National Security Law Today

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 one of this two part discussion, Elisa and Michael discuss America's controversial business relationships with China, global competition over semiconductors, and how the rise of ransomware attacks have impacted national security.

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 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

Biological. Chemical. Radiological. When most people think of Weapons of Mass Destruction, or WMDs, they often think of nuclear capabilities and atomic weapons. How will AI development and its catastrophic potential on the battlefield shape the global understanding and control of WMD’s? This week, host Elisa is joined by David Koplow, arms control expert and Professor of Law at Georgetown University, to discuss the history of WMDs, the laws and treaties that govern them, and how AI innovation will shape our future understanding of weapons and warfare.

David Koplow is a Professor of Law at Georgetown University:

https://www.law.georgetown.edu/faculty/david-a-koplow/

References:

UN Security Council Resolution of 1977:

https://digitallibrary.un.org/record/623117?ln=en

1993 Chemical Weapons Convention, ICRC:

https://ihl-databases.icrc.org/en/ihl-treaties/cwc-1993

2017 Treaty on the Prohibition of Nuclear Weapons:

https://www.nti.org/education-center/treaties-and-regimes/treaty-on-the-prohibition-of-nuclear-weapons/

2023 Cluster Munition Monitor Report:

http://the-monitor.org/en-gb/reports/2023/cluster-munition-monitor-2023.aspx

Koplow, David A. Non-Lethal Weapons the Law and Policy of Revolutionary Technologies for the Military and Law Enforcement. Cambridge University Press, 2006:

https://www.cambridge.org/us/universitypress/subjects/law/us-law/non-lethal-weapons-law-and-policy-revolutionary-technologies-military-and-law-enforcement?site_view=mobile

Koplow, David A. Death by Moderation: The U.S. Military’s Quest for Useable Weapons. Cambridge University Press, 2010:

https://www.barnesandnoble.com/w/death-by-moderation-david-a-koplow/1110764625

Koplow, David A. Smallpox: The Fight to Eradicate a Global Scourge. University of California Press, 2003:

https://www.ucpress.edu/book/9780520242203/smallpox

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

Section 702 of the Foreign Surveillance Intelligence Act is up for reauthorization later this year. What has long been a key surveillance tool, Section 702 now faces controversy over whether its powers are too broad. Is Section 702 granting excessive authority to intelligence officers, or is its framework, along with its limitations, simply misunderstood? This week, host Elisa is joined by Joshua Geltzer, Deputy Assistant to President Biden and Deputy Homeland Security Advisor with the National Security Council. Together they unpack the essentials of Section 702, what the critics are saying, and what the future may hold for this beneficial and controversial national security tool.

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

https://www.lawfaremedia.org/contributors/jgeltzer

References:

Foreign Intelligence Surveillance Act (FISA) Section 702 Resource Page:

https://www.fisa702resources.com

Section 702 Overview:

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

The PIAB and IOB Review of FISA Section 702 and Recommendations for Reauthorization Report:

https://www.whitehouse.gov/wp-content/uploads/2023/07/Presidents-Intelligence-Advisory-Board-and-Intelligence-Oversight-Board-Review-of-FISA-Section-702-and-Recommendations-for-Reauthorization.pdf

Release of Documents Related to the 2023 FISA Section 702 Certifications:

https://www.intelligence.gov/ic-on-the-record-database/results/1307-release-of-documents-related-to-the-2023-fisa-section-702-certifications

GovTrack Website:

https://www.govtrack.us

Congress.gov Website:

https://www.congress.gov

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

Could you tell whether this Program Description was written by an AI app? Most of us couldn’t. With the emergence of ChatGPT, Google’s Bard, and Bing AI, artificial intelligence (AI) is here to stay. Lawyers, law firms, and academia have embraced AI in a high-profile way – with AI systems passing law school exams, reviewing evidence, and nearly actively representing a client. With the increasing ubiquity of AI systems, the legal community must consider the ethical and professional risks and responsibilities as we embrace these new technologies. The ABA has taken a proactive approach to confronting the challenges posed by AI use and its capabilities. As part of our latest AI series, we're airing a live program from the 2023 ABA Annual Meeting, as expert panelists discuss how the legal community must adapt to these new systems and what lawyers must know to protect themselves, their firms, their clients, and the public. This program was sponsored by the ABA Cybersecurity Legal Task Force, and cosponsored by the ABA Science and Technology Law Section.

Introductions by ABA President Mary Smith:

https://www.americanbar.org/groups/leadership/aba_officers/smith-mary/

Moderated by Dina Temple-Raston host and executive producer of Click Here, an award-winning weekly podcast on all things cyber and intelligence from Recorded Future News:

https://drive.google.com/file/d/1xK2VzV5_D2M62npxWlJLLcCL5ezPd4GI/view?usp=drive_link

Dr. Lance Eliot is a globally recognized AI expert with a focus on AI & Law and AI & Ethics, and is a popular Forbes columnist and legal industry writer with over 6.8 million article views:

https://drive.google.com/file/d/1xK2VzV5_D2M62npxWlJLLcCL5ezPd4GI/view?usp=drive_link

Daniel “Dazza” Greenwood is the founder of CIVICS.com, a boutique provider of professional consultancy services for legal technologies, automated transactions, data management, and technology strategy:

https://drive.google.com/file/d/1xK2VzV5_D2M62npxWlJLLcCL5ezPd4GI/view?usp=drive_link

Lucy L Thomson is Founding Principal at Livingston PLLC:

https://drive.google.com/file/d/1xK2VzV5_D2M62npxWlJLLcCL5ezPd4GI/view?usp=drive_link

To view the full program, visit the ABA Cybersecurity Legal Task Force website page:

https://www.americanbar.org/groups/cybersecurity/

How has our knowledge of AI and our awareness of its potential progressed in the past 5 years? This week, we’re going back to the vault to re-air one of our first AI related episodes, featuring Michael Page, former Policy and Ethics advisor at OpenAI.

Michael Page is the former Policy and Ethics Advisor at OpenAI:

https://cset.georgetown.edu/staff/michael-page/

Stewart Baker is Of Counsel at Steptoe & Johnson

https://www.steptoe.com/en/lawyers/stewart-baker.html

References:

"AI outperforms human lawyers in reviewing legal documents" :

https://futurism.com/ai-contracts-lawyers-lawgeex

"An algorithm that grants freedom, or takes it away":

https://www.nytimes.com/2020/02/06/technology/predictive-algorithms-crime.html

"Can AI be taught to explain itself?":

https://www.nytimes.com/2017/11/21/magazine/can-ai-be-taught-to-explain-itself.html

H.R.4625, FUTURE of Artificial Intelligence Act of 2017:

https://www.congress.gov/bill/115th-congress/house-bill/4625/text

Find more about the Steptoe Cyberlaw Cast

https://www.steptoe.com/en/services/practices/litigation/privacy-cybersecurity.html?tab=the_cyberlaw_podcast

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

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

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

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