National Security Law CLE Conference: Emerging Critical Issues

February 17, 2022

The National Security Implications of Domestic Discord: How Our Adversaries Create, Enhance, and Use Our Internal Disagreements Against Us

• Suzanne Spaulding and Eric Goldstein, Countering Adversary Threats to Democratic Institutions (Washington, DC: Center for Strategic & International Studies, February 2018).
• Suzanne Spaulding, Devi Nair, and Arthur Nelson, Beyond the Ballot: How the Kremlin Works to Undermine the U.S. Justice System (Washington, DC: Center for Strategic & International Studies, May 2019).
• Suzanne Spaulding, Devi Nair, Alexandra Huber, and Jason Gresh, “Why the Kremlin Targets Veterans,” Center for Strategic & International Studies, November 8, 2019.
• Suzanne Spaulding, Devi Nair, and Arthur Nelson, “Why Putin Targets Minorities,” Center for Strategic & International Studies, December 21, 2018.
• Suzanne Spaulding and Devi Nair, “Restore Trust in National Security Institutions,” Center for Strategic & International Studies, January 22, 2021.
• “Civics as a National Security Imperative,” Center for Strategic & International Studies and the National Security Institute at George Mason Law School, March 25, 2021.
• Rachel Myrick, “Do External Threats Unite or Divide? Security Crises, Rivalries, and Polarization in American Foreign Policy,” International Organization 75 No. 4 (Fall 2021): 921-958.
• Committee on Homeland Security and Governmental Affairs and Committee on Rules and Administration, Examining the U.S. Capitol Attack: A Review of the Security, Planning, and Response Failures on January 6 (Washington, DC: United States Senate, 2021).
• Hedvig Ördén and James Pamment, What is So Foreign About Foreign Influence Operations? (Washington, DC: Carnegie Endowment for International Peace, 2021).
• Peter Berris, Michael Foster, and Jonathan Gaffney, Domestic Terrorism: Overview of Federal Criminal Law and Constitutional Issues (Washington, DC: Congressional Research Service, 2021).
• R. Sam Garrett, Public Confidence in Elections (Washington, DC: Congressional Research Service, 2020).
• ABA International Law Section Task Force on the Foreign Agents Registration Act, FARA: Issues and Recommendations for Reform (Washington, DC: American Bar Association, 2021).
• Special Counsel John H. Durham, "Government's Motion to Inquire Into Potential Conflicts of Interest," US v. Michael A. Sussmann, 21-cr-00582-CRC (DC 2022).
• Fletcher Schoen and Christopher J. Lamb, “Deception, Disinformation, and Strategic Communications: How One Interagency Group Made a Major Difference,” Strategic Perspectives 11 (2012). 

Lessons for the Next 20 Years: What We’ve Learned About Practicing National Security Law Since 9/11

• Mary B. DeRosa, “National Security Lawyering: The Best View of Law as a Regulative Ideal,” The Georgetown Journal of Legal Ethics 31 No. 277 (2018): 277-303.
• Mary B. DeRosa, “Congressional Oversight of US Intelligence Activities,” in National Security Intelligence and Ethics. Milton Park: Routledge, 2021.
• Mary B. McCord, “Lessons for Countering the Domestic Terrorism Threat 20 Years After 9/11,” Journal of National Security Law & Policy 12 No. 161 (2021): 161-167.
• Deborah Pearlstein, “Part IV - Domestic Terror and the Fight to Sustain Democracy: Counterterrorism 2.0,” Journal of National Security Law & Policy 12 No. 153 (2021): 153-160.
• Joel Brenner, “Reflections on the IG’s Role, Stellarwind, and the Information Sharing Fiasco,” Journal of National Security Law & Policy 12 No. 119 (2021): 119-126.

February 18, 2022

The End of Forever War? Now What?

• Laurie R. Blank, “The Use of Force to Prevent Recurrence of Conflict: Where Are the Limits of Self-Defense?”, Brooklyn Law Review 86 No. 1 (2020): 1-41.
• Laurie R. Blank and Daphné Richemond-Barak, “Ending Wars: The Law of War’s Latest Source of Stress,” Lieber Institute, West Point, November 12, 2020.
• Laurie R. Blank, “The Legitimate Aims of Self-Defense,” Lieber Institute, West Point, March 4, 2021.
• Department of Justice Office of Public Affairs, “The United States Has Repatriated 27 Americans from Syria and Iraq Including Ten Charged with Terrorism-Related Offenses for Their Support to ISIS,” Press release, October 1, 2020.
• Department of Justice National Security Division, “Former Assistant Attorney General John C. Demers: Speeches,” Department of Justice Archives, last modified June 28, 2021.
• Rita Siemion et al., “Toward a New Approach to National and Human Security: End Endless War,” Just Security, Reiss Center on Law and Security at NYU School of Law, September 11, 2020.
• Rita Siemion et al., “Toward a New Approach to National and Human Security: End Unlawful, Secret, and Unaccountable Use of Lethal Force,” Just Security, Reiss Center on Law and Security at NYU School of Law, September 11, 2020.
• Rita Siemion et al., “Toward a New Approach to National and Human Security: Close Guantanamo and End Indefinite Detention,” Just Security, Reiss Center on Law and Security at NYU School of Law, September 11, 2020.
• Written Testimony of Rita M. Siemion on Authorizing the Use of Military Force: S.J RES. 59, Before the United States Senate Committee on Foreign Relations, 115^th United States Congress (2018) (Rita Siemion, International Legal Counsel for Human Rights First).
• Tess Bridgeman, “Paradigm Shift: The Consequences of Choosing a War Path, and Leaving It,” Just Security, Reiss Center on Law and Security at NYU School of Law, September 11, 2021.
• Dan Stigall, “Battlefield Detention, Counterterrorism, and Future Conflicts,” Lieber Institute, West Point, March 24, 2021.

The Future of National Security Surveillance

• Dakota Rudesill, “The Land and Naval Forces Clause,” University of Cincinnati Law Review 86 No. 391 (2018): 391-482.
• Dakota Rudesill, “Coming to Terms with Secret Law,” Harvard National Security Journal 7 No. 241 (2015): 241-390.
• Emily Berman, “The Two Faces of the Foreign Intelligence Surveillance Court,” Indiana Law Journal 91 No. 1191 (2016): 1191-1250.
• Emily Berman, “Quasi-Constitutional Protections and Government Surveillance,” Brigham Young University Law Review 2016 No. 3 (2016): 771-836.
• Emily Berman, “Reimagining Surveillance Enforcement,” Forthcoming 2022
• Continued Oversight of U.S. Government Surveillance Authorities: Hearing Before the Senate Committee on the Judiciary, 113^th United States Congress (2013) (Carrie F. Cordero, Professor at Georgetown University Law Center) (CIS-No.: 2018-S521-2)
• Adam Klein, “What the Inspector General’s Latest FISA Report Can (and Can’t) Tell Us,” Lawfare, Brookings Institution, October 19, 2021.
• Adam Klein, “Surveillance and Privacy Scholars: Four Things the Government Needs From You,” Just Security, Reiss Center on Law and Security at NYU School of Law, October 13, 2021.
• Adam Klein, “What I Found in 19 FISA Applications,” Lawfare, Brookings Institution, June 18, 2021.

Critical Issues on the Horizon

• Gilman Louie, Chris Darby, and Jason Matheny, Mitigating Economic Impacts of the COVID-19 Pandemic and Preserving U.S. Strategic Competitiveness in Artificial Intelligence, (Washington, DC: National Security Commission on Artificial Intelligence, 2020).
• Office of the Director of National Intelligence, Annual Threat Assessment of the US Intelligence Community, (Washington, DC: ODNI, April 2021).
• Office of the Director of National Intelligence, Global Trends 2040: A More Contested World, (Washington, DC: National Intelligence Council, March 2021).
• Gilman Louie et al, Final Report of the NSCAI, (Washington, DC: National Security Commission on Artificial Intelligence, 2021)

February 24, 2022

National Security and Privacy in a Digitized World

• Thorsten Wetzling, Lauren Sarkesian, Charlotte Dietrich, Solving the Transatlantic Data Dilemma (Berlin: Stiftung Neue Verantwortung, 2021).
• Kristin Archick and Rachel Fefer, U.S.-EU Privacy Shield and Transatlantic Data Flows (Washington, DC: Congressional Research Service, 2021).
• Alex Joel and Francesca Oliveira, “Redress: What is the Problem?” European Law Blog, September 28, 2021.
• Sharon Bradford Franklin, Lauren Sarkesian, Ross Schulman, and Spandana Singh, Strengthening Surveillance Safeguards After Schrems II (Washington, DC: New America, 2021).
• Alex Joel, “Protect Privacy. That’s an Order,” Lawfare, Brookings Institution, April 6, 2021.
• Theodore Christakis and Kenneth Propp, “How Europe’s Intelligence Services Aim to Avoid the EU’s Highest Court—and What It Means for the United States,” Lawfare, Brookings Institution, March 8, 2021.
• Alex Joel and Corin Stone, “Getting the T’s and C’s Right: The Lessons of Intelligence Reform,” Just Security, Reiss Center on Law and Security at NYU School of Law, November 23, 2020.
• Alex Joel, “Seek and Speak the Truth,” Just Security, Reiss Center on Law and Security at NYU School of Law, April 16, 2020.
• Alex Joel, “Choosing Both: Making Technology Choices at the Intersections of Privacy and Security,” Texas Law Review 88 (2010): 1751.
• Stewart Baker, “Chapter 5: Europe Picks a Privacy Fight,” in Skating on Stilts: Why We Aren’t Stopping Tomorrow’s Terrorism (Stanford, California: Hoover Institution Press, 2010).
• Stewart Baker, “Chapter 6: To the Brink,” in Skating on Stilts: Why We Aren’t Stopping Tomorrow’s Terrorism (Stanford, California: Hoover Institution Press, 2010).
• Stewart Baker, “The 2014 Privies: Dubious Achievements in Privacy Law,” Skating on Stilts, 2014.
• Cybersecurity Unit of the Computer Crime & Intellectual Property Section, Legal Considerations when Gathering Online Cyber Threat Intelligence and Purchasing Data form Illicit Sources (Washington, DC: Department of Justice, February 2020).
• Office of the Director of National Intelligence, “Principles of Intelligence Transparency for the Intelligence Community,” 2015.
• Office of Civil Liberties, Privacy, and Transparency, Annual Statistical Transparency Report Regarding the Intelligence Community’s Use of National Security Surveillance Authorities (Washington, DC: Office of the Director of National Intelligence, April 2021).
• Office of the Director of National Intelligence, “Principles of Artificial Intelligence Ethics for the Intelligence Community,” 2020.
• Estelle Massé, Orsolya Reich, Eva Simon, One Year Under COVID-19 Contact Tracing Apps: What has Europe Learned (Access Now, October 2021).
• Estelle Massé, Fanny Hidvegi, “The Age of Security Populists,” Green European Journal, Green European Foundation, April 1, 2017.

Cybersecurity, National Security, and International Law

• Kristen E. Eichensehr, “Cyberattack Attribution as Empowerment and Constraint,” Hoover Aegis Paper Series No. 2101 (2021).
• Robert Chesney, “The Domestic Legal Framework for US Military Cyber Operations,” Hoover Aegis Paper Series No. 2003 (2020).
• Lauren Zabierek et al., “Toward a Collaborative Cyber Defense and Enhanced Threat Intelligence Structure,” Belfer Center, Harvard Kennedy School, August 2021.
• Sujit Raman, “The Rule of Law in the Age of Great Power Competition in Cyberspace,” (Transcript of speech at ABA Rule of Law Initiative Annual Issues Conference, Washington, DC, May 21, 2019), Department of Justice.
• Sujit Raman et al., “U.S. and Foreign Cybersecurity and Intelligence Agencies Recommend Measures to Counteract Threat of Russian Cyberattacks,” Data Matters, Sidley Austin LLP, January 28, 2022.
• Sujit Raman, “Our Role in Combating Global Cyber Threats,” Department of Justice Journal of Federal Law and Practice 67 No. 1 (February 2019): 3-21.
• Opening Statement of Associate Deputy Attorney General Suit Raman at the Senate Judiciary Subcommittee on Crime and Terrorism’s Hearing on Cyber Threats to Our Nation’s Critical Infrastructure, 115^th United States Congress (2018) (Sujit Raman, Associate Deputy Attorney General).
• Mieke Eoyang, “Beyond Privacy & Security: The Role of the Telecommunications Industry in Electronic Surveillance,” Hoover Aegis Paper Series No. 1603 (2016).
• Mieke Eoyang and Chimène Keitner, “Cybercrime vs. Cyberwar: Paradigms for Addressing Malicious Cyber Activity,” Journal of National Security Law & Policy 11 No. 327 (2021): 327-342.
• Mieke Eoyang, Allison Peters, Ishan Mehta, and Brandon Gaskew, To Catch a Hacker: Toward a Comprehensive Strategy to Identify, Pursue, and Punish Malicious Cyber Actors (Washington, DC: Third Way, 2018).
• Mieke Eoyang and Michael Garcia, Weakened Encryption: The Threat to America’s National Security (Washington, DC: Third Way, 2020).
• Attorney General’s Cyber Digital Task Force, Cryptocurrency: Enforcement Framework, (Washington, DC: U.S. Department of Justice, 2020).
• Cyberspace Solarium Commission, CSC Final Report, (Washington, DC: Cyberspace Solarium Commission, 2020).

4th Gen Social Media, Disinformation, and the Metaverse

• Amanda Shanor, “First Amendment Coverage,” New York University Law Review 93 (May 2018): 318-366.
• Doowan Lee, “Metadata Analysis Vital in Exposing Disinformation Sources, Routes – U.S. Expert,” Ukrinform, August 12, 2021.
• Doowan Lee, Sascha-Dominik Dov Bachmann, and Andrew Dowse, “COVID Information Warfare and the Future of Great Power Competition,” The Fletcher Forum of World Affairs 44 No. 2 A Return to Great Power Competition (Summer 2020): 11-18.
• Jason Gallo and Clare Cho, Social Media: Misinformation and Content Moderation Issues for Congress (Washington, DC: Congressional Research Service, 2021).
• Commission on Information Disorder, Final Report (Washington, DC: Aspen Institute, November 2021).
• Eric Ravenscraft, “What is the Metaverse, Exactly?” WIRED, Condé Nast Publications, November 25, 2021.
• Daphne Keller, “Six Constitutional Hurdles for Platform Speech Regulation,” Center for Internet and Society, Stanford Law School, January 22, 2021.
• Laura West, “Beyond Fighting Words: Reconceptualizing Information Warfare and Its Legal Barriers,” National Security Law Journal 8 No. 2 (2021): 162-273.
• Colette Langos and Paul Babie, “Social Media, Free Speech, and Religious Freedom,” Rutgers Journal of Law & Religion 20 No. 3 (2020): 239-291.

February 25, 2022

The Future of Artificial Intelligence Is Now: Has the Intelligence Community already missed the boat?

• Corin Stone, “Artificial Intelligence in the Intelligence Community: Oversight Must Not Be an Oversight,” Just Security, Reiss Center on Law and Security at NYU School of Law, November 30, 2021.
• Corin Stone, “Artificial Intelligence in the Intelligence Community: Know Risk, Know Reward,” Just Security, Reiss Center on Law and Security at NYU School of Law, October 19, 2021.
• Corin Stone, “Artificial Intelligence in the Intelligence Community: The Tangled Web of Budget and Acquisition,” Just Security, Reiss Center on Law and Security at NYU School of Law, September 28, 2021.
• Corin Stone, “Artificial Intelligence in the Intelligence Community: Culture is Critical,” Just Security, Reiss Center on Law and Security at NYU School of Law, August 17, 2021.
• Corin Stone, “Artificial Intelligence in the Intelligence Community: Money is Not Enough,” Just Security, Reiss Center on Law and National Security at NYU School of Law, July 12, 2021.
• Corin Stone, “The Integration of Artificial Intelligence in the Intelligence Community: Necessary Steps to Scale Efforts and Speed Progress,” Joint PIJIP/TLS Research Paper Series 73 (Fall 2021).
• John Shanahan and Cortney Weinbaum, “Intelligence in a Data-Driven Age,” Joint Force Quarterly 90 (July 2018): 4-9.
• Gilman Louie et al, Final Report of the NSCAI, (Washington, DC: National Security Commission on Artificial Intelligence, 2021)
• M-21-32 Multi-Agency Research and Development Priorities for the FY 2023 Budget
• "S.1260 - 117th Congress (2021-2022): United States Innovation and Competition Act of 2021." June 8, 2021.
• "H.R.6216 - 116th Congress (2019-2020): National Artificial Intelligence Initiative Act of 2020." March 12, 2020.
• "H.R.6395 - 116th Congress (2019-2020): William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021." January 1, 2021.

Artificial Intelligence, National Security Law and Ethics

• American Bar Association, “Preamble; Rule 1.1: Competence; Rule 1.3: Diligence; Rule 2.1: Advisor,” in ABA Model Rules of Professional Conduct (Washington, DC: American Bar Association, 2020).
• James Baker, “Introduction,” in The Centaur’s Dilemma: National Security Law for the Coming AI Revolution (Washington, DC: Brookings Institution Press, 2020).
• James E. Baker, “Completing the Template: Ethics, Codes, Guidelines, and Corporate Security Responsibility,” in The Centaur’s Dilemma: National Security Law for the Coming AI Revolution (Washington, DC: Brookings Institution Press, 2020).
• James E. Baker, Artificial Intelligence and National Security Law: A Dangerous Nonchalance (Cambridge, MA: Starr Forum at the MIT Center for International Studies, 2018).
• James E. Baker, Ethics and Artificial Intelligence: A Policymaker’s Introduction (Washington, DC: Center for Security and Emerging Technology, 2021).
• James E. Baker, “National Security Law & Emerging Technologies: Toward a Decisional Framework – Key Takeaways from the ABA-OSU Symposium and Jirga,” I/S: A Journal of Law and Policy for the Information Society 15 No. 1-2 (2019): 65-84.
• Office of the Director of National Intelligence, “Artificial Intelligence Ethics Framework for the Intelligence Community,” June 2020.
• Ashley Deeks, “Predicting Enemies,” Virginia Law Review 104 No. 8 (2018): 1529-1592.
• United States Department of Defense, “DOD Adopts Ethical Principles for Artificial Intelligence,” February 24, 2020.
• Jessica Fjeld and Adam Nagy, Principled Artificial Intelligence: Mapping Consensus in Ethical and Rights-Based Approaches to Principles for AI (Cambridge, MA: Berkman Klein Center at Harvard University, 2020).