NSL Unscripted

In this episode, Major Keoni Medici, former Associate Professor in the National Security Law Department (ADN) at The Judge Advocate General's Legal Center and School (TJAGLCS) interviews Lieutenant Colonel Michael Lebowitz, ADN Adjunct Professor and expert in the law that governs cyberspace. LTC Lebowitz discusses his research surrounding gaps in existing electronic surveillance laws and how the future quantum internet will outpace the law. LTC Lebowitz predicts that if not proactively addressed, these legal shortcomings will have a significant impact on U.S. national security.

His article is titled “What Happens When the Packets Go Away? How the Quantum Internet Will Diminish Electronic Surveillance Programs and Change Cybersecurity Forever.” The article is published in print and online formats by the Boston University Journal of Science & Technology Law.

This episode features Major Emily Bobenrieth, Associate Professor, National Security Law Department at The Judge Advocate General’s Legal Center and School, interviewing Professor Mark Nevitt of Emory Law School, to discuss the impact of climate change on U.S. national security. As one of the leading experts at the intersection of the climate crisis’ impact on U.S. national security and stability, Professor Nevitt labels this unconventional threat as both a “threat accelerant” and a “catalyst for conflict.” Professor Nevitt explains how existing domestic legal framework works to protect DoD assets and infrastructure from rising sea levels and catastrophic weather events. The discussion ends with how environmental factors have profoundly impacted the Russia-Ukraine conflict.

Professor Nevitt discusses points from two of his recent publications linked here: https://scholarlycommons.law.northwestern.edu/nulr_online/335/ ; https://papers.ssrn.com/sol3/papers.cfm?abstract_id=4589536

In this episode, Major John Tramazzo, Fellow and Professor of Law at the Stockton Center for International Law, is interviewed about his scholarship and research into Deep Fake technology. John shares his research, best reads for military practitioners, and some legal considerations for the military applications of this emerging technology.

MAJ Tramazzo discusses points from this interview linked here: https://mwi.westpoint.edu/deepfakes-and-deception-a-framework-for-the-ethical-and-legal-use-of-machine-manipulated-media/

This episode features Major Adam Reitz, USAF, Associate Professor, Na-tional Security Law Department at The Judge Advocate General’s Legal Cen-ter and School, interviewing Colonel (Ret.) Todd Pennington, then-Staff Judge Advocate, U.S. Space Command on space law including the strategic competition with the People’s Republic of China. In this episode, Col.(Ret.) Pennington discusses the newly released “Tenets of Responsible Behavior in Space and associated specific behaviors,” addresses the differences between U.S. Space Command and U.S. Space Force, and explains why we are all space lawyers now. This episode is part of a series of episodes with military practitioners in NSL providing career and leadership advice. Although it is fo-cused on military NSL practice, Col(Ret.) Pennington offers his thoughts on the joint environment and scholarly writing for anyone based on his almost 25 years of military service.

In this episode, Lieutenant Colonel Dan Maurer, Professor in the National Security Law Department (ADN) at The Judge Advocate General's Legal Center and School (TJAGLCS), interviews David Crane about his work towards global accountability for international crimes and specifically discusses international efforts to hold the Russian Federation accountable for atrocities in Ukraine.

In this episode, Major Emily Bobenrieth, Associate Professor, National Security Law Department at The Judge Advocate General’s Legal Center and School, sits down with Major Jessica Dawson and Mr. Brandon Pugh to discuss the threat data privacy, or lack thereof, poses to national security, servicemembers, and Americans at large. Both experts in the data privacy field, MAJ Dawson and Mr. Pugh engage in a candid discussion about the way data is collected and used by private companies and foreign adversaries to engage in activities: from ad targeting to waging war. Mr. Pugh also sheds light on the ongoing policy and legislative efforts to protect Americans. The episode ends with both experts’ thoughts on how NSL practitioners can best advise their commands now on this complex issue.

MAJ Dawson and Mr. Pugh co-published an article in Defense News, discussing how the Russia-Ukraine conflict highlights the U.S. military’s data privacy vulnerabilities. The article can be found at the following URL: https://www.defensenews.com/opinion/2022/04/14/ukraine-conflict-heightens-us-militarys-data-privacy-vulnerabilities/.

In this episode, Major Emily Bobenrieth sits down with Ms. Lakmini Seneviratne, Legal Advisor and Head of the Legal department for the International Committee of the Red Cross (ICRC) Regional Delegation for the United States and Cana-da located in Washington, D.C. Having joined the ICRC in 2008, Ms. Seneviratne discusses her path to becoming an operational legal advisor, the mission of the ICRC, and the attorneys who advise this unique organization. She touches on cur-rent operational legal challenges facing the ICRC, as well as how the ICRC inter-acts with DoD and uniformed attorneys in operational environments. This episode ends with her thoughts on how a near-peer, large-scale combat operation (LSCO) will present grave challenges to the ICRC’s mission, and why the international community should strive to avoid any LSCO, as the humanitarian costs of such a conflict would be devastating.

Ms. Seneviratne co-published an article in Articles of War, touching many of the ideas discussed in this podcast. The article can be found at the following URL: https://lieber.westpoint.edu/reducing-human-cost-large-scale-military-operations/

In this episode, Major Emily Bobenrieth sits down with Ms. Lakmini Seneviratne, Legal Advisor and Head of the Legal department for the International Committee of the Red Cross (ICRC) Regional Delegation for the United States and Canada located in Washington, D.C. Having joined the ICRC in 2008, Ms. Seneviratne discusses her path to becoming an operational legal advisor, the mission of the ICRC, and the attorneys who advise this unique organization. She touches on current operational legal challenges facing the ICRC, as well as how the ICRC interacts with DoD and uniformed attorneys in operational environments. This episode ends with her thoughts on how a near-peer, large-scale combat operation (LSCO) will present grave challenges to the ICRC’s mission, and why the international community should strive to avoid any LSCO, as the humanitarian costs of such a conflict would be devastating.

Ms. Seneviratne co-published an article in Articles of War, touching many of the ideas discussed in this podcast. The article can be found at the following URL: https://lieber.westpoint.edu/reducing-human-cost-large-scale-military-operations/

In this episode, Major Grant McDowell, Vice Chair and Professor in the National Security Law Department (ADN) at The Judge Advocate General's Legal Center and School (TJAGLCS), interviews Lieutenant Colonel Peter C. Combe II, USMC about National Security Law (NSL) issues regarding combat in the littorals. LtCol Combe’s unique experiences on staff, in PME and Planner schools, and through his extensive research and publications on Expeditionary Advanced Base Operations (EABO) make him a clear subject matter expert in littoral operations. During the discussion, LtCol Combe provides a clear understanding of what the littorals are, why they are important, explanation of EABO, and areas of law NSL Practitioners should focus on when preparing for these types of operations. Further, LtCol Combe provides valuable guidance applicable to all judge advocates and practitioners on how to be effective when working with staff officers and Commanders.

LtCol Combe’s article on the Center for International Maritime Security further elaborates on this interview and can be found at the following URL: https://cimsec.org/expeditionary-advanced-base-operations-national-security-law-at-the-operational-level-of-war

In this episode, Lieutenant Colonel Laura West, Solf-Warren Chair and Professor in the National Security Law Department (ADN) at The Judge Advocate General's Legal Center and School (TJAGLCS), interviews department colleague, Lieutenant Colonel Dan Maurer, about an emerging issue in National Security Law (NSL). LTC Maurer discusses the recently fielded “ePPO” app, a cell phone-accessible program that permits Ukrainian civilians to visually identify, locate, and track the trajectory of airborne threats like Russian drones, helicopters, and rockets. Given a State’s duty to take feasible precautions and constant care to prevent or limit civilian collateral harms, LTC Maurer analyzes whether these conditions (a government actively providing the means or encouragement to engage in direct participation in hostilities (DPH)) trigger a legal duty on the State to warn its civilians of the legal consequences of their DPHing. The question is broader than the “ePPO” app itself, but the Ukrainian context provides a starting point for examining how modern technology pushes against the boundaries of conventional international law.