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

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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 Wilkinson'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