National Security Law Today

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/