National Security Law Today

Recorded live on September 29th at the Army and Navy Club in Washington, D.C., this episode brings together host Elisa Poteat, Lt. Gen. Jack Shanahan, USAF (Ret.), former DCSA Director David Cattler, and Professor Gary Corn to explore this changing landscape. Drawing on their experience in military AI, intelligence, and national security law, the speakers offer perspectives on what these advances mean for defense and military operations. Together, they consider how national security strategy and law can keep pace as emerging technologies reshape the battlefield.

Lt. Gen. Jack Shanahan, USAF (Ret.), was the inaugural director of the Department of Defense’s Joint Artificial Intelligence Center and the founding director of Project Maven, pioneering the use of AI in military operations and intelligence.

David Cattler is a senior strategic advisor and founder of Ironhelm Works who previously served as director of the Defense Counterintelligence and Security Agency and NATO Assistant Secretary General for Intelligence and Security.

Professor Gary Corn is director of the Technology, Law & Security Program at American University, and an adjunct professor of cyber and national security law who previously served as general counsel to U.S. Cyber Command.

Elisa Poteat and Standing Committee Chair Glenn Gerstell preview the 36th Annual Review of National Security Law CLE Conference, AI and Disruptive Technologies: Transforming National Security and the Law. The conference will feature top experts from legal and policy fields discussing AI safety, geopolitical competition, emerging warfare, quantum computing, election security, and more. With keynote conversations, networking opportunities, and up to 10 hours of CLE credit available, the conference offers a chance to engage directly with the issues shaping the future of national security law.

Don't miss out! Early bird registration is still open for the 36th Annual Review of National Security Law CLE Conference – Oct. 8th-9th, at the Omni Shoreham hotel in Washington, DC

Glenn S. Gerstell is Chair of the ABA Standing Committee on Law and National Security, a Senior Adviser at the Center for Strategic and International Studies, and former General Counsel of the National Security Agency

The U.S. and China are both racing to advance artificial intelligence, but they may not be running the same race. Graham Webster, research scholar at Stanford University’s Center for International Security and Cooperation, joins Elisa Poteat to examine China’s rapidly evolving AI ecosystem, from open-weight reasoning models and semiconductor constraints to Beijing’s approach to regulation and risk. They explore what China means by keeping AI “under human control,” how Chinese and American policymakers perceive AI safety differently, and whether competition between the two countries is obscuring a much more complicated technological landscape.

Graham Webster is a research scholar in Stanford University’s Program on Geopolitics, Technology, and Governance and editor-in-chief of the DigiChina Project, where his work focuses on technology policy in China and U.S.–China relations.

References:

• Graham Webster, “Will China Crack Down on Open-Weight Models?” Tech Policy Press, August 17, 2026
• Graham Webster, Here It Comes, Substack
• Graham Webster, Here It Comes with Graham Webster, Apple Podcasts
• Xi Jinping, “Joining Hands to Build a Just and Equitable System for Global AI Governance,” 2026 World Artificial Intelligence Conference, July 17, 2026
• Dario Amodei, “We Must Pace the Frontier,” September 2026
• State Council of the People’s Republic of China, “New Generation Artificial Intelligence Development Plan,” July 20, 2017
• “Internet Information Service Algorithmic Recommendation Management Provisions,” effective March 1, 2022
• The Wall Street Journal, “China Also Thinks AI Could Kill Us. But First, It Wants to Match the U.S.,” September 14, 2026

What happens when technological change begins moving faster than the institutions designed to govern it? This week, Elisa is joined by Sam Hammond, Director of Artificial Intelligence Policy and Chief Economist at the Foundation for American Innovation, to examine AI as a potentially transformative technological regime change, from autonomous agents and scientific discovery to regulatory disruption, workforce displacement, and new national security risks. They consider how policymakers might preserve AI’s enormous potential while confronting the increasingly difficult question of how to keep its most powerful capabilities under control.

Sam Hammond is Director of Artificial Intelligence Policy and Chief Economist at the Foundation for American Innovation, where his research focuses on artificial intelligence and the institutional impact of emerging technologies.

References:

• Register for the 36th Annual Review of National Security Law CLE Conference – Oct. 8th-9th, at the Omni Shoreham hotel in Washington, DC
• Samuel Hammond, “The Sorcerer’s Apprentice”. Second Best. August 12, 2026.
• Samuel Hammond, “Europe Blunders on AI”. City Journal. March 22, 2024.
• Samuel Hammond, “AI and Leviathan”. Second Best series. August 23, 2023.
• Anthropic, “Responsible Scaling Policy”
• Utah Office of Artificial Intelligence Policy, “Doctronic AI Prescription Renewal Pilot”
• Robert C. Allen, “Engels’ Pause: Technical Change, Capital Accumulation, and Inequality in the British Industrial Revolution” (2009)
• Neal Stephenson, Snow Crash (1992)
• Octavia E. Butler, Parable of the Sower (1993)

Can private companies help the U.S. government fight cybercrime without creating new national security risks of their own? Michael McLaughlin, author of Battlefield Cyber, joins Elisa to examine the new Presidential Memorandum, Expanding Capabilities to Combat Transnational Cyber-Enabled Crime, and what it could mean for the private sector’s role in cyber surveillance and cyber effects operations against transnational criminal organizations. They explore the difficult questions surrounding oversight, attribution, liability, escalation, and the targeting of U.S. persons before turning to the latest national security headlines, from Meta’s multibillion-dollar settlement and the race for critical minerals to tensions in the Middle East and China’s increasingly visible push into AI and advanced robotics.

Michael McLaughlin is an attorney at Buchanan Ingersoll & Rooney, author of Battlefield Cyber, and a former senior counterintelligence advisor to U.S. Cyber Command.

References:

• Presidential Memorandum – Expanding Capabilities to Combat Transnational Cyber-Enabled Crime. August 12, 2026.
• Computer Fraud and Abuse Act
• Executive Order 12333 – United States Intelligence Activities
• National Security Presidential Memorandum 13 (NSPM-13)
• Article 51 of the United Nations Charter
• U.S. Constitution, Article I – Letters of Marque and Reprisal

This week, Elisa opens with a roundup of the latest national security news, including developments in Ukraine and Iran, emerging AI and biosecurity concerns, quantum readiness, and growing competition between U.S. and Chinese AI models. From there, the episode returns to a recent conversation between Elisa and former NSA Cybersecurity Director Rob Joyce, offering a broader perspective on how the national security community is adapting to rapid technological change. Drawing on his 34-year career at the NSA, Joyce offers a measured perspective on where the most significant risks are emerging, how government and industry can respond, and what it will take to stay ahead of the next generation of threats.

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:

Meta – The Future Is for Everyone

The Wall Street Journal – Iran’s Secret Plan to Escalate the War

Financial Times – How Ukrainian Drone Expertise Is Helping Colombian Narcos

Arc Institute – Evo 2 and AI-Designed Bacteriophages

Makkah Joint Defence Agreement – Saudi Arabia, Türkiye, and Pakistan

Financial Times – OpenAI and Anthropic in Price War as Chinese AI Rivals Gain Ground

Nikkei Asia – Five US Tech Giants’ Hidden Debts Soar to $1.65tn on Opaque AI Funding

Post Quantum Cryptography Strategy. Department of War. April 16 2026

E.O. 14413: Ushering in the Next Frontier of Quantum Innovation

Should lawmakers move quickly to regulate AI, or continue giving innovation room to run? This week, Elisa is joined by Jamil Jaffer, Founder and Executive Director of the National Security Institute at the Antonin Scalia Law School at George Mason University, to examine the evolving debate over AI regulation in the United States. Together, they discuss where targeted safeguards may be necessary, the national security risks posed by Chinese AI models, and whether Congress can realistically keep pace with rapid technological change. They also consider how the U.S. can address AI’s risks while preserving innovation and maintaining its competitive edge.

Jamil Jaffer is the Founder and Executive Director of the National Security Institute at George Mason University’s Antonin Scalia Law School, where he also serves as an Assistant Professor of Law and leads programs focused on national security, cyber, and intelligence law.

References:

• The Great American AI Act
• White House – Winning the Race: America’s AI Action Plan
• Sen. Mark Kelly’s AI and Defense Legislation
• EU Artificial Intelligence Act
• CrowdStrike Research on DeepSeek Security Vulnerabilities
• Booz Allen — What’s in America’s Code?

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"