATUTE-98/pdf/STATUTE-98-Pg3055.pdf Amended 2004 https://www.faa.gov/about/office_org/headquarters_offices/ast/media/PL108-492.pdf
National Space Council meeting in FL https://spacepolicyonline.com/news/second-national-space-council-meeting-focuses-on-regulatory-reform-china/
Commercial Remote Sensing Regulatory Affairs Office https://www.nesdis.noaa.gov/CRSRA/
Land Remote Sensing Policy (Part of National Commercial Space Program Act) https://www.nasa.gov/offices/ogc/commercial/15uscchap82.html
Strava collecting geo location data on military bases https://www.wired.com/story/strava-heat-map-military-bases-fitness-trackers-privacy/
GPS Selective Availability https://www.gps.gov/systems/gps/modernization/sa/
Union of Concerned Scientists estimate of satellites https://www.ucsusa.org/nuclear-weapons/space-weapons/satellite-database#.WtiuOC7waUk There are differing estimates of the number of satellites in space https://www.pixalytics.com/sats-orbiting-earth-2017/
UN Principles of Remote Sensing http://www.un.org/documents/ga/res/41/a41r065.htm
National and Commercial Space Programs (Title 51) http://uscode.house.gov/view.xhtml?path=/prelim@title51&edition=prelim
Licensing of Private Remote Sensing Systems 15 CFR 960 https://www.law.cornell.edu/cfr/text/15/part-960
United States v. Jones 132 S.Ct. 945 (2012) https://www.oyez.org/cases/2011/10-1259
Robert Draper article on surveillance and migration https://www.nationalgeographic.com/magazine/2018/02/surveillance-watching-you/
Kevin Pomfret is a Partner at Williams Mullen http://www.williamsmullen.com/people/kevin-d-pomfret
The black letter law and articles discussed in this episode is: AI winning at Texas Hold Em https://www.scientificamerican.com/article/time-to-fold-humans-poker-playing-ai-beats-pros-at-texas-hold-rsquo-em/ International Humanitarian Law https://www.icrc.org/eng/assets/files/other/what_is_ihl.pdf Lethal Autonomous Weapon Systems at the UN Convention on Certain Conventional Weapons https://www.unog.ch/80256EE600585943/(httpPages)/8FA3C2562A60FF81C1257CE600393DF6?OpenDocument The UN Group of Government Experts on Lethal Autonomous Weapons Systems https://www.unog.ch/80256EE600585943/(httpPages)/F027DAA4966EB9C7C12580CD0039D7B5?OpenDocument The OODA loop https://en.wikipedia.org/wiki/OODA_loop Quantum Computing https://www.research.ibm.com/ibm-q/learn/what-is-quantum-computing/ Quantum Computing and security https://www.forbes.com/sites/juniper/2017/11/01/cybersecurity-in-the-age-of-quantum-computing/#221b56a8423c Full video of the panel Artificial Intelligence: Issues of Technology, Ethics and Law https://www.americanbar.org/content/aba/groups/public_services/law_national_security/events_cle/past_annual_review_conferences/27ARC-panel-2.html
Listen to Dina Temple-Raston’s new podcast series What Were You Thinking on Apple Podcasts or Audible at audible.com/adolescentbrain What Were You Thinking Review: https://www.washingtonpost.com/news/parenting/wp/2018/01/17/what-were-you-thinking-is-a-podcast-parents-need-to-hear/?utm_term=.23e91cbd0416 US Department of Justice statement on charging Abudullahi Yusuf: https://www.justice.gov/usao-mn/pr/two-minnesotans-charged-conspiracy-provide-material-support-islamic-state-iraq-and-levant Abdullahi Yusuf released: https://www.mprnews.org/story/2017/11/09/abdullahi-yusuf-isis-sentence-released International Criminal Tribunal for Rwanda: http://unictr.unmict.org/ Journalists sentenced by ICTR for role in the Rwandan genocide: http://unictr.unmict.org/en/news/three-media-leaders-convicted-genocide Countering Violent Extremism report from the ABA Rule of Law Initiative: https://www.americanbar.org/content/dam/aba/directories/roli/misc/rule-of-law-approaches-to-countering-violent-extremism-2017.pdf Dina Temple-Raston is a reporter and counterterrorism correspondent at NPR. She has also written The Jihad Next Door, A Death in Texas, and other books. https://www.npr.org/people/11209543/dina-temple-raston
The black letter law and articles discussed in this episode: AI outpaces lawyers in reading contracts https://www.artificialintelligence-news.com/2018/03/19/ai-outpaces-lawyers-in-reviewing-legal-documents-new-study-finds/ The problems with using AI to set parole https://www.nytimes.com/2017/05/01/us/politics/sent-to-prison-by-a-software-programs-secret-algorithms.html Can AI be taught to explain itself? https://www.nytimes.com/2017/11/21/magazine/can-ai-be-taught-to-explain-itself.html Whole of Government AI Policy proposed bill (12/11/2017) https://www.congress.gov/bill/115th-congress/senate-bill/2217/text Stewart Baker is a partner at Steptoe & Johnson https://www.steptoe.com/en/lawyers/stewart-baker.html Find more about the Steptoe Cyberlaw Cast https://www.steptoecyberblog.com/ Michael Page is the Policy and Ethics Advisor at OpenAI https://openai.com/
Our regular podcasting schedule was interrupted by Winter Storm Toby this week. Please enjoy this rebroadcast of our conversation with Lindsay Rodman on national security in the Arctic.
The black letter law discussed in this episode is: The Antarctic Treaty https://www.state.gov/t/avc/trty/193967.htm UN Convention on the Law of the Sea http://www.un.org/depts/los/convention_agreements/convention_overview_convention.htm NASA data on summer ice melt https://www.nasa.gov/feature/goddard/2017/end-of-summer-arctic-sea-ice-extent-is-eighth-lowest-on-record http://nsidc.org/arcticseaicenews/ Russian Military Buildup Map http://foreignpolicy.com/2017/01/25/heres-what-russias-military-build-up-in-the-arctic-looks-like-trump-oil-military-high-north-infographic-map/ Russian and Global Icebreaker Buildup http://www.dco.uscg.mil/Portals/9/DCO%20Documents/Office%20of%20Waterways%20and%20Ocean%20Policy/20170501%20major%20icebreaker%20chart.pdf?ver=2017-06-08-091723-907 Arctic Council http://arctic-council.org/index.php/en/ Section of the Tax Cuts and Jobs Act of 2017 approving drilling in the Arctic National Wildlife Refuge https://www.congress.gov/115/bills/hr1/BILLS-115hr1enr.pdf#page=182 Oil Spill regulations in the Arctic https://www.americanbar.org/content/dam/aba/administrative/environment_energy_resources/resources/baker_sidortsov_hydrocabon_Arctic.authcheckdam.pdf Oil Spill hazards in the Arctic https://www.scientificamerican.com/article/the-u-s-is-not-ready-to-clean-up-an-arctic-oil-spill/ The Sourcebook of Public Private Partnerships for Security and Resilience https://shop.americanbar.org/eBus/Store/ProductDetails.aspx?productId=286274864&term=public+private+partnership Careers in National Security Law Book https://www.americanbar.org/content/dam/aba/migrated/natsecurity/nsl_text.authcheckdam.pdf Lindsay Rodman’s biography and contact info: http://www.cips-cepi.ca/linsday-l-rodman-postdoctoral-fellow/ For more about National Security and the Arctic, watch the full video of a panel from the 27th Annual Review of the Field of National Security Law, titled “The Arctic: National Security and Oceans Law for the New Maritime Frontier” https://www.americanbar.org/groups/public_services/law_national_security/events_cle/past_annual_review_conferences/27ARC-panel-7.html
The ABA resources and events discussed in this episode are: The U.S Intelligence Community Law Sourcebook, 2017 Edition https://shop.americanbar.org/eBus/Store/ProductDetails.aspx?productId=254096631 The Sourcebook of Public-Private Partnerships for Security and Resilience https://shop.americanbar.org/eBus/Store/ProductDetails.aspx?productId=286274864 The ABA Cybersecurity Handbook: A Resource for Attorneys, Law Firms, and Business Professionals, Second Edition https://shop.americanbar.org/eBus/Store/ProductDetails.aspx?productId=280127783 Whistleblowers, Leaks, and the Media: The First Amendment and National Security https://shop.americanbar.org/eBus/Store/ProductDetails.aspx?productId=137391052 National Security, Emerging Technologies and the Law: A Lawyer Jurga Information and Speakers: https://www.americanbar.org/content/dam/aba/administrative/law_national_security/JurgaAgenda.pdf Registration Page: https://go.osu.edu/IS2018 Our moderators, Elisa and Andrew, are national security attorneys appearing on the podcast as individuals, and not on behalf of their agencies or firms
The black letter law discussed in this episode is: George Washington University Space Policy Institute https://spi.elliott.gwu.edu/ Center for Space Policy and Strategy http://www.aerospace.org/policy/ OECD Study Space 2030: Tackling Society’s Challenges https://www.keepeek.com//Digital-Asset-Management/oecd/economics/space-2030_9789264008342-en#page1 Dr. Hertzfeld’s TED talk “Who Owns The Moon” https://youtu.be/XU_jlTjL9dQ UN Committee on Peaceful Uses of Outer Space (COPUOS) http://www.unoosa.org/oosa/en/ourwork/copuos/index.html 1967 Outer Space Treaty http://www.unoosa.org/oosa/en/ourwork/spacelaw/treaties/outerspacetreaty.html Agreement on Rescue and Return of Astronauts http://www.unoosa.org/oosa/en/ourwork/spacelaw/treaties/rescueagreement.html Convention on Registration of Objects http://www.unoosa.org/oosa/en/ourwork/spacelaw/treaties/registration-convention.html Convention on Liability http://www.unoosa.org/oosa/en/ourwork/spacelaw/treaties/liability-convention.html Moon Agreement http://www.unoosa.org/oosa/en/ourwork/spacelaw/treaties/moon-agreement.html SPACE Act of 2015 https://www.congress.gov/114/plaws/publ90/PLAW-114publ90.pdf SpaceX http://www.spacex.com/ Journal of Space Law http://www.spacelaw.olemiss.edu/jsl/ German Journal of Air and Space Law http://www.english.zlw.heymanns.com/journal/ UN Office of Outer Space Affairs (UNOOSA) http://www.unoosa.org/ Dr. Hertzfeld is a professor at George Washington University https://elliott.gwu.edu/hertzfeld
The black letter law discussed in this episode is: Cybersecurity Executive Order https://www.whitehouse.gov/presidential-actions/presidential-executive-order-strengthening-cybersecurity-federal-networks-critical-infrastructure/ Cyber Readiness Index 2.0 https://www.belfercenter.org/publication/cyber-readiness-index-20 Comprehensive National Cybersecurity Initiative (CNCI) https://obamawhitehouse.archives.gov/node/233086 Vulnerabilities Equities Process https://www.whitehouse.gov/sites/whitehouse.gov/files/images/External%20-%20Unclassified%20VEP%20Charter%20FINAL.PDF Wannacry Ransomware https://www.cnet.com/news/wannacry-wannacrypt-uiwix-ransomware-everything-you-need-to-know/ Conficker Worm https://www.welivesecurity.com/2016/11/21/odd-8-year-legacy-conficker-worm/ Section Nine of Executive Order 13636 https://obamawhitehouse.archives.gov/the-press-office/2013/02/12/executive-order-improving-critical-infrastructure-cybersecurity PATCH Act of 2017 https://www.congress.gov/115/bills/hr2481/BILLS-115hr2481ih.pdf Eternal Blue Exploit http://www.wired.co.uk/article/what-is-eternal-blue-exploit-vulnerability-patch Melissa Hathaway is president of Hathaway Global Strategies https://www.hks.harvard.edu/faculty/melissa-hathaway
The black letter law discussed in this episode is: Primer on International Humanitarian Law https://www.icrc.org/eng/assets/files/other/what_is_ihl.pdf The major principles of IHL https://casebook.icrc.org/glossary/fundamental-principles-ihl Artificial Intelligence winning Texas hold ‘em https://www.geekwire.com/2017/libratus-ai-program-bested-professional-poker-players-no-limit-texas-holdem/ CCW (Convention on Certain Conventional Weapons) https://www.unog.ch/80256EE600585943/(httpPages)/4F0DEF093B4860B4C1257180004B1B30?OpenDocument 2017 CCW meeting https://www.unog.ch/80256EE600585943/(httpPages)/A0A0A3470E40345CC12580CD003D7927?OpenDocument ICRC (International Committee of the Red Cross) https://www.icrc.org/en DOD Directive on Autonomy in Weapon Systems https://cryptome.org/dodi/dodd-3000-09.pdf Federal Acquisition Regulations https://www.acquisition.gov/browsefar DOD Instruction on Joint Services Weapon and Laser System Safety Review Processes http://www.esd.whs.mil/Portals/54/Documents/DD/issuances/dodi/500069p.pdf?ver=2017-11-20-141123-893 Additional Protocol 1 https://ihl-databases.icrc.org/ihl/INTRO/470 LtCol Schuller’s articles: Inimical Inceptions of Imminence: A New Approach to Anticipatory Self-Defense Under the Law of Armed Conflict https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2701499 At the Crossroads of Control: The Intersection of Artificial Intelligence in Autonomous Weapon Systems with International Humanitarian Law https://harvardnsj.org/wp-content/uploads/sites/13/2017/02/Schuller-NSJ-Vol-8.pdf Alan Schuller is a professor at the Stockton Center for the Study of International Law: https://usnwc.edu/Faculty-and-Departments/Directory/Alan-L-Schuller
Thank you to guest moderator Harvey Rishikof. The black letter law discussed in this episode is: Office of Foreign Assets Control https://www.treasury.gov/about/organizational-structure/offices/Pages/Office-of-Foreign-Assets-Control.aspx International Traffic in Arms Regulation https://www.pmddtc.state.gov/regulations_laws/itar.html Verizon Data Breach Investigations Report (2017) http://www.verizonenterprise.com/verizon-insights-lab/dbir/2017/ DOJ announced charges in Yahoo hack https://www.justice.gov/opa/pr/us-charges-russian-fsb-officers-and-their-criminal-conspirators-hacking-yahoo-and-millions US critical infrastructure sectors https://www.dhs.gov/critical-infrastructure-sectors US Senate considered banning auto dial phones (1932) https://www.senate.gov/artandhistory/history/minute/Senate_Considers_Banning_Dial_Phones.htm Carpenter v. United States (including oral arguments) https://www.oyez.org/cases/2017/16-402 Amicus brief filed by technology experts including Verizon http://www.scotusblog.com/wp-content/uploads/2017/08/16-402-tsac-technology-experts.pdf 4th Amendment https://www.law.cornell.edu/constitution/fourth_amendment Smith v Maryland 442 U.S. 735 (1979) on 3rd Party Doctrine https://www.oyez.org/cases/1978/78-5374 ABA Journal and Patriots Debate discussion on 3rd Party Doctrine http://www.abajournal.com/magazine/article/the_data_question_should_the_third-party_records_doctrine_be_revisited/ United States v. Jones 132 S.Ct. 945 (2012) https://www.oyez.org/cases/2011/10-1259 Craig Silliman is the Executive Vice President for Public Policy and General Counsel at Verizon http://www.verizon.com/about/our-company/executive-bios/craig-silliman
The black letter law discussed in this episode is: Foreign Intelligence Surveillance Act https://www.congress.gov/110/plaws/publ261/PLAW-110publ261.pdf Minimization Procedures ( https://assets.documentcloud.org/documents/3718776/2016-Cert-FISC-Memo-Opin-Order-Apr-2017-1.pdf ) Upstream and Downstream communications https://www.nsa.gov/news-features/press-room/statements/2017-04-28-702-statement.shtml 4th Amendment https://www.law.cornell.edu/constitution/fourth_amendment 50 USC 1802 https://www.law.cornell.edu/uscode/text/50/1802 United States v. Barona 56 F.3d 1087 (9th Cir. 1995). https://law.resource.org/pub/us/case/reporter/F3/056/56.F3d.1087.90-50691.90-50694.90-50687.90-50686.90-50536.html United States v. Lachapelle 869 F.2d 488 (9th Cir. 1989) https://law.justia.com/cases/federal/appellate-courts/F2/869/488/339834/ United States v. Bin Laden, 126 F. Supp. 2d 264 (S.D.N.Y. 2000). https://law.justia.com/cases/federal/district-courts/FSupp2/126/290/2504822/ United States v. United States Dist. Ct., 407 U.S. 297 (1972) https://supreme.justia.com/cases/federal/us/407/297/case.html Youngstown Sheet & Tube Co. v. Sawyer, 343 U.S. 579 (1952). Justice Jackson Concurring Opinion https://supreme.justia.com/cases/federal/us/343/579/case.html#634 Section 215 of the USA PATRIOT Act https://apps.americanbar.org/natsecurity/patriotdebates/act-section-215 FISC Memorandum Opinion by Judge Bates https://lawfare.s3-us-west-2.amazonaws.com/staging/s3fs-public/uploads/2013/08/162016974-FISA-court-opinion-with-exemptions.pdf 9/11 Commission Report https://www.9-11commission.gov/report/911Report.pdf United States v. Verdugo-Urquidez, 494 U.S. 259 (1990) https://supreme.justia.com/cases/federal/us/494/259/ Full Video of the FISA Panel https://www.americanbar.org/content/aba/groups/public_services/law_national_security/events_cle/past_annual_review_conferences/27ARC-panel-6.html
The black letter law discussed in this episode: Sarbanes Oxley Act of 2002 (reforms post WorldCom and Enron) https://www.sec.gov/about/laws/soa2002.pdf Arthur Andersen LLP vs. United States 544 US 696 (2005) https://www.oyez.org/cases/2004/04-368 DOJ Evaluation of Corporate Compliance Programs https://www.justice.gov/criminal-fraud/page/file/937501/download SEC Evaluations of Corporate Compliance Programs https://www.sec.gov/info/iaiccco/iaiccco-resources.htm The Church Committee https://www.senate.gov/artandhistory/history/common/investigations/ChurchCommittee.htm Foreign Intelligence Surveillance Act of 1978 https://www.gpo.gov/fdsys/pkg/STATUTE-92/pdf/STATUTE-92-Pg1783.pdf National Security Act of 1947 https://www.cia.gov/library/readingroom/docs/1947-07-26.pdf Testimony of then- DNI Jim Clapper and then - CIA director John Brennan to Congress on the U.S. Intelligence Community’s investigation into Russian election influence https://www.c-span.org/video/?421334-1/senior-intelligence-officials-testify-russia-hacking-activities New York State Counterterrorism Advisory Panel https://www.governor.ny.gov/news/governor-cuomo-directs-mta-port-authority-heighten-security-throughout-holiday-season Ken Wainstein is a partner at Davis Polk https://www.davispolk.com/ For more information on other NatSec topics, check out our episodes on: Export Controls: https://soundcloud.com/nsltoday/dual-uses-and-3d-printers-with-chris-timura CFIUS: https://soundcloud.com/nsltoday/cfius-101-foreign-control-and-us-oversight-with-david-fagan Sanctions: https://soundcloud.com/nsltoday/the-summer-of-sanctions-with-brian-egan https://soundcloud.com/nsltoday/weaponizing-the-dollar-with-adam-smith Security Clearances: https://soundcloud.com/nsltoday/rewriting-the-rules-with-mark-zaid
The black letter law discussed in this episode is: The Antarctic Treaty https://www.state.gov/t/avc/trty/193967.htm UN Convention on the Law of the Sea http://www.un.org/depts/los/convention_agreements/convention_overview_convention.htm NASA data on summer ice melt https://www.nasa.gov/feature/goddard/2017/end-of-summer-arctic-sea-ice-extent-is-eighth-lowest-on-record http://nsidc.org/arcticseaicenews/ Russian Military Buildup Map http://foreignpolicy.com/2017/01/25/heres-what-russias-military-build-up-in-the-arctic-looks-like-trump-oil-military-high-north-infographic-map/ Russian and Global Icebreaker Buildup http://www.dco.uscg.mil/Portals/9/DCO%20Documents/Office%20of%20Waterways%20and%20Ocean%20Policy/20170501%20major%20icebreaker%20chart.pdf?ver=2017-06-08-091723-907 Arctic Council http://arctic-council.org/index.php/en/ Section of the Tax Cuts and Jobs Act of 2017 approving drilling in the Arctic National Wildlife Refuge https://www.congress.gov/115/bills/hr1/BILLS-115hr1enr.pdf#page=182 Oil Spill regulations in the Arctic https://www.americanbar.org/content/dam/aba/administrative/environment_energy_resources/resources/baker_sidortsov_hydrocabon_Arctic.authcheckdam.pdf Oil Spill hazards in the Arctic https://www.scientificamerican.com/article/the-u-s-is-not-ready-to-clean-up-an-arctic-oil-spill/ The Sourcebook of Public Private Partnerships for Security and Resilience https://shop.americanbar.org/eBus/Store/ProductDetails.aspx?productId=286274864&term=public+private+partnership Careers in National Security Law Book https://www.americanbar.org/content/dam/aba/administrative/law_national_security/nsl_text.pdf Lindsay Rodman’s biography and contact info: http://www.cips-cepi.ca/linsday-l-rodman-postdoctoral-fellow/ For more about National Security and the Arctic, watch the full video of a panel from the 27th Annual Review of the Field of National Security Law, titled “The Arctic: National Security and Oceans Law for the New Maritime Frontier” https://www.americanbar.org/groups/public_services/law_national_security/events_cle/past_annual_review_conferences/27ARC-panel-7.html
The black letter law in this episode is: Committee on Foreign Investment in the United States (CFIUS) https://www.treasury.gov/resource-center/international/Pages/Committee-on-Foreign-Investment-in-US.aspx Foreign Ownership, Control or Influence (FOCI) http://www.dss.mil/isp/foci/foci_info.html Executive Order 11858 establishing CFIUS https://www.archives.gov/federal-register/codification/executive-order/11858.html Dubai World Ports Controversy https://www.cfr.org/backgrounder/uae-purchase-american-port-facilities Foreign Investment and National Security Act of 2007 (FINSA) https://www.congress.gov/110/plaws/publ49/PLAW-110publ49.pdf 50 USC 4565 https://www.law.cornell.edu/uscode/text/50/4565 Youngstown Sheet & Tube Co. v. Sawyer, 343 U.S. 579 (1952) https://supreme.justia.com/cases/federal/us/343/579/case.html Ralls Corp. v. Committee on Foreign Investment in the United States, et al., No. 13-5315 (D.C. Cir. July 15, 2014) https://www.cadc.uscourts.gov/internet/opinions.nsf/B27E81AF31E360DA85257D16004E43E7/$file/13-5315-1502552.pdf Obama order compelling the divestiture of the Ralls Windfarm https://obamawhitehouse.archives.gov/the-press-office/2012/09/28/order-signed-president-regarding-acquisition-four-us-wind-farm-project-c The proposed new CFIUS bill: Foreign Investment Risk Review Modernization Act of 2017 (S.2098) https://www.feinstein.senate.gov/public/_cache/files/8/d/8ddd5830-5e2b-4e7c-9c6f-2c206c953868/5A37EAB23418E531304A42ABA8CF0B2F.cfius.pdf David Fagan is a partner at Covington & Burling https://www.cov.com/
The black letter law and links in this episode: The ABA Cybersecurity Handbook, 2nd Edition https://shop.americanbar.org/eBus/Store/ProductDetails.aspx?productId=280127783&term=cybersecurity HIPAA Security Regulations https://www.hhs.gov/hipaa/for-professionals/security/laws-regulations/index.html Presidential Policy Directive 21 https://obamawhitehouse.archives.gov/the-press-office/2013/02/12/presidential-policy-directive-critical-infrastructure-security-and-resil Anthem Breach http://www.databreach-settlement.com/ Foreign perpetrators of the Anthem Breach http://www.insurance.ca.gov/0400-news/0100-press-releases/2017/release001-17.cfm WannaCry affecting the NHS in the UK https://www.nao.org.uk/wp-content/uploads/2017/10/Investigation-WannaCry-cyber-attack-and-the-NHS.pdf Yahoo breach causing the General Counsel to resign http://www.bakerbotts.com/ideas/publications/2017/03/yahoo-breach-results Volkswagen executive sentenced https://www.theguardian.com/business/2017/dec/06/oliver-schmidt-jailed-volkswagen-emissions-scam-seven-years ABA Ethics opinion 477R https://www.americanbar.org/content/dam/aba/administrative/professional_responsibility/aba_formal_opinion_477.authcheckdam.pdf Paradise Papers the result of a hack of Appleby http://www.businessinsider.com/financial-secrets-of-super-rich-stolen-offshore-appleby-2017-10 Homeland Security Report on Information Sharing https://www.dhs.gov/sites/default/files/publications/HSAC_InfoSharing_FinalReport.pdf Types of Information Sharing Organizations https://www.dhs.gov/topic/cybersecurity-information-sharing Legal ISAO https://www.grfederation.org/Members-LS-ISAO Auto ISAC subpoenaed in Flynn v. FCA https://www.wileyrein.com/newsroom-newsletters-item-December_2017_PIF_Security_Discussions_Are_ISACs_Operations_Vulnerable_to_Third_Parties.html Panama Papers &the result of a breach at the firm Mossack Fonseca https://www.theguardian.com/world/2017/feb/10/panama-papers-mossack-fonseca-offices-raided-over-odebrecht-bribery-scandal DLA Piper breached by the NoPetya ransomware https://abovethelaw.com/2017/06/global-biglaw-firm-paralyzed-by-new-ransomware-attack/ Jill Rhodes is Vice President and Chief Information Security Officer at Option Care.
The black letter law discussed in this episode is: Nuremburg and Tokyo Tribunals https://history.state.gov/milestones/1945-1952/nuremberg International Criminal Tribunal for the former Yugoslavia http://www.icty.org/ International Criminal Tribunal for Rwanda http://unictr.unmict.org/ International Criminal Court Rome Statute https://www.icc-cpi.int/nr/rdonlyres/ea9aeff7-5752-4f84-be94-0a655eb30e16/0/rome_statute_english.pdf Extraordinary Chambers in the Courts of Cambodia https://www.eccc.gov.kh/en Ad-Hoc Court for East Timor https://www.globalpolicy.org/international-justice/international-criminal-tribunals-and-special-courts/adhoc-court-for-east-timor.html Voluntary Principles on Security and Human Rights https://www.state.gov/j/drl/vp/ NAFTA Dispute Settlements https://www.nafta-sec-alena.org/Home/Dispute-Settlement/Overview-of-the-Dispute-Settlement-Provisions Jesner V Arab Bank https://www.oyez.org/cases/2017/16-499 Kiobel v Royal Dutch Petroleum https://www.oyez.org/cases/2011/10-1491 Alien Tort Statute 28 USC Section 1350 https://www.law.cornell.edu/uscode/text/28/1350 SEC Rules on Conflict Minerals https://www.sec.gov/opa/Article/2012-2012-163htm---related-materials.html SEC Release declaring that those rules are no longer in effect https://www.sec.gov/news/public-statement/corpfin-updated-statement-court-decision-conflict-minerals-rule EU Rules on Conflict Minerals http://ec.europa.eu/trade/policy/in-focus/conflict-minerals-regulation/
Xander Meise is a partner with Mitchell, Silberberg & Knupp https://www.msk.com/ You can also hear her on the Secure Line podcast http://thesecureline.com/
This is Part II of our conversation with Steven Pelak. The black letter law in this episode is:
National Defense Authorization Act for FY 2008, Pub. L. 110-181 § 1083 https://www.gpo.gov/fdsys/pkg/PLAW-110publ181/pdf/PLAW-110publ181.pdf
Justice for US victims of State Sponsored Terrorism Act, 34 U.S.C.§ 20144 https://www.law.cornell.edu/uscode/text/34/20144
Terrorism Risk Insurance Act, Pub. L. 107-297, 2002 https://www.gpo.gov/fdsys/pkg/PLAW-107publ297/html/PLAW-107publ297.htm
Foreign Sovereign Immunities Act 28 U.S.C. §1602-11 https://www.gpo.gov/fdsys/pkg/USCODE-2011-title28/html/USCODE-2011-title28-partIV-chap97.htm
In re Terrorist Attacks on September 11, 2001, 714 F.3d 109 (2d Cir. 2013). https://www.leagle.com/decision/inadvfco130725000045
Justice Against Sponsors of Terrorism Act PUBLIC LAW 114–222 https://www.congress.gov/114/plaws/publ222/PLAW-114publ222.pdf
Persinger v. Iran, 729 F.2d 835 (D.C. Cir. 1984). https://law.justia.com/cases/federal/appellate-courts/F2/729/835/313268/
Smith v. Socialist People’s Libyan Arab Jamahiriya, 101 F.3d 239, (2d Cir. 1996). http://uniset.ca/other/cs5/886FSupp306.html
Rein v. Socialist People’s Libyan Arab Jamahiriya, 162 F.3d 748 (2nd Cir. 1998). http://uniset.ca/other/cs5/995FSupp325.html
Roeder v. Islamic Republic of Iran, 333 F.3d 228 (D.C. Cir. 2003). https://www.justice.gov/osg/brief/roeder-v-islamic-republic-iran-opposition
Hill v. Republic of Iraq, 328 F.3d 680, (D.C. Cir. 2003). https://openjurist.org/328/f3d/680/hill-v-republic-of-iraq
Ewlahi v. Islamic Republic of Iran, 124 F.Supp. 2d 97 (D.D.C. 2000). https://law.justia.com/cases/federal/district-courts/FSupp2/124/97/2569541/
Weinstein v. Islamic republic of Iran, 184 F. Supp. 2d. 13, (D.D.C. 2002). https://www.courtlistener.com/opinion/2470630/weinstein-v-islamic-republic-of-iran/
Campussano v. Iran, 281 F.Supp.2d 258 (D.D.C. 2003). https://www.leagle.com/decision/2003539281fsupp2d2581525
Mohamad v. Palestinian Authority, 566 US __ (2012). https://supreme.justia.com/cases/federal/us/566/11-88/
Cicippio- Pueleo v. Iran, 353 F.2d 1024 (D.C. Cir. 2004). https://openjurist.org/353/f3d/1024/cicippio-puleo-v-islamic-republic-of-iran
Fritz vs. Islamic Republic of Iran https://www.pacermonitor.com/public/case/7887942/FRITZ_et_al_v_ISLAMIC_REPUBLIC_OF_IRAN_et_al#
United States v. ZTE, No. 17-CR-120 (N.D. Tex. 2017) – “Satisfaction of Judgment” https://www.americanbar.org/content/dam/aba/administrative/law_national_security/USAvZTE%20Satisfaction%20of%20Judgment.authcheckdam.pdf
BNP Paribas fined for sanctions violations https://www.justice.gov/opa/pr/bnp-paribas-sentenced-conspiring-violate-international-emergency-economic-powers-act-and
January 2017 Report by the Special Master Kenneth Feinberg to U.S. Congress - U.S. Victims of State Sponsored Terrorism Fund, http://www.usvsst.com/docs/USVSST%20Fund%20Congressional%20Report%201-9-17.pdf
August 2017 Supplementary Report by the Special Master Kenneth Feinberg to U.S. Congress – U.S. Victims of State Sponsored Terrorism Fund, http://www.usvsst.com/docs/USVSST%20Fund%20Supplemental%20Congressional%20Report%208-2-2017.pdf
The law firm of Holland & Hart can be found at https://www.hollandhart.com/
The black letter law discussed in this episode is: Antiterrorism and Effective Death Penalty Act, Pub. L. 104-132, §221 (1996) https://www.gpo.gov/fdsys/pkg/PLAW-104publ132/html/PLAW-104publ132.htm
Addition of Terrorism Exception to FSIA, 28 USC §1605(a)(7) https://www.law.cornell.edu/uscode/text/28/1605A
Justice for US victims of State Sponsored Terrorism Act, 34 U.S.C.§ 20144 https://www.law.cornell.edu/uscode/text/34/20144
Foreign Sovereign Immunities Act 28 U.S.C. §1602-11 https://www.gpo.gov/fdsys/pkg/USCODE-2011-title28/html/USCODE-2011-title28-partIV-chap97.htm
Actions Against Foreign States, 28 U.S.C. §1330 https://www.law.cornell.edu/uscode/text/28/1330
Provision of Material Support or Resources, 18 U.S.C. §2339(A). https://www.law.cornell.edu/uscode/text/18/2339A
International Convention Against the Taking of Hostages, 9 June 1983, No. 21931, (Jan. 1985 - U.S. effective). https://treaties.un.org/doc/db/terrorism/english-18-5.pdf
Hostage Taking, 18 U.S.C. §1203 https://www.law.cornell.edu/uscode/text/18/1203
Torture Victim Protection Act 1992 Pub. L. 102-256 https://www.gpo.gov/fdsys/pkg/STATUTE-106/pdf/STATUTE-106-Pg73.pdf
Alien Tort Statute 28 USC §1350 https://www.law.cornell.edu/uscode/text/28/1350
U.N. Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or punishment, 10 December 1984. http://www.ohchr.org/EN/ProfessionalInterest/Pages/CAT.aspx
Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation, No. 12325 (197). http://www.un.org/en/sc/ctc/docs/conventions/Conv2.pdf
Mandatory Victims Restitution Act, 18 U.S.C. §3663(a). https://www.law.cornell.edu/uscode/text/18/3663A
The Schooner Exchange v. Mcfaddon, 11 U.S. 116 (1812). https://supreme.justia.com/cases/federal/us/11/116/case.html
US v. Klein, 80 U.S. 128 (1871). https://supreme.justia.com/cases/federal/us/80/128/case.html
Letelier v. Republic of Chile, 488 F.Supp. 665. (D.D.C. 1980). https://law.justia.com/cases/federal/district-courts/FSupp/488/665/1400196/
First National City bank v. Banco Para El Comercio Exterior de Cuba, 462 U.S. 611 (1983). https://supreme.justia.com/cases/federal/us/462/611/case.html
Smith v. Libya, 101 F.3d 239 (2d Cir. 1996). https://www.leagle.com/decision/1996340101f3d2391294
Princz v. Germany, 813 F.Supp. 22 (D.D.C. 1992). https://law.justia.com/cases/federal/district-courts/FSupp/813/22/1807808/
Alejandre v. Cuba, 42 F. Supp. 2d 1317 (S.D. Fla. 1999). https://law.justia.com/cases/federal/district-courts/FSupp2/42/1317/2501671/
WAMAI et al v. REPUBLIC OF SUDAN et al, No. 1:2008cv01349 - Document 55 (D.D.C. 2011) https://law.justia.com/cases/federal/district-courts/district-of-columbia/dcdce/1:2008cv01349/132534/55/
1952 Jake Tate Letter, State Department Office of Legal Counsel reprinted in 26 DEP'T ST. BULL. (1952) Pages 984-985 https://hdl.handle.net/2027/uiuo.ark:/13960/t3515kb1d?urlappend=%3Bseq=470
Steve Pelak is a partner at Holland & Hart https://www.hollandhart.com/
Thank you to Advisory Committee Chair Harvey Rishikof for appearing in this episode. The black letter law discussed in this podcast is: Foreign Spies: Stealing U.S. Economic Secrets in Cyberspace (2011 ONCIX report) http://www.thecre.com/fisma/wp-content/uploads/2011/11/Foreign_Economic_Collection_2011.pdf
Economic Espionage Act, 18 U.S.C. §1831-1832: https://www.law.cornell.edu/uscode/text/18/1831 And https://www.law.cornell.edu/uscode/text/18/1831 E.O. 13694 (April 1, 2015), Blocking the Property of Certain Persons Engaging in Significant malicious Cyber-Enabled Activities: https://obamawhitehouse.archives.gov/the-press-office/2015/04/01/executive-order-blocking-property-certain-persons-engaging-significant-m U.S. Department of Commerce, Bureau of Industry and Security, Entity List: https://www.bis.doc.gov/index.php/policy-guidance/lists-of-parties-of-concern/entity-list Update to the IP Commission Report, February 2017: http://ipcommission.org/report/IP_Commission_Report_Update_2017.pdf Section 301 of the Trade Act of 1974: https://www.trade.gov/mas/ian/tradedisputes-enforcement/tg_ian_002100.asp Full Trade Act: https://legcounsel.house.gov/Comps/93-618.pdf
U.S.-China Cyberspace norms developed in 2015: https://obamawhitehouse.archives.gov/the-press-office/2015/09/25/fact-sheet-president-xi-jinpings-state-visit-united-states
United States v. Wang Don, Sun Kailiang, Wen Xinyu, Huang Zhenyu, Gu Chunhui, Indictment: https://www.justice.gov/iso/opa/resources/5122014519132358461949.pdf
Chinese national Sentenced to Prison for Conspiracy to Steal Trade Secrets, October 5, 2016: https://www.justice.gov/opa/pr/chinese-national-sentenced-prison-conspiracy-steal-trade-secrets
U.S. and Chinese Defendants Charged with Economic Espionage and Theft of Trade Secrets in Connection with Conspiracy to Sell Trade Secrets to Chinese Companies, February 8, 2012: https://www.justice.gov/opa/pr/us-and-chinese-defendants-charged-economic-espionage-and-theft-trade-secrets-connection
Chinese National Pleads Guilty to Economic Espionage and Theft of a Trade Secret from U.S. Company, May 19, 2017: https://www.justice.gov/usao-sdny/pr/chinese-national-pleads-guilty-economic-espionage-and-theft-trade-secret-us-company
Kansas Agricultural Scientist Convicted in Theft of Engineered Rice, February 16, 2017: https://www.justice.gov/opa/pr/kansas-agricultural-scientist-convicted-theft-engineered-rice
Chinese National Who Conspired to Hack into U.S. Defense Contractors’ Systems Sentenced to 46 Months in Federal Prison, July 13, 2016: https://www.justice.gov/opa/pr/chinese-national-who-conspired-hack-us-defense-contractors-systems-sentenced-46-months
ZTE Corporation Agrees to Plead Guilty and Pay Over $430.4 Million for Violating U.S. Sanctions by Sending U.S.-Origin Items to Iran, Mary 7, 2017: https://www.justice.gov/opa/pr/zte-corporation-agrees-plead-guilty-and-pay-over-4304-million-violating-us-sanctions-sending
Article: Cyber Crime Costs Projected To Reach $2 Trillion by 2019 https://www.forbes.com/sites/stevemorgan/2016/01/17/cyber-crime-costs-projected-to-reach-2-trillion-by-2019/#7b255b873a91
The National Security Division of the U.S. Department of Justice can be found online: https://www.justice.gov/nsd
The black letter law discussed in this episode is: The International Emergency Economic Powers Act (IEEPA) https://www.treasury.gov/resource-center/sanctions/Documents/ieepa.pdf Export Administration Act http://legcounsel.house.gov/Comps/eaa79.pdf Arms Export Control Act https://www.gpo.gov/fdsys/pkg/USCODE-2010-title22/html/USCODE-2010-title22-chap39.htm Nuclear Nonproliferation Treaty https://www.un.org/disarmament/wmd/nuclear/npt/text Biological Weapons Convention http://disarmament.un.org/treaties/t/bwc/text Wassenaar Arrangement http://www.wassenaar.org/ Wassenaar Control Lists http://www.wassenaar.org/control-lists/ US Patent and Trademark Office Export Controls https://www.uspto.gov/learning-and-resources/support-centers/electronic-business-center/export-control Nuclear Regulatory Commission Export Controls https://www.nrc.gov/about-nrc/ip/export-import.html ITAR International Traffic and Arms Regulation (ITAR) https://www.pmddtc.state.gov/regulations_laws/itar.html Export Administration Regulations (EAR) https://www.bis.doc.gov/index.php/regulations/export-administration-regulations-ear Kidane v. Ethiopia https://www.cadc.uscourts.gov/internet/opinions.nsf/E0C614D73F037CAD852580E3004EE648/$file/16-7081-1665840.pdf http://www.dcd.uscourts.gov/sites/dcd/files/show_public_doc.pdf European Union Dual Use Regulations http://eur-lex.europa.eu/legal-content/EN/TXT/?qid=1489490204085&uri=CELEX:02009R0428-20161116 Export Control Classifications (21 for ITAR and 10 for EAR) https://research.ncsu.edu/sparcs/compliance/export-controls/exports-tree/exports-tree-lists/ ITAR 126.1 https://www.law.cornell.edu/cfr/text/22/126.1 Defense Distributed v. United States Department of State https://www.documentcloud.org/documents/3111635-15-50759-Documents.html Obama Era Export Control Reform Initiative https://www.export.gov/article?id=Export-Control-Reform-ECR Gibson, Dunn & Crutcher can be found at www.gibsondunn.com
Joel Brenner's report - https://internetpolicy.mit.edu/reports/Report-IPRI-CIS-CriticalInfrastructure-2017-Brenner.pdf
Follow the Standing Committee on Law and National Security on Twitter at https://twitter.com/ABANatSec
Public Interest Declassification Board - https://www.archives.gov/declassification/pidb Freedom of Information Act - https://www.justice.gov/oip/freedom-information-act-5-usc-552 FOIA.gov - https://www.foia.gov/ Department of the Navy v. Egan 484 U.S. 518 (1988) - https://supreme.justia.com/cases/federal/us/484/518/ OpEd in Washington Post - https://www.washingtonpost.com/posteverything/wp/2017/06/08/reality-winner-isnt-a-whistleblower-or-a-victim-of-trumps-war-on-leaks/?utm_term=.a045522ee39e Espionage Act - http://www.digitalhistory.uh.edu/disp_textbook.cfm?smtid=3&psid=3904 Executive Order 13526 (Classification) - https://www.archives.gov/isoo/policy-documents/cnsi-eo.html Vaughn Index definition https://www.govinfo.gov/content/pkg/CFR-2002-title32-vol5/html/CFR-2002-title32-vol5-sec701-39.htm Executive Order 12968 (Security Clearance) - https://www.gpo.gov/fdsys/pkg/FR-1995-08-07/pdf/95-19654.pdf SF-86 - https://www.opm.gov/forms/pdf_fill/sf86-non508.pdf Foreign Sovereign Immunities Act - https://www.gpo.gov/fdsys/pkg/STATUTE-90/pdf/STATUTE-90-Pg2891.pdf PanAm 103/Lockerbie bombing - http://www.cnn.com/2013/09/26/world/pan-am-flight-103-fast-facts/index.html Victim’s families vs. Libyan government - http://uniset.ca/other/cs5/995FSupp325.html 28 USC 1605A (Terrorism Exception to FSIA) - https://www.law.cornell.edu/uscode/text/28/1605A JFK Assassination Records - https://www.archives.gov/research/jfk/2017-release Mark Zaid is a founder of the Whistleblower Aid project - https://whistlebloweraid.org/ He is the managing partner of The Law Offices of Mark Zaid - http://www.markzaid.com/
For more information about the 27th Annual Review of the Field of National Security Law Conference visit us at americanbar.org/natsecurity or at this link https://goo.gl/3nAsGz
Check out the other panels and panelists, and learn about available CLE credit.
Gibson, Dunn & Crutcher can be found at gibsondunn.com
The black letter law and references in this episode are: Treasury Department Office of Foreign Assets Control https://www.treasury.gov/about/organizational-structure/offices/Pages/Office-of-Foreign-Assets-Control.aspx 50 USC Trading With the Enemy Act of 1917 (TWEA) https://www.gpo.gov/fdsys/pkg/USCODE-2011-title50/pdf/USCODE-2011-title50-app-tradingwi.pdf 50 USC Chapter 35 International Emergency Economic Powers (IEEPA) https://www.law.cornell.edu/uscode/text/50/chapter-35 Continuation of a National Emergency for North Korean Activities https://www.whitehouse.gov/the-press-office/2017/06/21/continuation-national-emergency-respect-north-korea North Korea Sanctions https://www.state.gov/e/eb/tfs/spi/northkorea/index.htm UN Resolution 2375 on North Korea http://unscr.com/en/resolutions/doc/2375 A Fact Sheet on UNR 2375 https://usun.state.gov/remarks/7969 Continuation of a National Emergency for Venezuelan Actions https://obamawhitehouse.archives.gov/the-press-office/2017/01/13/notice-continuation-national-emergency-respect-venezuela Venezuela sanctions https://www.whitehouse.gov/the-press-office/2017/08/25/presidential-executive-order-imposing-sanctions-respect-situation BNP Paribas Sanctions Fine https://www.reuters.com/article/us-bnp-paribas-settlement-sentencing/bnp-paribas-sentenced-in-8-9-billion-accord-over-sanctions-violations-idUSKBN0NM41K20150501 ZTE Sanctions Fine https://www.justice.gov/opa/pr/zte-corporation-agrees-plead-guilty-and-pay-over-4304-million-violating-us-sanctions-sending Economy described as critical infrastructure by DHS https://www.dhs.gov/financial-services-sector Countering America’s Adversaries Through Sanctions Act of 2017 (Incl. Section 216 the Russia Sanctions Review Act of 2017) https://www.congress.gov/115/bills/hr3364/BILLS-115hr3364ih.pdf Ukraine Freedom Support Act https://www.gpo.gov/fdsys/pkg/PLAW-113publ272/pdf/PLAW-113publ272.pdf https://www.treasury.gov/resource-center/sanctions/OFAC-Enforcement/Pages/20170825.aspx Global Magnitsky Act https://www.congress.gov/114/bills/s284/BILLS-114s284rfh.pdf Federal Register Report on the Magnitsky Act https://www.federalregister.gov/documents/2017/06/20/2017-12791/global-magnitsky-human-rights-accountability-act-report Myanmar Sanctions Program https://www.state.gov/burma-sanctions/ JCPOA full text https://apps.washingtonpost.com/g/documents/world/full-text-of-the-iran-nuclear-deal/1651/ Iran Treasury Sanctions https://www.treasury.gov/resource-center/sanctions/Programs/pages/iran.aspx President Trump announces he will not recertify the JCPOA https://www.cnbc.com/2017/10/13/trump-will-refuse-to-certify-iran-nuclear-deal-in-strategic-shift.html Corker-Cardin Bill, Iran Nuclear Agreement Review Act of 2015 https://www.congress.gov/114/bills/s615/BILLS-114s615rs.pdf To learn more about Gibson, Dunn & Crutcher, visit www.gibsondunn.com
Thank you to our guest moderator Andrew. The black letter law discussed in this episode is: Foreign Agents Registration Act 22 USC 611 Subchapter 2 - https://www.law.cornell.edu/uscode/text/22/chapter-11/subchapter-II FARA.gov - https://www.fara.gov/ FARA FAQ - https://www.fara.gov/fara-faq.html#5 FARA Registration Forms - https://www.fara.gov/forms.html FARA Searchable Database - https://www.fara.gov/quick-search.html Senate Judiciary Committee Hearings on FARA July 26, 2017 - https://www.judiciary.senate.gov/meetings/oversight-of-the-foreign-agents-registration-act-and-attempts-to-influence-us-elections-lessons-learned-from-current-and-prior-administrations Senate Judiciary Committee Hearings on FARA July 27, 2017 - https://www.judiciary.senate.gov/meetings/oversight-of-the-foreign-agents-registration-act-and-attempts-to-influence-us-elections-lessons-learned-from-current-and-prior-administrations-day-2 United States v. Irish Northern Aid Committee - http://law.justia.com/cases/federal/district-courts/FSupp/530/241/1370227/ The Justice Department’s report on Billy Carter’ Libyan finance ties - http://www.nytimes.com/1981/04/22/us/text-of-the-final-justice-department-report-on-activities-in-the-billy.html?pagewanted=all In the past 10 years, there have been 4 criminal cases with FARA charges U.S. v Tongsun Park - https://www.courtlistener.com/opinion/1507748/united-states-v-park/ U.S. v Siljander (DOJ news release) -https://www.justice.gov/archive/usao/mow/news2010/siljander.ple.htm U.S. v Fai (DOJ news release)- https://www.justice.gov/opa/pr/two-charged-conspiring-act-unregistered-agents-pakistani-government U.S. v Ben Israel - https://www.gpo.gov/fdsys/granule/USCOURTS-ilnd-1_13-cr-00572/USCOURTS-ilnd-1_13-cr-00572-5 The Lobbying Disclosure Act - https://lobbyingdisclosure.house.gov/lda.html Op Ed by George Clooney - http://time.com/4847706/george-clooney-sudan-lobbying/ Proposed new FARA bill by Senator Shaheen - https://www.congress.gov/115/bills/s625/BILLS-115s625is.pdf News articles on Facebook’s foreign ad sales - https://www.reuters.com/article/us-facebook-politics/facebook-to-give-russia-linked-ads-to-u-s-congress-on-monday-idUSKCN1C706L http://www.cnn.com/2017/10/03/politics/russian-facebook-ads-michigan-wisconsin/index.html Arnold & Porter - https://www.apks.com/en
The Black Letter Law discussed in this episode is: 50 USC Trading With the Enemy Act of 1917 (TWEA): https://www.gpo.gov/fdsys/pkg/USCODE-2011-title50/pdf/USCODE-2011-title50-app-tradingwi.pdf
50 USC Chapter 35 International Emergency Economic Powers (IEEPA)https://www.law.cornell.edu/uscode/text/50/chapter-35
Countering America’s Adversaries Through Sanctions Act of 2017 (Incl. Section 216 the Russia Sanctions Review Act of 2017) https://www.congress.gov/115/bills/hr3364/BILLS-115hr3364ih.pdf
Russian Consulate Closures https://www.reuters.com/article/us-usa-russia-diplomacy/u-s-retaliates-against-russia-orders-closure-of-consulate-annexes-idUSKCN1BB2CY
North Korea Sanctions: https://www.state.gov/e/eb/tfs/spi/northkorea/index.htm Resolution 2371 from the UN Security Council: https://usun.state.gov/remarks/7924 North Korean Missile Tests in 2017: http://abcnews.go.com/International/north-korean-missile-test-year/story?id=46592733
Iran Sanctions: https://www.treasury.gov/resource-center/sanctions/Programs/pages/iran.aspx A timeline of Iranian sanctions: https://www.cfr.org/backgrounder/international-sanctions-iran New Iran sanctions: https://www.state.gov/r/pa/prs/ps/2017/07/272635.htm Joint Comprehensive Plan of Action (JCPOA) full text: https://apps.washingtonpost.com/g/documents/world/full-text-of-the-iran-nuclear-deal/1651/
Venezuela Sanctions: https://www.state.gov/e/eb/tfs/spi/venezuela/index.htm Treasury FAQ: https://www.treasury.gov/resource-center/sanctions/Programs/Pages/venezuela.aspx
Section 311 PATRIOT ACT Treasury Fact Sheet: https://www.treasury.gov/press-center/press-releases/Pages/tg1056.aspx Full text of the PATRIOT ACT: https://www.gpo.gov/fdsys/pkg/PLAW-107publ56/pdf/PLAW-107publ56.pdf
FinCEN Rulemaking List: https://www.fincen.gov/resources/statutes-and-regulations/311-special-measures
Counterterrorism sanctions: https://www.un.org/sc/suborg/en/sanctions/1267/aq_sanctions_list In PDF: https://scsanctions.un.org/fop/fop?xml=htdocs/resources/xml/en/consolidated.xml&xslt=htdocs/resources/xsl/en/al-qaida.xsl
OFAC License application and FAQ: https://www.treasury.gov/resource-center/sanctions/Pages/licensing.aspx https://www.treasury.gov/resource-center/faqs/Sanctions/Pages/faq_general.aspx#licenses
Visit the Steptoe & Johnson website at http://www.steptoe.com/ and visit their International Compliance blog http://www.steptoeinternationalcomplianceblog.com/
To sign up for OFAC email notifications visit this site: https://public.govdelivery.com/accounts/USTREAS/subscriber/new?topic_id=USTREAS_61
For FinCEN updates: https://service.govdelivery.com/accounts/USFINCEN/subscriber/new
Raj De is a partner at Mayer Brown, www.mayerbrown.com
The black letter law discussed in this episode is: -Executive Order 13636 -- Improving Critical Infrastructure Cybersecurity identifies "Section 9" critical infrastructure organizations https://obamawhitehouse.archives.gov/the-press-office/2013/02/12/executive-order-improving-critical-infrastructure-cybersecurity -The European Union General Data Protection Regulation http://eur-lex.europa.eu/legal-content/EN/TXT/?uri=uriserv:OJ.L_.2016.119.01.0001.01.ENG&toc=OJ:L:2016:119:TOC - The Foreign Intelligence Surveillance Act (FISA) amended 2008 https://www.congress.gov/110/plaws/publ261/PLAW-110publ261.pdf - Committee on Foreign Investment in the United States (CFIUS) https://www.treasury.gov/resource-center/international/Pages/Committee-on-Foreign-Investment-in-US.aspx -9/11 Commission https://www.9-11commission.gov/ -Cybersecurity Information Sharing Act https://www.congress.gov/114/bills/s754/BILLS-114s754es.pdf
Introducing National Security Law Today from the American Bar Association Standing Committee on Law and National Security
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