National Security Law Today

Part 2 of 2 – Algorithms are everywhere – feeding us daily news, friend suggestions, and targeted ads. Yet, the majority of us have neither the training nor the access to truly understand how these systems impact us and what protocols govern them. In part two of this series, hosts Elisa and Yvette sit down with Alex Stamos to talk all things algorithmic. How do we regulate amplification? Will Section 230 reform affect these platforms? And how can we better educate the masses on these issues?

Alex Stamos is the Director of the Stanford Internet Observatory:

cisac.fsi.stanford.edu/people/alex-stamos-0

References:

Section 230, Communication Decency Act: 

www.law.cornell.edu/uscode/text/47/230

The Election Integrity Partnership:

www.eipartnership.net/

Persily, Nathaniel, and Joshua A. Tucker. Social Media and Democracy: the State of the Field, Prospects for Reform. Cambridge University Press, 2020:

www.cambridge.org/core/books/socia…56A5CC393698F117

Benkler, Yochai, et al. Network Propaganda: Manipulation, Disinformation, and Radicalization in American Politics. Oxford University Press, 2018:

oxford.universitypressscholarship.com/view/1…923624

Algorithms are everywhere – feeding us daily news, friend suggestions, and targeted ads. Yet, the majority of us have neither the training nor the access to truly understand how these systems impact us and what protocols govern them. In this two part series, hosts Elisa and Yvette sit down with Alex Stamos to talk all things algorithmic. What is microtargeting? Who monetizes from sharing disinformation? And how have these systems and platforms changed our political landscape? What does the future look like?

Alex Stamos is the Director of the Stanford Internet Observatory:

https://cisac.fsi.stanford.edu/people/alex-stamos-0

References:

The Election Integrity Partnership:

https://www.eipartnership.net/

Persily, Nathaniel, and Joshua A. Tucker. Social Media and Democracy: the State of the Field, Prospects for Reform. Cambridge University Press, 2020:

https://www.cambridge.org/core/books/social-media-and-democracy/E79E2BBF03C18C3A56A5CC393698F117

Benkler, Yochai, et al. Network Propaganda: Manipulation, Disinformation, and Radicalization in American Politics. Oxford University Press, 2018:

https://oxford.universitypressscholarship.com/view/10.1093/oso/9780190923624.001.0001/oso-9780190923624

Following President Biden’s recent meeting with Russian leader Vladimir Putin, we’re rebroadcasting our timely podcast discussion with Robert Dannenberg, who served in the CIA for 24 years. He discusses Putin's history and worldview, how he views NATO and the United States, and why Russia launched interference campaigns against US elections.

To hear Part 2 of this interview, check out “Politics of Putin Part 2: Attacking American Elections”

https://podcasts.apple.com/us/podcast/national-security-law-today/id1276946676?i=1000490707618

This episode references:

"Alexei Navalny: Russia opposition leader poisoned with Novichok - Germany" BBC, September 2, 2020

www.bbc.com/news/world-europe-54002880

"Trolls, tracking and films: How Putin's Russia obsessively hounded opposition leader Navalny" Washington Post, August 29, 2020

www.washingtonpost.com/world/europe/…a5_story.html

Senate Select Committee on Intelligence Report on Russian Active Measures Campaigns and Interference in the 2016 U.S. Election, Volumes 1-5

www.intelligence.senate.gov/publication…ve-measures

Statement by NCSC Director William Evanina: Election Threat Update for the American Public, August 7, 2020

www.dni.gov/index.php/newsroom/…the-american-public

Robert Dannenberg is a former CIA officer who served as Chief of Operations for the Counter Terrorism Center, Chief of the Central Eurasia Division and Chief of the CIA’s Information Operations Center.

www.susandavis.com/robert-dannenberg/

This week, hosts Elisa and Yvette breakdown the latest in national security news, from newly nominated cybersecurity officials, to upcoming cases on the Supreme Court docket, and the latest Air Force contract making strides towards a 3D printed supply chain.

This episode references:

U.S. v. Zubaydah (20-827):

https://www.supremecourt.gov/qp/20-00827qp.pdf

FBI v. Fazaga (20-828):

https://www.supremecourt.gov/qp/20-00828qp.pdf

U.S. v. Tsarnaev (20-443):

https://www.supremecourt.gov/qp/20-00443qp.pdf

NDAA, 2021:

https://www.congress.gov/116/bills/hr6395/BILLS-116hr6395enr.pdf

NSLT Episode, “Politics of Putin: Why he’s attacking NATO, the EU and America’s free and fair elections.”

https://podcasts.apple.com/us/podcast/national-security-law-today/id1276946676?i=1000490006194

ABA Standing Committee on Law and National Security:

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

What is the difference between a whistleblower and a leaker? What are the various pathways a whistleblower can take when bringing information forward? And once a claim is made, how are discretion and protection built into the process? In this week’s episode, we hear from a panel of legal experts on the complexities of whistleblowing. They discuss the various roles lawyers play between government counsel, private counsel, and inspector general, as well as the importance of whistleblowers to the intelligence community.

This panel is moderated by Dawn Eilenberger, former Deputy Director of National Intelligence:

https://drive.google.com/file/d/1GgQiFOgDGX0Ii7QKK05SXyVNKv1o2S4Y/view?usp=sharing

Speakers:

Michael Atkinson is a Partner at Crowell & Moving LLP, and former ODNI Inspector General:

https://www.crowell.com/Professionals/Michael-Atkinson

Joel Brenner is a Senior Research Fellow at the MIT Center for International Studies, and former NSA Inspector General:

https://ssp.mit.edu/people/joel-brenner

Jason Klitenic is a Partner at Holland & Knight, and former General Counsel, ODNI:

https://www.hklaw.com/en/professionals/k/klitenic-jason

Mark Zaid is the Managing Partner at Mark S. Zaid, PC, and Co-Founder of Whistleblower Aid:

https://markzaid.com/zaid/

This webinar was cosponsored by the Council on Intelligence Issues: http://intelissues.com/home.aspx

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

Check out the Committee on Law and National Security's book, “Whistleblowers, Leaks and the Media: The First Amendment and National Security" available at https://www.americanbar.org/products/inv/book/137391052/

**use CODE WHISTLE50 for the special 50% discount**

Part 2 of 2 – The Biden Administration will be withdrawing all American troops from Afghanistan in the coming months, aiming to close out what has now been 20 years of U.S. military presence in the country. But where does this leave us with Iraq? In this week’s episode, hosts Elisa and Yvette sit down with author Robert Draper to discuss his new book, To Start a War: How the Bush Administration Took America Into Iraq. Together, the three discuss the book’s central characters, the detailed and complex decision making that brought us into Iraq, and what we’ve learned looking back.

Robert Draper, "To Start a War: How the Bush Administration Took America into Iraq," July, 2020.

www.barnesandnoble.com/w/to-start-a-…er/1134237302Robert Draper

Amazon author page:

www.amazon.com/Robert-Draper/e/B…ng_rwt_scns_share

Robert Draper, "Liz Cheney vs. MAGA." New York Time Magazine. April 2021.

www.nytimes.com/2021/04/22/magazi…eney-vs-maga.html

Follow Robert on Twitter:

https://twitter.com/DraperRobert?s=20

And Facebook:

https://www.facebook.com/Robert-Draper-406384372706205/

The Biden Administration will be withdrawing all American troops from Afghanistan in the coming months, aiming to close out what has now been 20 years of U.S. military presence in the country. But where does this leave us with Iraq? In this week’s episode, hosts Elisa and Yvette sit down with author Robert Draper to discuss his new book, To Start a War: How the Bush Administration Took America Into Iraq. Together, the three discuss the book’s central characters, the detailed and complex decision making that brought us into Iraq, and what we’ve learned looking back.

Robert Draper, "To Start a War: How the Bush Administration Took America into Iraq," July, 2020.

https://www.barnesandnoble.com/w/to-start-a-war-robert-draper/1134237302

Robert Draper Amazon author page:

https://www.amazon.com/Robert-Draper/e/B001HD0SBK%3Fref=dbs_a_mng_rwt_scns_share

Robert Draper, "Liz Cheney vs. MAGA." New York Time Magazine. April 2021.

https://www.nytimes.com/2021/04/22/magazine/liz-cheney-vs-maga.html

Last week President Biden signed an executive order designed to modernize the federal government's response to cyberattacks. This new EO proposes an array of actions, including facilitating increased information sharing, improving software security, enhancing cybersecurity standards and processes for government systems; and establishing a cybersecurity safety review board. In this week’s episode, moderator Maureen Kelly sits down with Jen Daskal and Dan Sutherland to discuss all these key components and more.

Dan Sutherland is the Chief Counsel at CISA:

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

Jen Daskal is the Deputy General Counsel at the DHS:

https://drive.google.com/file/d/1xWcvGHiFo1Yf72DOkTm6RVuHwQYfa_bB/view?usp=sharing

References:

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/

Executive Order Fact Sheet:

https://www.whitehouse.gov/briefing-room/statements-releases/2021/05/12/fact-sheet-president-signs-executive-order-charting-new-course-to-improve-the-nations-cybersecurity-and-protect-federal-government-networks/

Dan Sutherland, “What Is a Cybersecurity Legal Practice?” April 2, 2021.

https://www.lawfareblog.com/what-cybersecurity-legal-practice

CISA Resources on Ransomware:

https://www.cisa.gov/ransomware

Is our legal system prepared for attacks like we saw on the Colonial Pipeline last week? In a functioning democracy, is it appropriate for a private company like Facebook to be so important to electoral success? And as COVID cases in India surge, what are the legal complexities of easing vaccine intellectual property rights in order to help our global counterparts? Bill Banks and Yvette Bourcicot sit down to discuss all these national security law issues and more.

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:

CDC Covid Data Tracker:

https://covid.cdc.gov/covid-data-tracker/#datatracker-home

CDC Global COVID Cases Counter:

https://covid.cdc.gov/covid-data-tracker/#global-counts-rates

NSLT Ep. 160, What Lawyers Need to Know about FARA Enforcement with David Laufman:

https://www.americanbar.org/groups/law_national_security/nslt/20210204-fara-enforcement/

Risk assessment and strategic planning are essential to any effort to protect and enhance national security. The areas in which such analysis and planning must take place — and the extent to which such planning is necessary — are expanding rapidly, however, raising questions about what preparedness means in the 21st century national security environment.This panel will discuss the legal authorities and the ingredients for good legal advice across a range of crisis areas. In particular, the panel will examine the legal framework for federal, state and local responses — and coordination among federal, state and local authorities for preparedness — and the ingredients for good legal advice before and in crisis situations.

NOTE: The full webinar can be found at https://www.americanbar.org/natsecurity under “National Security CLE Webinars – Recordings”

Speakers:

Paul Rosenzweig is a Resident Senior Fellow for Cybersecurity and Emerging Threats at the R Street Institute:

https://www.rstreet.org/team/paul-rosenzweig/

Lisa Morris is the Deputy Attorney General, Civil Division, of the Delaware Department of Justice:

https://drive.google.com/file/d/14cMm-gfK6_S-tf-j0ENMMGHGsjh-6bKZ/view?usp=sharing

Susan Ginsburg is the Founder and CEO of Criticality Sciences:

https://drive.google.com/file/d/1DTSBkiA66oF87cOmP-53gczMsVGzs5LZ/view?usp=sharing

Bob Kolasky is the Director of the National Risk Management Center at CISA:

https://www.cisa.gov/bob-kolasky

References:

Andy Keiser, Securing the Key to the Future: Countering the Threat from State-Backed Chinese Semiconductor Companies, Center for the Study of the Presidency and Congress, October 2020.

https://static1.squarespace.com/static/5cb0a1b1d86cc932778ab82b/t/5f9ae206ef715743168a96e2/1603985933848/CSPC+Semiconductor+White+Paper.pdf

Bob Kolasky, A Risk-Based Approach to National Cybersecurity, January 14, 2021

https://www.cisa.gov/blog/2021/01/14/risk-based-approach-national-cybersecurity

Congressional Research Service, Congressional Primer on Responding to and Recovering from Major Disasters and Emergencies, June 3, 2020

https://crsreports.congress.gov/product/pdf/R/R41981

Cyberlaw Podcast, Cybersecurity-A British Perspective, February 2021

https://www.steptoecyberblog.com

Overview of Stafford Act Support to States

https://www.fema.gov/pdf/emergency/nrf/nrf-stafford.pdf#:~:text=National%20Response%20Framework:%20Stafford%20Act%20Support%20to%20States,are%20affected%20by%20a%20major%20disaster%20or%20emergency.

State of Delaware, Executive Order Number Twelve (July 2017)

https://governor.delaware.gov/wp-content/uploads/sites/24/2017/07/Executive-Order-Number-12.pdf

State of Delaware, Title 20 Chapter 34

https://delcode.delaware.gov/title20/c034/index.html

State of Delaware, Title 29 Chapter 90c

https://delcode.delaware.gov/title29/c090c/sc03/index.html

Appendices from the Sourcebook for Public-Private Partnerships for Security and Resilience 2018:

Appendix C:

https://www.americanbar.org/content/dam/aba/administrative/law_national_security/appendix-c.pdf

Appendix E:

https://www.americanbar.org/content/dam/aba/administrative/law_national_security/appendix-e.pdf