33rd Annual Review of the Field of National Security Law Conference: CLE Material

Friday, November 17, 2023

The Future of Section 702

• Privacy and Civil Liberties Oversight Board, Report on Section 702 (September 28, 2023)
• President’s Intelligence Advisory Board (PIAB) and Intelligence Oversight Board (IOB), Review of FISA Section 702 and Recommendations for Reauthorization (July 2023)
• Memorandum Opinion and Order [REDACTED], (Contreras, J.), pp. 7-8; 22-49, U.S Foreign Intelligence Surveillance Court
• Laura K. Donohue, The Common Law and First Amendment Qualified Right of Public Access to Foreign Intelligence Law, 112 Geo. L. J. (2023)
• Laura K. Donohue, Surveillance, State Secrets, and the Future of Constitutional Rights, Sup. Ct. Rev. (2023)
• Alex Joel, Necessity, Proportionality, and Executive Order 14086, May 2023
• Anunay Kulshrestha and Jonathan Mayer, Estimating Incidental Collection in Foreign Intelligence Surveillance: Large-Scale Multiparty Private Set Intersection with Union and Sum, 31st USENIX Security Symposium (2022)
• Report on Matters Related to Intelligence Activities and Investigations Arising Out of the 2016 Presidential Campaigns, May 12, 2023 (Durham Report), pp. 7-19; 98-126; 299-306
• FISA and the Future of Section 702, Panel 1: Section 702 Current Operation and Challenges; Panel 2: Section 702: Proposed Reforms; Co-sponsored by the ABA Standing Committee on Law and National Security and Georgetown Law Center on National Security, (Apr. 26, 2023)
• 24th Semiannual Assessment of Compliance With Procedures and Guidelines Issued Pursuant to Section 702 of the Foreign Intelligence Surveillance Act, Submitted by the Attorney General and the Director of National Intelligence (Dec. 2021) (reporting period: Dec. 1, 2019-May 31, 2020)
• Sharon Bradford Franklin, et al., Report – Legal Loopholes and Data for Dollars: How Law Enforcement and Intelligence Agencies Are Buying Your Data from Brokers, Center for Democracy & Technology, December 9, 2021
• Sharon Bradford Franklin, Congress Should Seize This Chance to Finally End Warrantless Searches of Americans’ Communications, Center for Democracy & Technology, July 30, 2021
• Sharon Bradford Franklin, Rethinking Surveillance on the 20th Anniversary of the Patriot Act, Just Security, October 26, 2021
• Jim Baker, Reflections on Renewing and Reforming FISA Section 702, Lawfare, September 27, 2023. 
• Jim Baker, Rethinking Encryption, Lawfare (October 22, 2019)
• Julian Sanchez, Fixing FISA after the Carter Page Report, Just Security (January 2020)
• Julian Sanchez, TikTok, Schrems II, and Cross‐​Border Data Flows, CATO Institute (July 2021)
• Julian Sanchez, Report Discloses Unlawful “Backdoor Searches” of FISA Database, CATO Institute (May 2020)
• Julian Sanchez, All About “About” Collection, Just Security (April 2017)

Arctic Security, Climate Change, and the Law of the Sea

• Mark P. Nevitt et al.,Polar Opposites: Assessing the State of Environmental Law in the World’s Polar Regions, Boston College Law Review (May 2018)
• Mark P. Nevitt, Climate Change, Arctic Security, & Why the U.S. Should Join the U.N. Convention on Law of the Sea, University of Pennsylvania, Center for Ethics and Rule of Law (September 18, 2020)
• Thad W. Allen, Arctic Imperatives: Reinforcing U.S Strategy on America's Fourth Coast, Council on Foreign Relations (March 2017)
• Testimony of Rear Admiral Nathan A. Moore, Assistant Commandant for Engineering and Logistics, on Coast Guard Shore Infrastructure, House Coast Guard & Maritime Transportation Subcommittee (September 25, 2019)
• Online Press Briefing with U.S. Coast Guard Rear Admiral Nathan Moore, Deputy Atlantic Area Commander and U.S. Coast Guard Captain Michele Schallip, Commanding Officer, Coast Guard Cutter Healy,” Department of State (October 6, 2023)
• Sherri Goodman, Changing Climates For Arctic Security, the Wilson Quarterly (2017)
• The Coast Guard’s Looming Challenges, Professor Cary Coglianese, Penn Law

Generative Ethics:The Model Rules and the Practice of National Security Law in the Age of AI

• James E.  Baker, Laurie Hobart et al,. AI for Judges: A Framework, Center for Security and Emerging Technology (December 2021)
• James E. Baker, Laurie Hobart et al,. An Introduction to Artificial Intelligence for Federal Judges, Federal Judicial Center (February 13, 2023)
• James E. Baker, Ethics and Artificial Intelligence: A Policymaker’s Guide, Center for Security and Emerging Technology (April 2021)
• Blueprint for an AI Bill of Rights, The White House ( October 2022)
• James E. Baker, A DPA for the 21st Century, Center for Security and Emerging Technology (April 2021)
• James E. Baker, Laurie Hobart, Lala Qadir, National Security Law and the Coming AI Revolution: Observations from a Symposium, Syracuse University Institute for Security Policy and Law, Georgetown Center for Security and Emerging Technology (October 29, 2020)
• James E. Baker, Artificial intelligence and national security law: A dangerous nonchalance, Massachusetts Institute of Technology (May 25, 2018)
• Lala Qadir and Lee Tiedrich, 10 Steps To Creating Trustworthy AI Applications, Law360 (April 2020)

• Model Rules of Professional Conduct: ©1983 by the American Bar Association. Reprinted with permission. All rights reserved. This information or any portion thereof may not be copied or disseminated in any form or by any means or stored in an electronic database or retrieval system without the express written consent of the American Bar Association.
  • Preamble
  • 1.1 Competence
  • 1.3 Diligence
  • 1.13 Organization as Client
  • 2.1 Advisor
  • 3.3 Candor Toward the Tribunal

The National Security Implications of Artificial Intelligence

• Ashley Deeks, National Security AI and the Hurdles to International Regulation, Lawfare (2023)
• Ashley Deeks, Regulating National Security AI Like Covert Action?, Lawfare (2023)
• Margaret Hu, Biometric Cyberintelligence and the Posse Comitatus Act, William & Mary School Scholarship Repository (2027)
• Margaret Hu, Biometric Data and Midnight Regulations | The Regulatory Review (theregreview.org), The Regulatory Review (2021)
• DOD News: AI Security Center to Open at National Security Agency (September 28, 2023)
• Fact Sheet: Biden-Harris Administration Secures Voluntary Commitments from Leading Artificial Intelligence Companies to Manage the Risks Posed by AI | The White House (July 2023)

U.S.-China Technology Competition:  National Security Innovation, Regulation, IP Theft, and Industrial Policy

• Jamil N. Jaffer, Addressing the National Security Threat of Chinese Technological Innovation, NSI
• Andy Keiser, NSI Policy Brief: Restricting U.S Outbound Investment to Targeted Chinese Sectors, NSI (May 2023)
• Little Giants, Single Champions: China’s Blueprint for Asymmetric Industrial Advantage, Force Distance Times (March 2023)
• Made in China 2025” Industrial Policies: Issues for Congress, Congressional Research Service (March 10, 2023)
• CFIUS Reform Under FIRRMA, Congressional Research Service (February 21, 2020)
• Chinese Talent Plans Encourage Trade Secret Theft, Economic Espionage, FBI
• Jamil Jaffer, We Need to Protect American Innovation in the Competition with China, Newsweek (Oct. 11, 2021)
• Sameera Fazili, Making Sure There Is a Future, Urban Institute (May 2017) 
• Sameera Fazili, A Role for the Feds? The Opportunities and Challenges in a Federal Government Role in Measuring and Defining Social Impact in the Impact Investing Field, Community Development Innovation Review, Federal Reserve Bank of San Francisco. 2010. 
• Andy Keiser, The Race to 5G: Securing the Win, National Security Institute, March 2020
• Andy Keiser, Chinese Telecommunications Companies Huawei and ZTE: Countering a Hostile Foreign Threat,National Security Institute (January 24, 2019