National Security Law Today

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. In this week’s episode, we are sharing 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. 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:

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

This week, co-host Yvette is joined by Bill Banks to discuss the latest topics in national security law: What are the legal issues surrounding Biden’s new “over-the-horizon” strategy in Afghanistan? Is it time for the U.S. to revise and reform the AUMF? And with COVID vaccines still dominating headlines, are the new federal mandates considered constitutional? And if they are, could there be other legal challenges?

William Banks is a professor at Syracuse Law School and the Chair of the ABA Standing Committee on Law and National Security:

law.syr.edu/profile/william-banks1

References:

Charter of the United Nations, Chapter 7 Article 51:

https://legal.un.org/repertory/art51.shtml

Charter of the United Nations, Chapter 7 Article 42:

https://legal.un.org/repertory/art42.shtml

Authorization for the Use of Military Force:

https://www.google.com/url?sa=t&rct=j&q=&esrc=s&source=web&cd=&cad=rja&uact=8&ved=2ahUKEwjMr6HC-YHzAhUMc98KHevWDsUQFnoECAIQAQ&url=https%3A%2F%2Fwww.congress.gov%2F107%2Fplaws%2Fpubl40%2FPLAW-107publ40.pdf&usg=AOvVaw2ITdZrN7EI033pIoBAB37n

Brandenburg v. Ohio:

https://www.oyez.org/cases/1968/492

Jacobson v. Massachusetts:

https://supreme.justia.com/cases/federal/us/197/11/

"US Department of Labor's OSHA issues emergency temporary standard to protect health care workers from the coronavirus." U.S. Department of Labor. June 10, 2021.

https://www.osha.gov/news/newsreleases/national/06102021

"Occupational Exposure to COVID-19; Emergency Temporary Standard." Federal Register. June 21, 2021.

https://www.federalregister.gov/documents/2021/06/21/2021-12428/occupational-exposure-to-covid-19-emergency-temporary-standard

The last twenty years of American counterterror and national security efforts have had profound impacts on our nation and the world. On the 20th Anniversary of the 9/11 attacks, we ask, how have we done? What worked and what didn’t work? Were processes, policies, laws, and resources adequate to the requirements? Did we adhere to those policies and laws? And perhaps most importantly, what lessons have we learned to ensure our nation and its allies can do better in the coming decades?

This episode features welcoming remarks by ABA President Reginald M. Turner:

https://www.americanbar.org/groups/leadership/aba_officers/turner-reginald/

Moderated by Judge James Baker, Director of the Institute for Security Policy and Law at Syracuse University:

http://law.syr.edu/profile/the-hon.-james-e.-baker

Speakers:

Ambassador Anne Patterson is a Kissinger Sr. Fellow at the Yale Jackson Institute for Global Affairs:

https://www.academyofdiplomacy.org/member/anne-w-patterson/

Michael Vickers is the former Under Secretary of Defense for Intelligence:

https://www.baesystems.com/en-us/our-company/about-us/bae-systems-inc/inc-board-of-directors/michael-g-vickers

Sahar Aziz is a Professor of Law Chancellor’s Social Justice Scholar at Rutgers Law School:

https://law.rutgers.edu/directory/view/8277

In this week’s episode, we hear from an esteemed panel of cybersecurity professionals on two big ticket items of this year: President Biden’s Executive Order on Improving the Nation’s Cybersecurity, and the Rule 41 Search and Seizure warrant obtained by the FBI in response to the Microsoft Exchange Server data breach this past spring.

This panel is moderated by ABA Cybersecurity Legal Task Force Co-Chair Claudia Rast

Speakers:

Dan Sutherland is the Chief Counsel for CISA:

https://www.cisa.gov/dan-sutherland

Christopher Peters is the Chief Security Officer at Entergy:

https://www.linkedin.com/in/peterscso/

Terrence Berg is a U.S. District Court Judge for the Eastern District of Michigan:

https://www.mied.uscourts.gov/index.cfm?pageFunction=chambers&judgeid=37

To view the full webinar: https://www.americanbar.org/groups/cybersecurity/

Executive Order on Improving the Nation’s Cybersecurity:

https://www.whitehouse.gov/briefing-room/presidential-actions/2021/05/12/executive-order-on-improving-the-nations-cybersecurity/

Rule 41 Search and Seizure:

https://casetext.com/statute/united-states-code/title-18-appendix/federal-rules-of-criminal-procedure/section-41-search-and-seizure

Resources:

Journal of National Security Law and Policy:

https://jnslp.com/

Center for Security, Race and Rights: https://csrr.rutgers.edu/

The Racial Muslim :When Racism Quashes Religious Freedomby Sahar F. Aziz

https://www.ucpress.edu/book/9780520382299/the-racial-muslim

Books Addressing Muslims or Islam in the United States (1965-2020) (Bibliography) :https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2734400

The American War in Afghanistan: A History by Carter Malkasian:https://www.jmichaelsbooks.com/pages/books/303651/carter-malkasian/the-american-war-in-afghanistan-a-history

Aspiring cyber professionals listen up! In this week’s episode, we hear from an all-female panel of cyber experts whose experience spans across both public and private sectors. We hear how they kick-started their careers, what types of security threats they’re focused on right now, and advice they have for law students interested in diving into the world of cybersecurity.

This panel features opening remarks by Jennifer O'Connor, Chair of Women in National Security Law, and moderated by Maureen Kelly, Co-Chair of the Cybersecurity Legal Task Force.

Speakers:

Mieke Eoyang is the Deputy Assistant Secretary of Defense for Cyber Policy at DOD:

https://www.defense.gov/Our-Story/Biographies/Biography/Article/2505290/mieke-eoyang/

Hilary Hageman is a former SVP and General Counsel at the Cubic Corporation and currently at Terran Orbital Corporation:

https://www.linkedin.com/in/hilary-hageman-12b4326

Kim Peretti is a partner at Alston & Bird:

https://www.alston.com/en/professionals/p/peretti-kimberly-kiefer/

Kemba Walden is the Assistant General Counsel of the Digital Crimes Unit at Microsoft:

https://gufaculty360.georgetown.edu/s/contact/00336000015bTHQAA2/kemba-walden

To view the full webinar: https://www.americanbar.org/groups/law_national_security/

As the current situation in Afghanistan unfolds, hosts Elisa and Yvette, along with the ABA community, are taking a moment this week to recognize those who've worked and served tirelessly to uphold the rule of law in Afghanistan for the last 20 years.

A Statement by ABA President Reginald Turner re: Afghanistan:

https://www.americanbar.org/news/abanews/aba-news-archives/2021/08/aba-president-statement-re-afghanistan/

In Part 2 of their discussion on the risks and benefits of AI in national security, hosts Elisa and Yvette chat with James Baker about the future of AI policy. What is the appropriate level of human control in different AI contexts? Where are we with autonomous weapons applications? And what critical AI conversations do lawyers and policy makers need right now? James Baker covers all this and more in his recent book, The Centaur’s Dilemma: National Security Law for the Coming AI Revolution.

Hon. James E Baker is the Director of the Institute of Security Policy and Law at Syracuse University:

law.syr.edu/profile/the-hon.-james-e.-baker

More on The Centaur’s Dilemma: National Security Law for the Coming AI Revolution:

www.brookings.edu/book/the-centaurs-dilemma/

To order The Centaur’s Dilemma directly:

www.amazon.com/Centaurs-Dilemma-…ion/dp/0815737998

References:

The Law of Armed Conflict

https://www.loc.gov/rr/frd/Military_Law/pdf/LOAC-Deskbook-2015.pdf

Article 36 of the 1977 Additional Protocol I to the 1949 Geneva Conventions:

https://ihl-databases.icrc.org/applic/ihl/ihl.nsf/4e473c7bc8854f2ec12563f60039c738/feb84e9c01ddc926c12563cd0051daf7

The Defense Production Act:

https://uscode.house.gov/view.xhtml?path=/prelim@title50/chapter55&edition=prelim

James Baker, “A DPA for the 21st Century: Securing America’s AI National Security Innovation Base” CSET. April 2021

https://cset.georgetown.edu/wp-content/uploads/CSET-A-DPA-for-the-21st-Century-1.pdf

The Invention Secrecy Act:

https://www.law.cornell.edu/uscode/text/35/181

Kashmir Hill, “Wrongfully Accused by an Algorithm.” New York Times. June 2020.

https://www.nytimes.com/2020/06/24/technology/facial-recognition-arrest.html

Artificial Intelligence (AI) is not a single piece of hardware or software, but rather a constellation of technologies. This week, hosts Elisa and Yvette are joined by James Baker, an expert in national security law and process, to discuss his recent book, The Centaur’s Dilemma: National Security Law for the Coming AI Revolution. Together, they break down the risks and benefits of AI application. Will AI increase the likelihood of conflict? And how can we reap the benefits of AI for broader national security purposes without losing control of the consequences?

Hon. James E Baker is the Director of the Institute of Security Policy and Law at Syracuse University:

law.syr.edu/profile/the-hon.-james-e.-baker

More on The Centaur’s Dilemma: National Security Law for the Coming AI Revolution:

https://www.brookings.edu/book/the-centaurs-dilemma/

To order The Centaur’s Dilemma directly:

https://www.amazon.com/Centaurs-Dilemma-National-Security-Revolution/dp/0815737998

References:

NSLT Ep. 167, Artificial Intelligence, National Security Law and Ethics:

https://soundcloud.com/nsltoday/artificial-intelligence-national-security-law-and-ethics

Continuing their conversation on data privacy, host Elisa Poteat and guest Alex Joel dive deeper into the global privacy dilemma. How did the Snowden revelations influence today’s privacy tensions with Europe? And with technology vastly outpacing the law, is Congress having a hard time keeping up?

Alex Joel is a Scholar-in-Residence and Adjunct Professor at the Washington College of Law:

www.wcl.american.edu/impact/initiat…eam/alex-joel/

References:

The Church Committee:

www.senate.gov/about/powers-proc…rch-committee.htm

The Pike Committee:

archive.org/details/PikeCommitteeReportFull

Presidential Policy Directive 28:

www.fbi.gov/file-repository/ppd…res-signed.pdf/view

Executive Order 12333:

www.intelligence.senate.gov/sites/defau…ed12333.pdf

Alex Joel, "Protect Privacy. That's an Order." Lawfare. April 2021:

www.lawfareblog.com/protect-privacy-thats-order

Alex Joel, "Getting the T's and C's Right: The Lessons of Intelligence Reform." Just Security. November 2020:

www.justsecurity.org/73452/getting-…igence-reform/

Alex Joel, "Seek and Speak the Truth." Just Security. April 2020:

www.justsecurity.org/69706/seek-and…eak-the-truth/

Alex Joel, "9/11 All Over Again." Just Security. April 2020:

www.justsecurity.org/69706/seek-and…eak-the-truth/

TLS Project: Transatlantic Data Flows in the Wake of Schrems II:

www.justsecurity.org/69706/seek-and…eak-the-truth/

The Tech, Law & Security Program American University Washington College of Law:

www.wcl.american.edu/impact/initiat…grams/techlaw/

U.S.-EU Privacy Shield:

crsreports.congress.gov/product/pdf/IF/IF11613

EU Data Transfer Requirements and U.S. Intelligence Laws: Understanding Schrems II and It'sImpact on the EU-U.S. Privacy Shield:

crsreports.congress.gov/product/pdf/R/R46724

Government access to personal data held by the private sector: Statement by the OECD Committee on Digital Economy Policy:

www.oecd.org/digital/trusted-go…private-sector.htm

What is happening globally to the concept of data privacy? In this week’s hot topic discussion, host Elisa Poteat is joined by Alex Joel to examine the U.S. data privacy mindset, how that mindset differs from Europe’s, and what regulations might be expected in the future.

Alex Joel is a Scholar-in-Residence and Adjunct Professor at the Washington College of Law:

https://www.wcl.american.edu/impact/initiatives-programs/techlaw/our-team/alex-joel/

References:

The Church Committee:

https://www.senate.gov/about/powers-procedures/investigations/church-committee.htm

The Pike Committee:

https://archive.org/details/PikeCommitteeReportFull

Presidential Policy Directive 28:

https://www.fbi.gov/file-repository/ppd-28-policies-procedures-signed.pdf/view

Executive Order 12333:

https://www.intelligence.senate.gov/sites/default/files/laws/amended12333.pdf

Alex Joel, "Protect Privacy. That's an Order." Lawfare. April 2021:

https://www.lawfareblog.com/protect-privacy-thats-order

Alex Joel, "Getting the T's and C's Right: The Lessons of Intelligence Reform." Just Security. November 2020:

https://www.justsecurity.org/73452/getting-the-ts-and-cs-right-the-lessons-of-intelligence-reform/

Alex Joel, "Seek and Speak the Truth." Just Security. April 2020:

https://www.justsecurity.org/69706/seek-and-speak-the-truth/

Alex Joel, "9/11 All Over Again." Just Security. April 2020:

https://www.justsecurity.org/69706/seek-and-speak-the-truth/

TLS Project: Transatlantic Data Flows in the Wake of Schrems II:

https://www.justsecurity.org/69706/seek-and-speak-the-truth/

The Tech, Law & Security Program American University Washington College of Law:

https://www.wcl.american.edu/impact/initiatives-programs/techlaw/

U.S.-EU Privacy Shield:

https://crsreports.congress.gov/product/pdf/IF/IF11613

EU Data Transfer Requirements and U.S. Intelligence Laws: Understanding Schrems II and It'sImpact on the EU-U.S. Privacy Shield:

https://crsreports.congress.gov/product/pdf/R/R46724

Government access to personal data held by the private sector: Statement by the OECD Committee on Digital Economy Policy:

https://www.oecd.org/digital/trusted-government-access-personal-data-private-sector.htm