National Security Law Today

The AI revolution is just beginning, and its future depends on how we shape its systems, data, and ethics today. In Part 1 of this two-part episode, Elisa sits down with Dr. Vijay Janapa Reddi, Harvard professor and AI systems expert, to break down the three core categories of AI systems—generative, predictive, and prescriptive—and how they function in the real world. Together they examine how large language models rely on the data they’re fed, why that data matters, and what challenges arise in sourcing it responsibly.Vijay Janapa Reddi is the John L. Loeb Associate Professor of Engineering and Applied Sciences at Harvard University and Vice President and co-founder of MLCommons, a nonprofit organization committed to accelerating machine learning (ML) innovation for all.

References:

Dr. Janapa Reddi is author and editor of the open-source AI textbook, "Machine Learning Systems"

Dollar Street Project

Nominations Link for the Morris Leibman Awards – Nominate an individual who has demonstrated a sustained commitment and made exceptional contributions to the field of law and national security. Nominations deadline: March 14th

More information about the Morris Leibman Awards

(Part 2 of 2) As global demand for AI, battery technology, and clean energy surges, critical minerals have become essential to powering innovation and protecting national security. To kick off our new series exploring the global race for these vital resources, Elisa sits down with Tommy Beaudreau, former Deputy Secretary of the Interior and Partner at WilmerHale, to break down the stakes. For Part 2 of their discussion, they discuss outdated U.S. mining laws, efforts to establish international standards, and China’s financial control over resource development.

Tommy Beaudreau is a Partner at WilmerHale, and co-chair of WilmerHale’s Energy, Environment and Natural Resources and Native American Law Practices.

References:

Nominations Link for the Morris Leibman Awards – Nominate an individual who has demonstrated a sustained commitment and made exceptional contributions to the field of law and national security. Nominations deadline: March 14th

More information about the Morris Leibman Awards

Upcoming CSIS Event: Register for the launch of a new policy book by the CSIS Critical Minerals Security Program, this Thursday, Feb 27th

Initiative for Responsible Mining Standards (IRMA)

The Consolidated Mining Standard Initiative (CMSI)

The Foreign Corrupt Practices Act of 1977

The General Mining Act of 1872

As global demand for AI, battery technology, and clean energy surges, critical minerals have become essential to powering innovation and protecting national security. To kick off our new series exploring the global race for these vital resources, Elisa sits down with Tommy Beaudreau, former Deputy Secretary of the Interior and Partner at WilmerHale, to break down the stakes. Together, they explore what defines a “critical mineral,” how China’s dominance in global supply chains threatens U.S. interests, and why outdated mining laws are complicating America’s efforts to secure its future.

Tommy Beaudreau is a Partner at WilmerHale, and co-chair of WilmerHale’s Energy, Environment and Natural Resources and Native American Law Practices.

References:

Nominations Link for the Morris Leibman Awards – Nominate an individual who has demonstrated a sustained commitment and made exceptional contributions to the field of law and national security. Nominations deadline: March 14th

More information about the Morris Leibman Awards

Washington Post, "What are Ukraine's rare minerals and why is Trump eyeing them?"

NSLT, Ep, 205, "Seabed Mining as a National Security Threat: The Laws of the Sea with Matt Gianni (Part 1)"

This week, Elisa highlights a few of the latest national security headlines, and sets the stage for our upcoming series on the energy grid and the critical minerals essential for AI development.

References

Check out the Standing Committee on Law and National Security’s latest video series, Strengthening Democracy: A Civics Education Series for Military Members

With the confirmations process well underway, we're taking a fresh look at how it all works. Revisiting a conversation from this past December, Elisa sits down with retired Marine Corps Major General Arnold Punaro, a veteran of Capitol Hill and author of If Confirmed: An Insider’s View of the National Security Process. Together, they explore the three phases of confirmation, the role of the Federal Vacancies Act, and the complexities of vetting nominees for positions like Secretary of Defense.

Arnold L. Punaro is a retired United States Marine Corps Major General, and CEO of The Punaro Group and IronArch Technology

References:

NSLT, Ep. 350, If Confirmed: Arnold Punaro on the Intricacies of Senate Confirmations (Part 2)

Punaro, Arnold L. If Confirmed: An Insider’s View of the National Security Confirmation Process. Fortis Adducent, Inc, 2024.

S. 2176 - Federal Vacancies Reform Act of 1998

As 2025 unfolds, the new administration faces its first major national security challenges: preserving a fragile ceasefire in the Middle East and addressing the contentious TikTok legal battle. In this week’s double episode, Elisa first speaks with Brian Egan, former Legal Adviser at the Department of State, to unpack the Gaza ceasefire, the role of international negotiations, and its potential for fostering regional stability. Next, Glenn Gerstell, former General Counsel of the NSA, returns to examine the Supreme Court opinion against TikTok, exploring how ByteDance’s refusal to divest has heightened national security concerns and why the Court’s decision could reshape data privacy laws in the U.S.

Please note, both discussions were recorded just prior to President Trump’s inauguration and may contain information that has since evolved.

Brian Egan is a partner at Skadden Arps

Glenn Gerstell is a Non-resident Senior Advisor at the Center for Strategic and International Studies (CSIS).

References:

The Algiers Accords

The Geneva Conventions

Leahy Laws Overview

Supreme Court Per Curiam Opinion on TikTok v Garland

E.O. 13942, Addressing the Threat Posed by TikTok, and Taking Additional Steps To Address the National Emergency With Respect to the Information and Communications Technology and Services Supply Chain

The Pentagon Papers

The Supreme Court has heard the case that could decide TikTok’s fate in the U.S. This week, Glenn Gerstell returns with Elisa Poteat to discuss the national security concerns that sparked the legal challenge and the broader implications of the hearing. Together, they examine ByteDance’s key arguments, the government’s case, and how a ruling could reshape the relationship between technology, data privacy, and foreign influence.

Glenn Gerstell served as the general counsel of the National Security Agency, and is a current Non-resident Senior Advisor with the International Security Program at the Center for Strategic and International Studies (CSIS).

References:

Transcript: Jan. 10th 2025 Supreme Court Hearing, TikTok v Garland

E.O. 14034, Executive Order on Preventing Access to Americans’ Bulk Sensitive Personal Data and United States Government-Related Data by Countries of Concern

NSLT Ep. 351, "TikTok’s Legal Challenges: National Security, Data, and Foreign Influence with Glenn Gerstell"

As the new year unfolds, how have 2024’s defining national security moments set the stage for what’s ahead? This week, Elisa Poteat is joined by Harvey Rishikof, former chair of the ABA Standing Committee on Law and National Security, for a big-picture review of the past year. Together, they discuss emerging challenges in geopolitics, AI’s growing role in defense, and pivotal shifts in data security. Looking ahead, they explore how economic instability and rising global tensions might define 2025.

Harvey Rishikof is a Senior Counselor to the ABA Standing Committee on Law and National Security

References:

The International Emergency Economic Powers Act (IEEPA)

TikTok Inc., v Garland

E.O. 14034, Executive Order on Preventing Access to Americans’ Bulk Sensitive Personal Data and United States Government-Related Data by Countries of Concern

The Iran Contra, Minority Report

Haidt, Jonathan. The Anxious Generation: How the Great Rewiring of Childhood Is Causing an Epidemic of Mental Illness. Penguin Press, an Imprint of Penguin Random House LLC, 2024.

Koh, Harold Hongju. The National Security Constitution in the Twenty-First Century. Yale University Press, 2024.

How does a centuries-old constitutional power continue to influence the modern balance of government? This week, Elisa speaks with Neil Eggleston, former White House Counsel to President Obama, to delve into the history and controversies surrounding recess appointments. Together, they explore the historical roots of this executive power, landmark cases that have shaped its use, and its implications for the Senate's advice and consent role.

Neil Eggleston is a litigation partner in the Washington, D.C., office of Kirkland & Ellis LLP, and served as White House Counsel to President Obama from 2014 to 2017

References:

The Federal Vacancies Reform Act, 5 U.S.C. sec. 3345

NLRB v Noel Canning, Art. II Sec. 3

NLRB v. Southwest General

TikTok’s growing influence and its connections to national security remain hot topics in Washington. This week, Elisa sits down with Glenn Gerstell, former General Counsel of the National Security Agency, to examine the legal battles surrounding TikTok, including a recent D.C. Circuit Court ruling. Together, they unpack the implications of foreign adversary laws, ByteDance’s defense strategies, and how platforms like TikTok could be weaponized for influence operations—from Romania’s elections to emerging AI developments.

Glenn Gerstell served as the general counsel of the National Security Agency, and is a current Non-resident Senior Advisor with the International Security Program at the Center for Strategic and International Studies (CSIS).

References:

CNN: Federal appeals court declines to temporarily block ban on TikTok, teeing up showdown at SCOTUS over controversial law. Dec. 13, 2024

E.O. 13873, Securing the Information and Communications Technology and Services Supply Chain

H.R. 7520, Protecting American's Data from Foreign Adversaries Act of 2024

TikTok Inc. and ByteDance LTD. v Merrick B Garland

H.R.815, Making emergency supplemental appropriations for the fiscal year ending September 30, 2024, and for other purposes.

Moody v. NetChoice, LLC

E.O. 14034, Executive Order on Preventing Access to Americans’ Bulk Sensitive Personal Data and United States Government-Related Data by Countries of Concern

The Foreign Agents Registration Act (FARA)