National Security Law Today

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-petraeus

Moderated 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=41006278508578

The Geneva Conventions:

https://www.icrc.org/en/doc/assets/files/publications/icrc-002-0173.pdf

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

Roberts, 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-ghazvinian

References:

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/alvandi

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:

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=1000588399346

NSLT 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=1000585769361

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

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/

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_trope

Adriana 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.pdf

References:

Executive Order 14110:

https://www.govinfo.gov/content/pkg/FR-2023-11-01/pdf/2023-24283.pdf

The Bank Secrecy Act:

https://www.fdic.gov/regulations/safety/manual/section8-1.pdf

The CHIPS Act of 2022:

https://www.congress.gov/bill/117th-congress/house-bill/4346/text

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

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-preston

References:

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-levitt

References:

Levitt, Matthew. “The War Hamas Always Wanted.” Foreign Affairs, 16 Oct. 2023:

https://www.foreignaffairs.com/israel/war-hamas-always-wanted

The 1993 Oslo Accords and the Arab-Israeli Peace Process:

https://history.state.gov/milestones/1993-2000/oslo

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

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/0385548095

Greenberg, 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/0385544405

Greenberg, 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=true

Joshua A. Geltzer is the Deputy Assistant to the President and Deputy Homeland Security Advisor with the National Security Council:

www.lawfaremedia.org/contributors/jgeltzer

References:

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_1

Listen in to Dimitri's podcast, "Geopolitics Decanted" by Silverado:

https://podcast.silverado.org

The CHIPS Act of 2022:

https://www.congress.gov/bill/117th-congress/house-bill/4346/text

Alperovitch, 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.com

E.O. 12333:

https://dpcld.defense.gov/Portals/49/Documents/Civil/eo-12333-2008.pdf

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

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-goitein

References:

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.com

FISA Section 702 Overview:

https://www.dni.gov/files/icotr/Section702-Basics-Infographic.pdf

E.O. 12333:

https://dpcld.defense.gov/Portals/49/Documents/Civil/eo-12333-2008.pdf

Electronic Communications Privacy Act of 1986:

https://bja.ojp.gov/program/it/privacy-civil-liberties/authorities/statutes/1285

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

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.-mclaughlin

References:

The Bank Secrecy Act:

https://www.fdic.gov/regulations/safety/manual/section8-1.pdf

1947 National Security Act:

https://www.dni.gov/index.php/ic-legal-reference-book/national-security-act-of-1947

The CHIPS Act of 2022:

https://www.congress.gov/bill/117th-congress/house-bill/4346/text

McLaughlin, 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/1141694096

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