National Security Law Today

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

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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

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

After weeks of back and forth, a new debt ceiling deal is inching its way through Congress. This week, host Elisa is joined by David Wessel, economic expert at the Brookings Institution, to discuss how economic and debt policies can strengthen or weaken national security. What is the national security impact if Congress fails to reach an agreement? And are the repeated battles over the debt ceiling and deficit threatening our prosperity?

David Wessel is Director of the Hutchins Center on Fiscal and Monetary Policy, and a Senior Fellow for Economic Studies at the Brookings Institution:

https://www.brookings.edu/experts/david-wessel/

References:

Wessel, David. In Fed We Trust: Ben Bernanke’s War on the Great Panic. Three Rivers Press, 2010:

https://www.penguinrandomhouse.com/books/188972/in-fed-we-trust-by-david-wessel/

Wessel, David. Red Ink: Inside the High-Stakes Politics of the Federal Budget. Crown, 2013:

https://www.barnesandnoble.com/w/red-ink-david-wessel/1110783493

Wessel, David. Only The Rich Can Play: How Washington Works in the New Gilded Age. PublicAffairs, 2021:

https://www.hachettebookgroup.com/titles/david-wessel/only-the-rich-can-play/9781541757202/?lens=publicaffairs

The Antideficiency Act:

https://www.gao.gov/legal/appropriations-law/resources

The Chips Act:

https://www.congress.gov/117/bills/hr4346/BILLS-117hr4346enr.pdf

The Biden Administration's International Economic Agenda: A Conversation with National Security Advisor Jake Sullivan:

https://www.brookings.edu/wp-content/uploads/2023/04/es_20230427_sullivan_intl_economic_agenda_transcript.pdf

On May 11, the Standing Committee on Law and National Security co-sponsored a bipartisan luncheon titled “Over-classification: How Bad Is It, What’s the Fix?” in person at U.S. Capitol Visitors Center cosponsored by the Nonproliferation Policy Education Center. Opening Remarks were given by Harvey Rishikof, Counselor, American Bar Association Standing Committee on Law and National Security, and Henry Sokolski, Executive Director, Nonproliferation Policy Education Center. Speakers included Senator Mark Warner, Chairman U.S. Senate Select Committee on Intelligence, Senator Mike Rounds, member U.S. Senate Select Committee on Intelligence, and Benjamin A. Powell, member Public Interest Declassification Board. The event examined how well the current classification and declassification system works and how best to reduce the volume and level of classified documents to help prevent future top-secret leaks. The program also featured a discussion of the bipartisan legislation introduced to reform the security classification system, “in order to reduce overclassification, prevent mishandling of classified information, promote better use of intelligence and enhance public trust.”

Senator Mark Warner is the Chairman of the U.S. Senate Select Committee on Intelligence:

https://www.warner.senate.gov/public/

Senator Mike Rounds is a Member of the U.S. Senate Select Committee on Intelligence:

https://www.rounds.senate.gov

Benjamin A. Powell is a Member of the Public Interest Declassification Board:

https://drive.google.com/file/d/1GL6Whli5OsZR4iKgQ5LLgWjENW4EZiP7/view?usp=share_link

The event was moderated by Harvey Rishikof, Senior Counselor of the ABA Standing Committee on Law and National Security, and Director of Policy and Cyber Research at the University of Maryland Applied Research Lab for Intelligence and Security:

https://www.arlis.umd.edu/about-arlis/our-people/harvey-rishikof-jd

References:

To watch the full program recording, visit The ABA Standing Committee on Law and National Security webpage:

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

Sokolski, Henry. “Over-Classification: How Bad Is It, What’s the Fix?” NPEC, Mar. 2023, npolicy.org/wp-content/uploads/2023/03/2303-Full-Classification-Report.pdf.

FY 23, Congressional Reporting Requirement Referencing the NGA Model:

https://docs.google.com/document/d/1aEWsAgdO21qbKuIuh4g3qUqGaJvY7gvo9qvEarNOQrk/edit?usp=sharing

“Senators Introduce Bipartisan Legislation to Reform the Security Classification System.” Mark R. Warner, 10 May 2023, https://www.warner.senate.gov/public/index.cfm/2023/5/senators-introduce-bipartisan-legislation-to-reform-the-security-classification-system.

Senators Introduce Bipartisan Legislation to Reform the Security Classification System – Handout:

https://www.warner.senate.gov/public/_cache/files/6/0/60108bde-a49e-4eef-a676-02953097b1a7/6AA8FE9B9A8F171B3F920D7B83128DC0.security-clearance-one-pager.pdf

The Classification Reform Act of 2023:

https://www.warner.senate.gov/public/_cache/files/2/7/2748fc47-4999-4578-ba61-20b88c99e7b4/EF76391931E3038C2DF838DF398F7FBB.bag23456.pdf

A recent report out of the National Center for Education Statistics has revealed that America's 8th graders are scoring lower on civics education today than they have been in the last 20 years. This week's episode is a recast of an excellent conversation on civics, featuring former U.S. Secretary of Defense Bob Gates, Suzanne Spaulding of CSIS, with opening remarks by Dr. John Hamre of CSIS. To meet today's challenges, Americans must rediscover shared values, relearn the fundamentals of our constitutional republic, and re-form a sense of civic identity and commitment to our communities and across the nation. This conversation was originally recorded and broadcasted by CSIS as part of the CivXNow Civic Education Policy Summit.

To view the original event:

https://www.csis.org/events/civics-national-security-imperative-conversation-secretary-bob-gates

To learn more about CivXNow Civic Education Policy Summit: www.civxnow.org

Dr. Robert Gates is the former U.S. Secretary of Defense:

https://www.defense.gov/About/Biographies/Biography/Article/602797/

Suzanne Spaulding is a senior adviser for homeland security and director of the Defending Democratic Institutions project at CSIS:

https://www.csis.org/people/suzanne-spaulding

Dr. John Hamre is the President and CEO of CSIS:

https://www.csis.org/people/john-j-hamre

References:

NAEP Report Card: 2022 NAEP Civics Assessment. The Nation’s Report Card, 2022, www.nationsreportcard.gov/highlights/civics/2022/

NSLT ep. 165, “National Security Lawyers on Civic Education as a National Security Imperative”: https://soundcloud.com/nsltoday/national-security-lawyers-on-civic-education

As the war in Ukraine continues, we are transitioning to tell the stories of those who have been on the ground during the conflict, and the legal challenges they face in the region. This week, host Elisa welcomes back Yevgeny Vindman, currently serving as an expert consultant with the Atrocity Crimes Advisory Group. Yevgeny has visited numerous war crimes sites across Ukraine, and has worked with leadership to help investigate and eventually prosecute those crimes. This week he shares his experiences in these investigations, and how the war crimes trials might play out in the future.

Yevgeny Vindman is a colonel in the U.S. Army JAG Corps, and former deputy legal advisor on the White House National Security Council from 2018 to 2020:

https://www.justsecurity.org/author/yevgenyvindman/

References:

The Criminal Code of Ukraine, Article 438:

https://www.justice.gov/sites/default/files/eoir/legacy/2013/11/08/criminal_code_0.pdf

The Nuremburg Trials:

https://tile.loc.gov/storage-services/service/ll/llmlp/2011525364_NT_war-criminals_Vol-VI/2011525364_NT_war-criminals_Vol-VI.pdf

18 U.S. Code 2339D:

https://www.law.cornell.edu/uscode/text/18/2339D#:~:text=18%20U.S.%20Code%20