National Security Law Today

(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