National Security Law Today brings legal experts discussing the hot topics and current issues in the world of national security law right to your phone. Get information and advice for lawyers, law students or interested parties who want to dig deeper into the law that protects the country.
This week we're covering the range of national security law topics that have been making global headlines. Host Elisa is joined by Harvey Rishikof, Senior Counsel with the ABA Standing Committee on Law and National Security, to breakdown the latest national security law news out of Israel, China, Ukraine and Russia. Harvey Rishikof is Senior Counsel with the ABA Standing Committee on Law and National Security: https://drive.google.com/file/d/1AsBZ8upxe4Buq0tDtx-gdWDvebv4qTXz/view?usp=share_link References: NSLT Episode, "Understanding the International Criminal Court with Brian Egan." Jul 10, 2020: https://podcasts.apple.com/us/podcast/national-security-law-today/id1276946676?i=1000485211987 The Rome Statute: https://www.icc-cpi.int/sites/default/files/RS-Eng.pdf South Africa v. Israel. ICJ, Jan. 2024: https://www.icj-cij.org/sites/default/files/case-related/192/192-20240126-ord-01-00-en.pdf “Israeli Defence Minister Orders ‘complete Siege' on Gaza.” Al Jazeera, Al Jazeera, 9 Oct. 2023: www.aljazeera.com/program/newsfeed/2023/10/9/israeli-defence-minister-orders-complete-siege-on-gaza Jason Matheny audio remarks at the 33rd Annual Review of the Field of National Security Law Conference, "Emerging Technologies and Existential Risks": https://www.americanbar.org/groups/law_national_security/events_cle/33rd-annual-review-of-the-field-of-national-security-law-cle-conference/audio-recordings-33rd-annual-review-of-the-field-of-national-security-law-conference/
Part 2 of 2 – If fortune favors the brave, then North Korea is certainly making a name for itself in the world of crypto; in 2023, hackers linked to the DPRK stole an equivalent of $600 million in global virtual currency. This week, host Elisa is joined by Sujit Raman, Chief Legal Officer at TRM labs. Together, they discuss how North Korea has a documented role in stealing global crypto assets over recent years, and whether broader penalties like sanctions might have any effect. Sujit Raman is the Chief Legal Officer at TRM Labs: https://docs.google.com/document/d/1mNu3rQ1jZUGGi934L-FS-R1wbNP3mxc9/edit?usp=share_link&ouid=115287310253365681610&rtpof=true&sd=true References: Cryptocurrency Enforcement Framework. Department of Justice, 2020: https://www.justice.gov/archives/ag/page/file/1326061/download Markets in Crypto Assets Regulation (MiCA): https://www.esma.europa.eu/esmas-activities/digital-finance-and-innovation/markets-crypto-assets-regulation-mica “North Korean Hackers Stole $600 Million in Crypto in 2023: Trm Insights.” RSS: www.trmlabs.com/post/north-korean-hackers-stole-600-million-in-crypto-in-2023 “U.S. Treasury Sanctions North Korean Cyber Intrusion Group Kimsuky: Trm Insights.” RSS: www.trmlabs.com/post/us-treasury-sanctions-north-korean-cyber-intrusion-group-kimsuky “North Korean Threat Actors Continue to Target Cryptocurrency Businesses: Trm Insights.” RSS: www.trmlabs.com/post/north-korean-threat-actors-continue-to-target-cryptocurrency-businesses
If fortune favors the brave, then North Korea is certainly making a name for itself in the world of crypto; in 2023, hackers linked to the DPRK stole an equivalent of $600 million in global virtual currency. This week, host Elisa is joined by Sujit Raman, Chief Legal Officer at TRM labs. Together, they discuss the foundations of cryptocurrency, its inherent strengths and vulnerabilities, and the current state of digital asset policy in the United States. Sujit Raman is the Chief Legal Officer at TRM Labs: https://docs.google.com/document/d/1mNu3rQ1jZUGGi934L-FS-R1wbNP3mxc9/edit?usp=share_link&ouid=115287310253365681610&rtpof=true&sd=true References: Markets in Crypto Assets Regulation (MiCA): https://www.esma.europa.eu/esmas-activities/digital-finance-and-innovation/markets-crypto-assets-regulation-mica “North Korean Hackers Stole $600 Million in Crypto in 2023: Trm Insights.” RSS, www.trmlabs.com/post/north-korean-hackers-stole-600-million-in-crypto-in-2023 “U.S. Treasury Sanctions North Korean Cyber Intrusion Group Kimsuky: Trm Insights.” RSS, www.trmlabs.com/post/us-treasury-sanctions-north-korean-cyber-intrusion-group-kimsuky “North Korean Threat Actors Continue to Target Cryptocurrency Businesses: Trm Insights.” RSS, www.trmlabs.com/post/north-korean-threat-actors-continue-to-target-cryptocurrency-businesses
To what extent do elected officials and lawmakers understand how data transmits the internet? This week, host Elisa is joined by Alex Joel of American University's Washington College of Law for the second half of their discussion on international data transmission and privacy. Alex sheds light on the concept of data localization, delves into the intricacies of Schrems cases I & II, and discusses how the rulings on these cases impact global data flows and national security. Alex Joel is a Scholar-in-Residence and Adjunct Professor at American University's Washington College of Law: https://www.wcl.american.edu/community/faculty/profile/ajoel/bio/ References: The CLOUD Act: https://epic.org/wp-content/uploads/privacy/cloud-act/cloud-act-text.pdf Schrems I: https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A62014CJ0362 Schrems II: https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A62018CJ0311 Charter of Fundamental Rights of the European Union: https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:12012P/TXT "Digital Repression Growing Globally, Threatening Freedoms." The National Intelligence Council: https://www.dni.gov/files/ODNI/documents/assessments/NIC-Declassified-Assessment-Digital-Repression-Growing-April2023.pdf "Global Trends 2040." The National Intelligence Council: https://www.dni.gov/files/ODNI/documents/assessments/GlobalTrends_2040.pdf E.O. 14086: https://www.govinfo.gov/content/pkg/FR-2022-10-14/pdf/2022-22531.pdf EU General Data Protection Regulation (GDPR): https://gdpr.eu/tag/gdpr/ Foreign Intelligence Surveillance Act (FISA) Section 702 Resource Page: https://www.fisa702resources.com/ The Fair Information Practice Principles: https://www.dhs.gov/sites/default/files/2023-08/Governing%20Privacy%20Policy%20-%20The%20Fair%20Information%20Principles-Framework%20for%20Privacy%20Policy%20at%20the%20Department%20of%20Homeland%20Security.pdf The Privacy Act of 1974: https://osc.gov/Pages/Privacy-Act.aspx#:~:text=The%20Privacy%20Act%20provides%20protections,relevant%2C%20timely%20or%20complete%3B%20and OECD Privacy Guidelines, 1980: https://legalinstruments.oecd.org/en/instruments/OECD-LEGAL-0188
How much of your personal information is being bought and sold by data providers and brokers? For the average American, the sheer volume of these transactions can be staggering. This week, host Elisa is joined by Alex Joel of American University's Washington College of Law to discuss how user data is circulated and sold, how Congress might approach broader privacy regulations, and how personal data might be accessible to foreign entities and adversaries. Alex Joel is a Scholar-in-Residence and Adjunct Professor at American University's Washington College of Law: https://www.wcl.american.edu/community/faculty/profile/ajoel/bio/ References: E.O. 14086: https://www.govinfo.gov/content/pkg/FR-2022-10-14/pdf/2022-22531.pdf EU General Data Protection Regulation (GDPR): https://gdpr.eu/tag/gdpr/ Foreign Intelligence Surveillance Act (FISA) Section 702 Resource Page: https://www.fisa702resources.com/ The Fair Information Practice Principles: https://www.dhs.gov/sites/default/files/2023-08/Governing%20Privacy%20Policy%20-%20The%20Fair%20Information%20Principles-Framework%20for%20Privacy%20Policy%20at%20the%20Department%20of%20Homeland%20Security.pdf The Privacy Act of 1974: https://osc.gov/Pages/Privacy-Act.aspx#:~:text=The%20Privacy%20Act%20provides%20protections,relevant%2C%20timely%20or%20complete%3B%20and OECD Privacy Guidelines, 1980: https://legalinstruments.oecd.org/en/instruments/OECD-LEGAL-0188
As the nation grieves the passing of Justice Sandra Day O'Connor, the first woman to serve as a U.S. Supreme Court Justice, she is remembered not just for her groundbreaking work within the Court, but also as a dedicated and passionate civic educator. This week host Elisa is joined by Elizabeth Rindskopf Parker and Suzanne Spaulding to discuss Justice O'Connor's legacy, her impact on civics education, and how her influence inside and outside of the Court has shaped American society. Elizabeth Rindskopf Parker is former General Counsel of the National Security Agency and Central Intelligence Agency: https://www.csis.org/people/elizabeth-rindskopf-parker Suzanne Spaulding is former Undersecretary for the Department of Homeland Security: https://www.csis.org/people/suzanne-spaulding References: The O'Connor Institute page on Civics Education: https://oconnorinstitute.org/civics-education/ iCivics website: https://www.icivics.org/our-founder Treisman, Rachel. “Sandra Day O'Connor's Legacy Extends Far beyond the Supreme Court, Her Son Says.” NPR, NPR, 19 Dec. 2023: www.npr.org/2023/12/19/1220093787/sandra-day-oconnor-funeral-legacy.
The clock is ticking fast for reauthorization of FISA Section 702. With several proposed bills on the table and lack of consensus within Congress, the fate of this surveillance tool is at this time unclear. This week, host Elisa is joined by Glenn Gerstell and Adam Hickey to discuss the security value of Section 702, its strengths and weaknesses, and how clashing views behind privacy and data collection are shaping the conversation. Glenn Gerstell is former General Counsel at the National Security Agency: https://glenngerstell.com/#about Adam Hickey is Partner at Mayer Brown, and the former Deputy Assistant Attorney General for National Security: https://www.mayerbrown.com/en/people/h/adam-hickey?tab=overview References: Foreign Intelligence Surveillance Act (FISA) Section 702 Resource Page: https://www.fisa702resources.com FISA Section 702 Overview: https://www.dni.gov/files/icotr/Section702-Basics-Infographic.pdf Report on the Surveillance Program Pursuant to Section 702 of the Foreign Intelligence Surveillance Act, PCLOB 2023: https://documents.pclob.gov/prod/Documents/OversightReport/054417e4-9d20-427a-9850-862a6f29ac42/2023%20PCLOB%20702%20Report%20(002).pdf HPSCI FISA Section 702 Report, November 2023: https://intelligence.house.gov/uploadedfiles/hpsci_fisa_reauthorization_2023_report.pdf E.O. 12333: https://dpcld.defense.gov/Portals/49/Documents/Civil/eo-12333-2008.pdf S.3351, FISA Reform and Reauthorization Act of 2023: https://www.congress.gov/bill/118th-congress/senate-bill/3351?s=1&r=3&q=%7B%22search%22%3A%22chamberActionDateCode%3A%5C%222023-11-28%7C118%7C10000%5C%22+AND+billIsReserved%3A%5C%22N%5C%22%22%7D S.1265, Fourth Amendment Is Not For Sale Act: https://www.congress.gov/bill/117th-congress/senate-bill/1265 H.R. 6570, Protect Liberty and End Warrantless Surveillance Act of 2023: https://www.congress.gov/bill/118th-congress/house-bill/6570
In November, the ABA Standing Committee on Law and National Security hosted its 33rd Annual Review of the Field of National Security Law Conference, featuring a special keynote address from former CIA director and former Commander of U.S. forces in Iraq and Afghanistan, General David Petraeus. Together with ABA Standing Committee on Law and National Security Chair, Stephen Preston, General Petraeus discusses his recent book, Conflict: The Evolution of Warfare from 1945 to Ukraine, and how it's themes and lessons connect to the modern day conflicts in Ukraine, Middle East, and beyond. General David Petraeus is Partner at KKR and Chairman of the KKR Global Institute. General Petraeus is also former CIA Director and former Commander of U.S. forces in Iraq and Afghanistan: https://www.kkr.com/about/our-people/david-h-petraeus Moderated by Stephen Preston, Chair of the American Bar Association's Standing Committee on Law and National Security, and Partner at WilmerHale: https://www.wilmerhale.com/en/people/stephen-preston References: Petraeus, David Howell, and Andrew Roberts. Conflict: The Evolution of Warfare from 1945 to Ukraine. Harper, an Imprint of HarperCollins Publishers, 2023: https://www.harpercollins.com/products/conflict-david-petraeusandrew-roberts?variant=41006278508578 The Geneva Conventions: https://www.icrc.org/en/doc/assets/files/publications/icrc-002-0173.pdf The Law of Armed Conflict, Basic Knowledge. International Committee of the Red Cross: https://www.icrc.org/en/doc/assets/files/other/law1_final.pdf Roberts, Andrew. Churchill: Walking with Destiny. Viking, 2018: https://www.barnesandnoble.com/w/churchill-andrew-roberts/1127949760
With a history that spans over 300 years, how and when did the U.S.-Iran relationship shift from amicable to adversarial? This week, host Elisa is joined by John Ghazvinian, Executive Director of the Middle East Center at the University of Pennsylvania and author of America and Iran: A History, 1720 to the Present. John delves into the intricate tapestry of Iran and America's interconnected past, spanning centuries of shifting alliances, and explores the transformation from once fervent allies to staunch adversaries on the global stage. John Ghazvinian is the Executive Director of the Middle East Center at the University of Pennsylvania: https://mec.sas.upenn.edu/people/john-ghazvinian References: Ghazvinian, John. America and Iran: A History, 1720 to the Present. Vintage Books, a Division of Penguin Random House LLC, 2021: https://www.penguinrandomhouse.com/books/59417/america-and-iran-by-john-ghazvinian/ 1968 Treaty on the Non-Proliferation of Nuclear Weapons: https://www.iaea.org/sites/default/files/publications/documents/infcircs/1970/infcirc140.pdf
To gain a deeper understanding into today's conflicts within the Middle East, our focus sharpens on two pivotal forces: Iran and Saudi Arabia, whose roles hold paramount significance in shaping the region's contemporary landscape. This week host Elisa revisits two key conversations from our archive. First, Dr. Roham Alvandi of the London School of Economics and Political Science discusses the shift in Iran's governing structures from the coup in 1953 to the revolution in 1979. Next, Ray Takeyh of the Council on Foreign Relations dives into the fall of the Pahlavi dynasty and how the 1979 Iranian Revolution marked a critical turning point in US-Iran relations. Dr. Roham Alvandi is Associate Professor of International History at the London School of Economics and Political Science: https://www.lse.ac.uk/international-history/people/academicstaff/alvandi/alvandi Ray Takeyh is Hasib J. Sabbagh senior fellow for Middle East studies at the Council on Foreign Relations: https://www.cfr.org/expert/ray-takeyh References: NSLT Ep. 231, Iran Series: Coups and the Cold War Era with Dr. Roham Alvandi (Part 1): https://podcasts.apple.com/us/podcast/national-security-law-today/id1276946676?i=1000588399346 NSLT Ep. 229, Iran Series: The Rise of the Islamic Republic with Ray Takeyh (Part 1): https://podcasts.apple.com/us/podcast/national-security-law-today/id1276946676?i=1000585769361 Alvandi, Roham. Nixon, Kissinger, and the Shah the United States and Iran in the Cold War. Oxford University Press, 2016: https://global.oup.com/academic/product/nixon-kissinger-and-the-shah-9780190610685?prevSortField=9&q=*&resultsPerPage=100&lang=en&cc=gb# Alvandi, Roham. The Age of Aryamer: Late Pahlavi Iran and Its Global Entanglements. The Gingko Library, 2018: https://www.gingko.org.uk/publishing/books/the-age-of-aryamehr/?fbclid=IwAR0Xbu7sDHE8wbin2QUeMxaAfVMa32U24FUrsUY3FEScx3XPFM_NzgOfrVQ Takeyh, Ray. The Last Shah: America, Iran, and the Fall of the Pahlavi Dynasty. Yale University Press, 2021: https://yalebooks.yale.edu/book/9780300264654/the-last-shah/
On October 30th, President Biden issued Executive Order 14110, setting forth a comprehensive artificial intelligence framework focused on unifying the federal approach to AI regulation. This week, host Elisa is joined by ABA Cybersecurity Legal Task Force Co-Chairs Roland Trope and Adriana Luedke to discuss the details of the new executive order, how it aims to safeguard consumers and workers from AI disruption, and how it may be a first step in establishing America's global leadership in AI governance. Roland Trope is a partner at Trope and Schramm LLP, an Adjunct Professor at West Point Military Academy, and Co-Chair of the ABA Cybersecurity Legal Task Force: https://www.westpoint.edu/electrical-engineering-and-computer-science/profile/roland_trope Adriana Luedke is Associate General Counsel of Intellectual Property and Technology Law at Lockheed Martin, and Co-Chair of the ABA Cybersecurity Legal Task Force: https://acqirc.org/wp-content/uploads/2021/08/Luedke_Adriana_bio-2021.pdf References: Executive Order 14110: https://www.govinfo.gov/content/pkg/FR-2023-11-01/pdf/2023-24283.pdf The Bank Secrecy Act: https://www.fdic.gov/regulations/safety/manual/section8-1.pdf The CHIPS Act of 2022: https://www.congress.gov/bill/117th-congress/house-bill/4346/text Join us for the 33rd Annual Review of the Field of National Security Law CLE Conference this November 16-17, held at the Westin Washington DC Downtown Hotel: https://web.cvent.com/event/7eb6b360-9f77-4555-844f-4fa28099f64a/summary
This November 16th and 17th, the ABA Standing Standing Committee on Law and National Security will host their 33rd Annual Review of The Field of National Security Law CLE Conference. This yearly conference is a premier event, bringing together distinguished legal professionals, scholars, and practitioners in the field of national security law. In this week's episode, host Elisa is joined by Stephen Preston, Chair of the American Bar Association's Standing Committee on Law and National Security, to discuss the importance of the conference, the topic areas of discussion, and all the excellent resources this event provides to professionals in the field of national security law. Stephen Preston is Chair of the American Bar Association's Standing Committee on Law and National Security, and is Partner at WilmerHale: https://www.wilmerhale.com/en/people/stephen-preston References: Join us for the 33rd Annual Review of the Field of National Security Law CLE Conference this November 16-17, held at the Westin Washington DC Downtown Hotel: https://web.cvent.com/event/7eb6b360-9f77-4555-844f-4fa28099f64a/summary
Hamas' coordinated attacks on Israel on the morning of October 7th mark a terrorizing and significant turning point in the Israeli-Palestinian war. This week, host Elisa is joined by Matthew Levitt, a decades long Hamas and terrorism expert, to unpack the foundations of Hamas, how they came to be, how they operate, and what the regional and global response might tell us about the road ahead. Matthew Levitt is the Fromer-Wexler Fellow at The Washington Institute and director of its Jeanette and Eli Reinhard Program on Counterterrorism and Intelligence: https://www.washingtoninstitute.org/experts/matthew-levitt References: Levitt, Matthew. “The War Hamas Always Wanted.” Foreign Affairs, 16 Oct. 2023: https://www.foreignaffairs.com/israel/war-hamas-always-wanted The 1993 Oslo Accords and the Arab-Israeli Peace Process: https://history.state.gov/milestones/1993-2000/oslo Join us for the 33rd Annual Review of the Field of National Security Law CLE Conference this November 16-17, held at the Renaissance Washington DC Downtown Hotel: https://web.cvent.com/event/7eb6b360-9f77-4555-844f-4fa28099f64a/summary
Since its inception, cryptocurrency has fueled the growth of digital black markets, opening doors for criminal transactions while masking bad actor identities. But what if these currencies weren't so cryptic after all? This week host Elisa is joined by Andy Greenberg, senior writer for WIRED, to discuss his recent book, Tracers in the Dark, and his in-depth reporting on black market operations and their operators. Andy Greenberg is a senior writer for WIRED, covering hacking, cybersecurity and surveillance: https://www.wired.com/author/andy-greenberg/ References: Greenberg, Andy. Tracers in the Dark: The Global Hunt for the Crime Lords of Cryptocurrency. Knopf Us, 2023: https://www.amazon.com/Tracers-Dark-Global-Crime-Cryptocurrency/dp/0385548095 Greenberg, Andy. Sandworm: A New Era of Cyberwar and the Hunt for the Kremlin's Most Dangerous Hackers. Doubleday, 2019: https://www.amazon.com/Sandworm-Cyberwar-Kremlins-Dangerous-Hackers/dp/0385544405 Greenberg, Andy. “Chinese Spies Infected Dozens of Networks with Thumb Drive Malware.” Wired, Conde Nast, 19 Sept. 2023: https://www.wired.com/story/china-usb-sogu-malware/ Greenberg, Andy. “China-Linked Hackers Breached a Power Grid-Again.” Wired, Conde Nast, 12 Sept. 2023: https://www.wired.com/story/china-redfly-power-grid-cyberattack-asia/ Greenberg, Andy. “The International Criminal Court Will Now Prosecute Cyberwar Crimes.” Wired, Conde Nast, 7 Sept. 2023: https://www.wired.com/story/icc-cyberwar-crimes/ Greenberg, Andy. “How China Demands Tech Firms Reveal Hackable Flaws in Their Products.” Wired, Conde Nast, 6 Sept. 2023: https://www.wired.com/story/china-vulnerability-disclosure-law/
Kindly be aware that this podcast was recorded before the conflict in Israel occurred. In this week's special two-part episode, host Elisa is joined first by Dimitri Alperovitch, cybersecurity thought-leader, Co-Founder and Executive Chairman of the Silverado Policy Accelerator, to discuss global power dynamics, Russia, China, and how the U.S. can lessen its dependence on adversary nations. Next, with a special commentary on FISA Section 702, Elisa is joined by Josh Geltzer, Deputy Assistant to President Biden and Deputy Homeland Security Advisor with the National Security Council, who weighs in on the 702 controversy in response to Liza Goitein's commentary from last week's episode release. Dmitri Alperovitch is the Co-Founder and Executive Chairman of the Silverado Policy Accelerator, a non-profit focused on advancing American prosperity and global leadership in the 21st century and beyond: https://docs.google.com/document/d/1g9-urRWEm-l9YL0fuEWFaCzUDu_yXlOp/edit?usp=share_link&ouid=115287310253365681610&rtpof=true&sd=true Joshua A. Geltzer is the Deputy Assistant to the President and Deputy Homeland Security Advisor with the National Security Council: www.lawfaremedia.org/contributors/jgeltzer References: Alperovitch, Dmitri, and Garrett Graff. World on the Brink: How America Can Beat China in the Race for the 21st Century. PublicAffairs, 2024: https://www.amazon.com/dp/B0CF1TKHY2?ref_=cm_sw_r_apin_dp_P2890EKH0XKPAG9KA5KH_1 Listen in to Dimitri's podcast, "Geopolitics Decanted" by Silverado: https://podcast.silverado.org The CHIPS Act of 2022: https://www.congress.gov/bill/117th-congress/house-bill/4346/text Alperovitch, Dmitri. “The Case for Cyber-Realism.” Foreign Affairs, 2022, www.foreignaffairs.com/articles/united-states/2021-12-14/case-cyber-realism. Foreign Intelligence Surveillance Act (FISA) Section 702 Resource Page: https://www.fisa702resources.com E.O. 12333: https://dpcld.defense.gov/Portals/49/Documents/Civil/eo-12333-2008.pdf Join us for the 33rd Annual Review of the Field of National Security Law CLE Conference this November 16-17, held at the Renaissance Washington DC Downtown Hotel: https://web.cvent.com/event/7eb6b360-9f77-4555-844f-4fa28099f64a/summary
The FBI's most controversial surveillance tool, FISA Section 702, is up for reauthorization this year. Supporters of 702 argue that it is vital for national security and counterterrorism efforts, while critics warn that it allows for warrantless surveillance of Americans leading to potential violations of the Fourth Amendment. This week, host Elisa is joined by Liza Goitein, nationally-recognized expert on government surveillance and secrecy, to discuss the varying viewpoints on 702, its strength and weakness, and what reforms may be useful. Elizabeth Goitein is Senior Director of the Brennan Center for Justice's Liberty & National Security Program: https://www.brennancenter.org/experts/elizabeth-goitein References: Goitein, Elizabeth."The Coming Fight Over American Surveillance." Foreign Affairs. June 6 2023: www.foreignaffairs.com/united-states/coming-fight-over-american-surveillance. Goitein, Elizabeth. "The Year of Section 702 Reform, Part I: Backdoor Searches." Just Security, Feb 13 2023: www.justsecurity.org/85068/the-year-of-section-702-reform-part-i-backdoor-searches/. Goitein, Elizabeth. "The Year of Section 702 Reform, Part II: Closing the Gaps and Completing the Modernization of FISA." Just Security, Apr 18 2023: https://www.justsecurity.org/86011/the-year-of-section-702-reform-part-ii-closing-the-gaps-and-completing-the-modernization-of-fisa/ Goitein, Elizabeth. "The Year of Section 702 Reform, Part III: Why Congress Should Not Exempt Warrantless Foreign Intelligence Queries." Just Security, Jul 27 2023: https://www.justsecurity.org/87390/the-year-of-section-702-reform-part-iii-why-congress-should-not-exempt-warrantless-foreign-intelligence-queries/ Foreign Intelligence Surveillance Act (FISA) Section 702 Resource Page: https://www.fisa702resources.com FISA Section 702 Overview: https://www.dni.gov/files/icotr/Section702-Basics-Infographic.pdf E.O. 12333: https://dpcld.defense.gov/Portals/49/Documents/Civil/eo-12333-2008.pdf Electronic Communications Privacy Act of 1986: https://bja.ojp.gov/program/it/privacy-civil-liberties/authorities/statutes/1285 Join us for the 33rd Annual Review of the Field of National Security Law CLE Conference this November 16-17, held at the Renaissance Washington DC Downtown Hotel: https://web.cvent.com/event/7eb6b360-9f77-4555-844f-4fa28099f64a/summary
Part 2 of 2 – Today, American intellectual property, trade secrets and data holdings have never been more at risk. The United States is being bombarded by cyber attacks, and experts predict the global annual cost of cyber crime to top $8 trillion in 2023 alone. This week, host Elisa is joined by Michael McLaughlin, cybersecurity expert and Principal for Government Relations at Buchanan Ingersoll & Rooney. In part two of this discussion, Elisa and Michael unpack the risks of unregulated cryptocurrencies, the methods behind foreign influence campaigns, and propose suggestions on how best to restructure the U.S. government approach to cybersecurity. Michael G. McLaughlin is Principal for Government Relations and the Cybersecurity and Data Privacy Practice Group Co-Leader at Buchanan Ingersoll & Rooney: https://www.bipc.com/michael-g.-mclaughlin References: The Bank Secrecy Act: https://www.fdic.gov/regulations/safety/manual/section8-1.pdf 1947 National Security Act: https://www.dni.gov/index.php/ic-legal-reference-book/national-security-act-of-1947 The CHIPS Act of 2022: https://www.congress.gov/bill/117th-congress/house-bill/4346/text McLaughlin, Michael G., and William J. Holstein. Battlefield Cyber: How China and Russia Are Undermining Our Democracy and National Security. Prometheus Books, 2023: https://www.barnesandnoble.com/w/battlefield-cyber-william-j-holstein/1141694096 Join us for the 33rd Annual Review of the Field of National Security Law CLE Conference this November 16-17, held at the Renaissance Washington DC Downtown Hotel: https://web.cvent.com/event/7eb6b360-9f77-4555-844f-4fa28099f64a/summary
Today, American intellectual property, trade secrets and data holdings have never been more at risk. The United States is being bombarded by cyber attacks, and experts predict the global annual cost of cyber crime to top $8 trillion in 2023 alone. This week, host Elisa is joined by Michael McLaughlin, cybersecurity expert and Principal for Government Relations at Buchanan Ingersoll & Rooney. In part one of this two part discussion, Elisa and Michael discuss America's controversial business relationships with China, global competition over semiconductors, and how the rise of ransomware attacks have impacted national security. Michael G. McLaughlin is Principal for Government Relations and the Cybersecurity and Data Privacy Practice Group Co-Leader at Buchanan Ingersoll & Rooney: https://www.bipc.com/michael-g.-mclaughlin References: The CHIPS Act of 2022: https://www.congress.gov/bill/117th-congress/house-bill/4346/text McLaughlin, Michael G., and William J. Holstein. Battlefield Cyber: How China and Russia Are Undermining Our Democracy and National Security. Prometheus Books, 2023: https://www.barnesandnoble.com/w/battlefield-cyber-william-j-holstein/1141694096 Join us for the 33rd Annual Review of the Field of National Security Law CLE Conference this November 16-17, held at the Renaissance Washington DC Downtown Hotel: https://web.cvent.com/event/7eb6b360-9f77-4555-844f-4fa28099f64a/summary
Biological. Chemical. Radiological. When most people think of Weapons of Mass Destruction, or WMDs, they often think of nuclear capabilities and atomic weapons. How will AI development and its catastrophic potential on the battlefield shape the global understanding and control of WMD's? This week, host Elisa is joined by David Koplow, arms control expert and Professor of Law at Georgetown University, to discuss the history of WMDs, the laws and treaties that govern them, and how AI innovation will shape our future understanding of weapons and warfare. David Koplow is a Professor of Law at Georgetown University: https://www.law.georgetown.edu/faculty/david-a-koplow/ References: UN Security Council Resolution of 1977: https://digitallibrary.un.org/record/623117?ln=en 1993 Chemical Weapons Convention, ICRC: https://ihl-databases.icrc.org/en/ihl-treaties/cwc-1993 2017 Treaty on the Prohibition of Nuclear Weapons: https://www.nti.org/education-center/treaties-and-regimes/treaty-on-the-prohibition-of-nuclear-weapons/ 2023 Cluster Munition Monitor Report: http://the-monitor.org/en-gb/reports/2023/cluster-munition-monitor-2023.aspx Koplow, David A. Non-Lethal Weapons the Law and Policy of Revolutionary Technologies for the Military and Law Enforcement. Cambridge University Press, 2006: https://www.cambridge.org/us/universitypress/subjects/law/us-law/non-lethal-weapons-law-and-policy-revolutionary-technologies-military-and-law-enforcement?site_view=mobile Koplow, David A. Death by Moderation: The U.S. Military's Quest for Useable Weapons. Cambridge University Press, 2010: https://www.barnesandnoble.com/w/death-by-moderation-david-a-koplow/1110764625 Koplow, David A. Smallpox: The Fight to Eradicate a Global Scourge. University of California Press, 2003: https://www.ucpress.edu/book/9780520242203/smallpox Join us for the 33rd Annual Review of the Field of National Security Law CLE Conference this November 16-17, held at the Renaissance Washington DC Downtown Hotel: https://web.cvent.com/event/7eb6b360-9f77-4555-844f-4fa28099f64a/summary
Section 702 of the Foreign Surveillance Intelligence Act is up for reauthorization later this year. What has long been a key surveillance tool, Section 702 now faces controversy over whether its powers are too broad. Is Section 702 granting excessive authority to intelligence officers, or is its framework, along with its limitations, simply misunderstood? This week, host Elisa is joined by Joshua Geltzer, Deputy Assistant to President Biden and Deputy Homeland Security Advisor with the National Security Council. Together they unpack the essentials of Section 702, what the critics are saying, and what the future may hold for this beneficial and controversial national security tool. Joshua A. Geltzer is the Deputy Assistant to the President and Deputy Homeland Security Advisor with the National Security Council: https://www.lawfaremedia.org/contributors/jgeltzer References: Foreign Intelligence Surveillance Act (FISA) Section 702 Resource Page: https://www.fisa702resources.com Section 702 Overview: https://www.dni.gov/files/icotr/Section702-Basics-Infographic.pdf The PIAB and IOB Review of FISA Section 702 and Recommendations for Reauthorization Report: https://www.whitehouse.gov/wp-content/uploads/2023/07/Presidents-Intelligence-Advisory-Board-and-Intelligence-Oversight-Board-Review-of-FISA-Section-702-and-Recommendations-for-Reauthorization.pdf Release of Documents Related to the 2023 FISA Section 702 Certifications: https://www.intelligence.gov/ic-on-the-record-database/results/1307-release-of-documents-related-to-the-2023-fisa-section-702-certifications GovTrack Website: https://www.govtrack.us Congress.gov Website: https://www.congress.gov Join us for the 33rd Annual Review of the Field of National Security Law CLE Conference this November 16-17, held at the Renaissance Washington DC Downtown Hotel: https://web.cvent.com/event/7eb6b360-9f77-4555-844f-4fa28099f64a/summary
Could you tell whether this Program Description was written by an AI app? Most of us couldn't. With the emergence of ChatGPT, Google's Bard, and Bing AI, artificial intelligence (AI) is here to stay. Lawyers, law firms, and academia have embraced AI in a high-profile way – with AI systems passing law school exams, reviewing evidence, and nearly actively representing a client. With the increasing ubiquity of AI systems, the legal community must consider the ethical and professional risks and responsibilities as we embrace these new technologies. The ABA has taken a proactive approach to confronting the challenges posed by AI use and its capabilities. As part of our latest AI series, we're airing a live program from the 2023 ABA Annual Meeting, as expert panelists discuss how the legal community must adapt to these new systems and what lawyers must know to protect themselves, their firms, their clients, and the public. This program was sponsored by the ABA Cybersecurity Legal Task Force, and cosponsored by the ABA Science and Technology Law Section. Introductions by ABA President Mary Smith: https://www.americanbar.org/groups/leadership/aba_officers/smith-mary/ Moderated by Dina Temple-Raston host and executive producer of Click Here, an award-winning weekly podcast on all things cyber and intelligence from Recorded Future News: https://drive.google.com/file/d/1xK2VzV5_D2M62npxWlJLLcCL5ezPd4GI/view?usp=drive_link Dr. Lance Eliot is a globally recognized AI expert with a focus on AI & Law and AI & Ethics, and is a popular Forbes columnist and legal industry writer with over 6.8 million article views: https://drive.google.com/file/d/1xK2VzV5_D2M62npxWlJLLcCL5ezPd4GI/view?usp=drive_link Daniel “Dazza” Greenwood is the founder of CIVICS.com, a boutique provider of professional consultancy services for legal technologies, automated transactions, data management, and technology strategy: https://drive.google.com/file/d/1xK2VzV5_D2M62npxWlJLLcCL5ezPd4GI/view?usp=drive_link Lucy L Thomson is Founding Principal at Livingston PLLC: https://drive.google.com/file/d/1xK2VzV5_D2M62npxWlJLLcCL5ezPd4GI/view?usp=drive_link To view the full program, visit the ABA Cybersecurity Legal Task Force website page: https://www.americanbar.org/groups/cybersecurity/
How has our knowledge of AI and our awareness of its potential progressed in the past 5 years? This week, we're going back to the vault to re-air one of our first AI related episodes, featuring Michael Page, former Policy and Ethics advisor at OpenAI. Michael Page is the former Policy and Ethics Advisor at OpenAI: https://cset.georgetown.edu/staff/michael-page/ Stewart Baker is Of Counsel at Steptoe & Johnson https://www.steptoe.com/en/lawyers/stewart-baker.html References: "AI outperforms human lawyers in reviewing legal documents" : https://futurism.com/ai-contracts-lawyers-lawgeex "An algorithm that grants freedom, or takes it away": https://www.nytimes.com/2020/02/06/technology/predictive-algorithms-crime.html "Can AI be taught to explain itself?": https://www.nytimes.com/2017/11/21/magazine/can-ai-be-taught-to-explain-itself.html H.R.4625, FUTURE of Artificial Intelligence Act of 2017: https://www.congress.gov/bill/115th-congress/house-bill/4625/text Find more about the Steptoe Cyberlaw Cast https://www.steptoe.com/en/services/practices/litigation/privacy-cybersecurity.html?tab=the_cyberlaw_podcast Join us for the 33rd Annual Review of the Field of National Security Law CLE Conference this November 16-17, held at the Renaissance Washington DC Downtown Hotel: https://web.cvent.com/event/7eb6b360-9f77-4555-844f-4fa28099f64a/summary
On August 9, the Biden Administration issued a long-awaited Executive Order outlining controls on U.S. investments in certain Chinese entities related to national security. With a focus on "sensitive technologies," this EO aims to curtail both direct and indirect investments within China's advanced tech sectors, including semiconductors, quantum information technologies, and artificial intelligence. This week host Elisa is joined by Brian Egan, Partner at Skadden, for a high level review of the recent EO, and its impacts on both our national security priorities and the U.S.-China relationship. Brian Egan is a Partner at Skadden: https://www.skadden.com/en/Professionals/E/Egan-Brian References: E.O. 14105: https://www.whitehouse.gov/briefing-room/presidential-actions/2023/08/09/executive-order-on-addressing-united-states-investments-in-certain-national-security-technologies-and-products-in-countries-of-concern/
Is there hope for an open, rule-bound and balanced global AI ecosystem? This week, host Elisa is joined by Klon Kitchen, national security and defense technology expert at the American Enterprise Institute. Klon unpacks the U.S.–China rivalry in the race for AI dominance, China's growing defense industrial complex, and the pros and cons that come with increasing AI competition in the national security space. Klon Kitchen is a Non-Resident Senior Fellow at the American Enterprise Institute: https://www.aei.org/profile/klon-kitchen/ References: Klon Kitchen, "AI as a National Security Lifeline" – Statement before the House Committee on Armed Services Subcommittee on Cyber, Information Technologies, and Innovation. July, 18 2023:https://armedservices.house.gov/sites/republicans.armedservices.house.gov/files/Kitchen-%20Written%20Statement.pdf The Cybersecurity Law of the People's Republic of China: https://digichina.stanford.edu/work/translation-cybersecurity-law-of-the-peoples-republic-of-china-effective-june-1-2017/ The EU Artificial Intelligence Act:https://artificialintelligenceact.eu Avlon, John, et al. “How to Reunite a Divided America: The Unum Test.” Time, 13 Apr. 2021: https://time.com/5954170/partisanship-how-to-reunite-america/
By the day it is becoming increasingly difficult to decipher AI content from human generated content. With the power to shape narratives across the globe, are these AI models and the content generated from them an immediate threat to our media ecosystem? This week host Elisa is joined by technologist and national security expert Doowan Lee. Together they explore the fundamental principles of generative AI, its potential for large-scale influence, and the potential setback posed by content monetization relying on user information. Doowan Lee is a technologist and national security expert with experience in publicly funded analytic projects on large-data sources related to foreign and extremist information operations. He has also founded two tech startups focused on scaling open-source solutions to combat foreign malign influence: https://www.law.georgetown.edu/national-security-center/incubator/natsec-tech/social-media-governance-task-force/doowan-lee-2/ References: Lee, Doowan. “Cost Imposition: The Key to Making Great Power Competition an Actionable Strategy.” Modern War Institute, 8 Apr. 2021, mwi.westpoint.edu/cost-imposition-the-key-to-making-great-power-competition-an-actionable-strategy/: https://mwi.westpoint.edu/cost-imposition-the-key-to-making-great-power-competition-an-actionable-strategy/ Doowan Lee, Foreign Policy: https://foreignpolicy.com/author/doowan-lee/ Doowan Lee, Lawfare: https://www.lawfaremedia.org/contributors/dlee2 E.O. 9981: https://www.archives.gov/milestone-documents/executive-order-9981 Pincus, Walter. “Hot-Button Adds to U.S. Defense Bill Echo Truman-Era Fight.” The Cipher Brief, 19 July 2023: www.thecipherbrief.com/column_article/hot-button-adds-to-u-s-defense-bill-echo-truman-era-fight
This week, we're airing a recent discussion from the Women in National Security Law Webinar Program featuring Lala Qadir, incoming Chair of the Advisory Committee of the ABA Standing Committee on Law and National Security and Principal Assistant Director and Chief of Staff of the National Security Division at the White House Office of Science and Technology Policy. Together with Moderator Margret Hu, they discuss Lala's impressive career path, the role of emerging technologies in national security, and the development of long-term science and technology strategies to strengthen our national security and competitiveness. Lala Qadir is the incoming Chair of the Advisory Committee of the ABA Standing Committee on Law and National Security and the Principal Assistant Director and Chief of Staff of the National Security Division at the White House Office of Science and Technology Policy (OSTP): https://drive.google.com/file/d/1TQjisEDseJq07O9MYx2tSqGOg4MHsLHF/view?usp=share_link Moderated by Margaret Hu, Advisory Committee Member with the Standing Committee on Law and National Security, and Professor of Law at William & Mary Law School: https://law2.wm.edu/faculty/bios/fulltime/mhu05.php Opening remarks by Jennifer O'Connor, Chair of the Women in National Security Law: https://www.americanbar.org/groups/law_national_security/women-in-national-security-law/ 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
Who's the highest ranking spy in U.S. history that nobody knows about? This week, host Elisa is joined by national security expert Howard W. Cox to discuss the themes and lessons from his book, American Traitor: General Wilkinson's Betrayal of the Republic and Escape from Justice. Together they dive into the notorious career of Gen. James Wilkinson, whose corruption and espionage exposed the United States to grave dangers during the early years of the republic. Howard W. Cox is former trial attorney in the US Army JAG Corps, former staff counsel of the Senate Permanent Committee on Investigations, former federal prosecutor, and former assistant inspector general for investigations at the CIA: https://fedsoc.org/contributors/howard-cox References: Cox, Howard W. American Traitor: General James Wilkinson's Betrayal of the Republic and Escape from Justice. Georgetown University Press, 2023: https://www.barnesandnoble.com/w/american-traitor-howard-w-cox/1142644340 The Insurrection Act: https://policy.defense.gov/portals/11/documents/hdasa/references/insurrection_act.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, find “National Security Law Today” using the drop down menus. You can nominate our cast for The Adam Curry People's Choice Award, the Government & Organizations category, and the News & Politics category
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 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
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
The Wagner Group, a private military contractor with close ties to Russia, has been linked to countless human rights abuses and destabilizing efforts across the globe. The group is now raising speculation in Sudan as they acquire resources to aid Russia's efforts in the war in Ukraine. This week, friend-of-the-cast Adam Pearlman steps in to host John Dermody and Arthur Traldi in discussing how the Wagner Group is classified, whether it should be designated as a Foreign Terrorist Organization, as well as how the recent ICC charges against Putin are unfolding. Adam Pearlman is the Founder and Managing Director of Lexpat Global Services: https://www.lexpatglobal.com/staff_trusted/adam-pearlman/ John Dermody is Counsel at O'Melveny: https://www.omm.com/professionals/john-dermody/ Arthur Traldi is Senior Attorney-Consultant at Lexpat Global Services: https://www.lexpatglobal.com/staff_trusted/arthur-traldi/ References: U.S. Code: Title 18: https://www.law.cornell.edu/uscode/text/18 H.R. 927, Cuban Liberty and Democratic Solidarity (LIBERTAD) Act of 1996: https://www.congress.gov/bill/104th-congress/house-bill/927 “Situation in Ukraine: ICC Judges Issue Arrest Warrants against Vladimir Vladimirovich Putin and Maria Alekseyevna Lvova-Belova.” International Criminal Court: https://www.icc-cpi.int/news/situation-ukraine-icc-judges-issue-arrest-warrants-against-vladimir-vladimirovich-putin-and The Rome Statute: Crime of Aggression, and Articles 27 and 98: https://www.icc-cpi.int/sites/default/files/RS-Eng.pdf H.R. 11315, Foreign Sovereign Immunities Act: https://www.congress.gov/bill/94th-congress/house-bill/11315
Section 702 of the Foreign Intelligence Surveillance Act is set to expire this year unless reauthorized by Congress. This week, we're airing our latest live discussion featuring special guest April Doss, General Counsel at the National Security Agency. April addresses the arguments for supporting 702, where its pitfalls may lie, and how critical this framework is to national security. April Doss is General Counsel for the National Security Agency: https://www.nsa.gov/Culture/General-Counsel/Leadership/ 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://law.temple.edu/contact/harvey-rishikof/ Introductions by Glenn Gerstell, former General Counsel for the National Security Agency: https://glenngerstell.com/#about References: FISA, Section 702: https://www.govinfo.gov/content/pkg/BILLS-110hr6304enr/pdf/BILLS-110hr6304enr.pdf E.O. 14086: https://www.govinfo.gov/content/pkg/FR-2022-10-14/pdf/2022-22531.pdf The Annual Statistical Transparency Report, 2022 Edition: https://www.dni.gov/files/CLPT/documents/2022_ASTR_for_CY2020_FINAL.pdf Check out the Foreign Intelligence Surveillance Act Section 702 Resource Page: https://www.fisa702resources.com *2023 Edition of The Annual Statistical Transparency Report is to be released later this month, and will be available on the 702 Resource Page listed above
China is an engine for economic growth, and within the past few decades has expanded rapidly, lifting millions out of poverty and creating new opportunities for businesses around the world. As U.S.-China relations become more strained, does the potential for competition outweigh the benefits of cooperation? This week, host Elisa is joined by David Dollar, Senior Fellow and host of the "Dollar & Sense" podcast at the Brookings Institution, to discuss the strategic implications of China's rise, how it challenges U.S. dominance, and how we maintain our mutually beneficial relationship going forward. David Dollar is Senior Fellow for Foreign Policy, Global Economy and Development at the John L. Thornton China Center at the Brookings Institution: https://www.brookings.edu/experts/david-dollar/ Check out David's podcast, Dollar & Sense, which explores how our global trading system is built and its effect on our everyday lives: https://podcasts.apple.com/us/podcast/dollar-sense-the-brookings-trade-podcast/id1442325838
The average Chinese family size is shrinking. For every 100 Chinese females there are roughly 105 Chinese males, a disparity that amounts to about 32 million more men on a countrywide scale. This shift in gender balance and family structures is the unavoidable consequence of China's declining fertility rates, and the strict One-Child Policy enacted in 1979. This week, host Elisa is joined by Ashton Verdery of Penn State University to discuss China's shifting population and how these trends will shape the country's development for years to come. Ashton Verdery is the Harry and Elissa Sichi Early Career Professor of Sociology, Demography, and Social Data Analytics, and Associate Professor of Sociology & Demography at Penn State: https://sociology.la.psu.edu/people/amv5430/ References: Eberstadt, Nicholas, and Ashton Verdery. “China's Shrinking Families: The Demographic Trend That Could Curtail Beijing's Ambitions.” Foreign Affairs, 10 Jan. 2023, https://www.foreignaffairs.com/articles/china/2021-04-07/chinas-shrinking-families
Since the start of the war in Ukraine, evidence has emerged that Russia has been relocating and reeducating thousands of Ukrainian children – actions that constitute war crimes, and may give evidence to genocide. This week, host Elisa is joined by friend-of-the-cast Judge Jamie Baker to discuss the latest ICC war crime charges against Putin, and what this could mean for the conflict going forward. Hon. James E. Baker is Director of the Institute for Security Policy and Law at Syracuse University: https://law.syracuse.edu/deans-faculty/faculty/hon-james-e-baker/?_ga=2.54182113.83813634.1674149590-222628566.1661542169 References: The Rome Statute and associated articles: https://www.icc-cpi.int/sites/default/files/RS-Eng.pdf Russia's Systematic Program for the Re-Education and Adoption of Ukraine's Children. Conflict Observatory and Yale University's Humanitarian Research Lab. Feb. 2023: https://hub.conflictobservatory.org/portal/apps/sites/#/home/pages/children-camps-1 The Contemporary Law of Superior Responsibility: https://www.cambridge.org/core/journals/american-journal-of-international-law/article/abs/contemporary-law-of-superior-responsibility/47A461016A4C1E83D495F4FA2680D150 NSLT Ep. 227, "The Laws of War Revisited with Judge James Baker": https://soundcloud.com/nsltoday/revisited-james-baker?si=5fa2d26fe58a4d409bedeeea3b1746f3&utm_source=clipboard&utm_medium=text&utm_campaign=social_sharing Register for our April 17th event, "FISA Section 702 Reauthorization – a discussion with the General Counsel of the National Security Agency": https://web.cvent.com/event/db79776b-0655-452a-bb3a-2ccc5a374099/summary
This week, host Elisa runs through the latest national security headlines, covering Xi Jinping's visit to Moscow, political turmoil in Israel, the International Criminal Court's recent charges against Russia, and more. References: The Rome Statute and associated articles: https://www.icc-cpi.int/sites/default/files/RS-Eng.pdf Egozi, Arie. “Improved Saudi-Iran Relationship Has Israel Nervous - about Iran, and about China.” Breaking Defense, 20 Mar. 2023: https://breakingdefense.com/2023/03/improved-saudi-iran-relationship-has-israel-nervous-about-iran-and-about-china/. Trevelyan, Mark. “Russia Defies Putin Arrest Warrant by Opening Its Own Case against ICC.” Reuters, Thomson Reuters, 20 Mar. 2023: https://www.reuters.com/world/europe/russia-opens-criminal-case-against-icc-judges-prosecutor-over-putin-arrest-2023-03-20/. Trofimov, Yaroslav. “Japanese Premier Visits Kyiv as Ukraine War Divides Asia.” The Wall Street Journal, Dow Jones & Company, 22 Mar. 2023: https://drive.google.com/file/d/1dGvLndoVxB02f2-fNwimhrBCmRF6dqQP/view?usp=share_link Khara, Ali. “Afghan Women, Banned from Working, Can't Provide for Their Children.” The Wall Street Journal, Dow Jones & Company, 3 Mar. 2023: https://drive.google.com/file/d/1V3CZ4x3PDr-ecr4FGr5SW2hrhmB6DpBj/view?usp=share_link Shah, Saeed. “Taliban Leader Faces Blowback over Girls' School Ban-from His Own Movement.” The Wall Street Journal, Dow Jones & Company, 22 Mar. 2023, https://drive.google.com/file/d/1Dq1CDo4SoOOoxb4LaGCZttRagqltTrLP/view?usp=share_link
This week, host Elisa is joined by Joshua Kurlantzick, Senior Fellow for Southeast Asia at the Council on Foreign Relations. Together they discuss China's most recent attempts at soft power influence, most notably through the nations media presence across the globe. How successful have China's efforts been at influencing politics in foreign countries? What exactly do these efforts look like? And how do their reasons for wielding soft power influence compare to ours? Joshua Kurlantzick is Senior Fellow for Southeast Asia at the Council on Foreign Relations:https://www.cfr.org/expert/joshua-kurlantzick References: Kurlantzick, Joshua. Beijing's Global Media Offensive: China's Uneven Campaign to Influence Asia and the World. Oxford University Press, 2023:https://www.cfr.org/book/beijings-global-media-offensive
This week, host Elisa welcomes on Jude Blanchette, China expert at The Center for Strategic and International Studies. With a background in China's political history and the influence of the CCP, Jude unpacks China's latest political moves, how we got to the present dynamic, and what we might expect from China in the future. Beginning with Taiwan, why is the island so important to both China and the U.S.? What are China's current goals with Taiwan, and what threats does this pose to us? And looking to the West, how has Xi's relationship with Putin and China's faux neutrality towards the war in Ukraine changed the global superpower dynamic? Jude Blanchette is Freeman Chair in China Studies at the Center for Strategic and International Studies (CSIS): https://www.csis.org/people/jude-blanchette References: H.R. 2479 Taiwan Relations Act: https://www.congress.gov/bill/96th-congress/house-bill/2479 C.H.Wong, K.Zhai, J.T. Areddy. “China's Xi Jinping Takes Rare Direct Aim at U.S. in Speech.” The Wall Street Journal, Dow Jones & Company, 6 Mar. 2023: https://drive.google.com/file/d/1mcTVSYfJaf6qNGueGrL6A4x0GDEUw78T/view?usp=share_link Person, and Laurie Chen. “Factbox: What Is China's New Government Restructuring Plan?” Reuters, Thomson Reuters, 8 Mar. 2023: https://drive.google.com/file/d/14CDtz9Xk-oHXbg-6s1qufEzokEHNOljF/view?usp=share_link
Tik Tok, the Chinese-owned social media platform, has taken the U.S. by storm with nearly two thirds of American teenagers currently active on the app. Through a national security lens, Tik Tok is a giant red flag – Congress is advancing legislation to enable a nationwide ban over growing data-privacy concerns. But would a flat ban actually hurt more than it helps? This week, host Elisa welcomes Glenn Gerstell, former General Counsel at the National Security Agency. Together they examine Tik Tok's business model, what user data the company collects, and why concerns over transparency are legitimate. What does Tik Tok know about us? Is it just government employees that should be concerned? And is a nationwide flat ban just a slippery slope for future social media legislation? Glenn Gerstell is former General Counsel at the National Security Agency: https://glenngerstell.com/#about References: Gerstell, G. S. (2022, March 4). I've dealt with foreign cyberattacks. America isn't ready for what's coming. The New York Times: https://drive.google.com/file/d/1SXtaBja2gqC2Q8smFBNNJ3OIQyhG_bOV/view?usp=share_link Gerstell, G. S. (2020, November 13). The national-security case for fixing social media. The New Yorker: https://www.newyorker.com/tech/annals-of-technology/the-national-security-case-for-fixing-social-media CBS Interactive. (n.d.). NSA's former top lawyer on understanding electronic surveillance - "Intelligence matters". CBS News: https://www.cbsnews.com/news/nsas-former-top-lawyer-on-understanding-electronic-surveillance-intelligence-matters/ Glenn S. Gerstell: A tiktok ban won't solve our problems. The Salt Lake Tribune. (2023, February 5): https://www.sltrib.com/opinion/commentary/2023/02/05/glenn-s-gerstell-tiktok-ban-wont/
In the absence of regulation, we are ultimately at the mercy of social media platforms and their algorithms. This week, host Elisa welcomes Joshua Tucker, Professor of Politics at NYU, to discuss his extensive research on American elections, including voter influence through social media and how broad public opinions are formed on and off these platforms. How do you go about accessing this kind of data from platforms like Twitter, Facebook and TikTok? Does Youtube's algorithm push people towards extreme content? And how can we better regulate TikTok in particular, a Chinese controlled platform that's gained huge popularity in the U.S.? Joshua Tucker is Professor of Politics at New York University, Director of the Jordan Center for the Advanced Study of Russia, Co-Director NYU Center for Social Media and Politics(CSMaP): https://as.nyu.edu/faculty/joshua-tucker.html References: NSLT Ep. 213, "Putin's State of Mind with Robert Dannenberg (Part 1). March 10, 2022: https://podcasts.apple.com/us/podcast/national-security-law-today/id1276946676?i=1000553603393 Persily, Nathaniel, and Joshua A. Tucker, editors. 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 Prior, Markus. Post-Broadcast Democracy: How Media Choice Increases Inequality in Political Involvement and Polarizes Elections. Cambridge University Press, 2010: https://www.booksamillion.com/p/Post-Broadcast-Democracy/Markus-Prior/9780521675338?id=8044355996728 Guriev, S. M., and Daniel Treisman. Spin Dictators: The Changing Face of Tyranny in the 21st Century. Princeton University Press, 2022: https://press.princeton.edu/books/hardcover/9780691211411/spin-dictators Eady, G., Paskhalis, T., Zilinsky, J. et al. Exposure to the Russian Internet Research Agency foreign influence campaign on Twitter in the 2016 US election and its relationship to attitudes and voting behavior. Nat Commun 14, 62 (2023): https://doi.org/10.1038/s41467-022-35576-9 For a full list of Joshua Tucker's recent research, articles and book references: https://wp.nyu.edu/fas-joshuatucker/research/
At times of real and perceived national security threats, policymakers and decision-makers sometimes consider “law” an impediment rather than an asset. In this week's episode, an expert panel addresses the question - does law matter - and other ethical questions, like how to make the case for law in times of crisis, and why the good faith application of law is a national security value. Lauren Hobart is the Associate Teaching Professor at Syracuse University College of Law: https://www.maxwell.syr.edu/research/autonomous-systems-policy-institute/leadership-staff/faculty/laurie-hobart Hon. James E Baker is Professor by Courtesy Appointment in the Public Administration and International Affairs Department at the Maxwell School for Citizenship and Public Affairs, and Director of the Institute for Security Policy and Law at Syracuse University: https://www.maxwell.syr.edu/directory/the-hon-james-e-baker Dana Dyson is Deputy General Counsel for Operations at the CIA: https://www.wcl.american.edu/community/faculty/profile/ddyson/bio References: Does Law Matter: Making the Case for Law During Times of Crisis, model rules: https://acrobat.adobe.com/link/track?uri=urn%3Aaaid%3Ascds%3AUS%3A11ac4f5d-e062-33f2-931f-7d5d7f3e85b7&viewer%21megaVerb=group-discover Robert H. Jackson, The Federal Prosecutor, 24 J. Am. Jud. Soc'y 18 (1940) (address at Conference of United States Attorneys, Washington, D.C., April 1, 1940): https://www.roberthjackson.org/speech-and-writing/the-federal-prosecutor/ Hon. James E. Baker, In Common Defense, Chapter 10 (2013): https://acrobat.adobe.com/link/track?uri=urn%3Aaaid%3Ascds%3AUS%3Ab8115309-431b-34f7-bb8f-572412203545&viewer%21megaVerb=group-discover To view the entire collection of panels from our 32nd Annual Review of the Field of National Security Law Conference: https://www.americanbar.org/groups/law_national_security/events_cle/32-nd-annual-review-of-the-field-of-national-security-law-confernce/recordings-32nd-annual-review-of-the-field-of-national-security-law-conference/
As Ukraine ramps up its defenses with the help of allied nations, it appears there is no end in sight for the War in Ukraine. This week, host Elisa is joined by committee member David Graham to discuss the ins and outs of the Law of Armed Conflict, and how the framework applies to the situation in Ukraine. What should Russia be held accountable for? How do we foresee this conflict playing out? And how does the Law of Armed Conflict address crimes by victim nations? David Graham is a Special Advisor to the ABA's Standing Committee on Law and National Security: https://sites.duke.edu/lawfire/files/2023/01/Graham.pdf References: The Geneva Conventions: https://www.icrc.org/en/doc/assets/files/publications/icrc-002-0173.pdf The Hague Conventions: https://casebook.icrc.org/glossary/hague-conventions The Law of Armed Conflict, Basic Knowledge. International Commitee of the Red Cross: https://www.icrc.org/en/doc/assets/files/other/law1_final.pdf Law of Armed Conflict, Article 54 Protocol I: https://ihl-databases.icrc.org/en/customary-ihl/v2/rule54 U.S. Department of Defense Law of War Manual: https://dod.defense.gov/Portals/1/Documents/pubs/DoD%20Law%20of%20War%20Manual%20-%20June%202015%20Updated%20Dec%202016.pdf?ver=2016-12-13-172036-190 United National Charter, Article 2(4): https://legal.un.org/repertory/art2/english/rep_supp7_vol1_art2_4.pdf
In Ukraine and around the world, satellites have become increasingly essential for military operations. Over 7,000 active satellites are currently in orbit, but how vulnerable are they to targeting and attack? This week host Elisa is joined by Dr. Brian Weeden of the Secure World Foundation to discuss the role satellites have played in Ukraine, in past conflicts, and how they've evolved to become a prime military vulnerability. How has Russia targeted satellites in order to gain ground in Ukraine? And how is the US strengthening satellite resilience for the future? Dr. Brian Weeden is the Director of Program Planning for the secure World Foundation: https://swfound.org/about-us/our-team/dr-brian-weeden/ References "Working Smarter with America's Space Faring Allies." Workshop Report. American Bar Association, March 2020: https://www.americanbar.org/content/dam/aba/administrative/law_national_security/march-2020-space-report.pdf Weeden, Brian, and Victoria Samson. Secure World Foundation, 2022, Global Counterspace Capabilities Report: https://swfound.org/counterspace To see the Standing Committee on Law and National Security's full list of space policy reports, visit our resources page: https://www.americanbar.org/groups/law_national_security/resources/
NATO, the world's strongest and most powerful military alliance, represents 50% of the worlds economic power and 50% of its military power. As we head into another year of war in Ukraine, several NATO allies have recently agreed to step up their military aid, raising tensions with the Kremlin. This week, host Elisa is joined by George Washington University Professor and NATO expert, Dr. Erwan Lagadec, to discuss NATO's early formation, how it's expanded over the years, and if even greater involvement in Ukraine could be in the alliance's future. Dr. Erwan Lagadec is Associate Research Professor at the George Washington University's Institute for European, Russian, and Eurasian Studies (IERES): https://drive.google.com/file/d/1rhoDlcmOM0ImHwmCxCmtLyQ1H6xliQYh/view?usp=share_link References: The North Atlantic Treaty, Article 5: https://www.nato.int/cps/en/natohq/official_texts_17120.htm