Recordings | 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

The U.S. has long been a stronghold of democracy and liberal values; however, recent events including January 6th, 2021, insurrection, the Charlottesville Riots of 2020, and the massive conspiracy theories gripping many across the nation, have led some to worry that the very freedoms we cherish are being utilized by bad actors, at home and abroad, to engender more problematic events and narratives, as well as to deepen existing disagreements within our nation. Specifically, we’ve seen the extensive use of social media by malign actors, particularly adversary nation-states to create and deepen divisive narratives through both overt and covert messaging (and sometimes more). Many believe that this combination of domestic discord and foreign influence is not only toxic to our domestic political ecosystem but that it also may have a significant impact on our nation’s security. This panel will explore the implications that such domestic discord and foreign manipulation have on our national security and what, if anything, we might do about it in both the short- and long-term, including effectively tackling domestic threats with a foreign nexus while protecting Americans rights and civil liberties and promoting broader and deeper uptake of civic education across American society.

February 17, 2022

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

The last twenty years of American counterterror and national security efforts have had profound impacts on our nation and the world. The Journal of National Security Law & Policy’s special edition covering the 20th anniversary of 9/11 captures hundreds of lessons learned - positive and negative – from leaders who collectively represent over 700 years of military, law enforcement, homeland security, intelligence, treasury, oversight, legislative, technology, defense, civil liberties and other experience. This panel, comprised of three of the Journal’s 22 contributing authors, will address many of those lessons most applicable to national security law practitioners. Topics to be discussed include an analysis of counterterrorism laws and policies adopted in the wake of 9/11 and how the legal response to terrorism can promote and sustain democracy; the investigation and prosecution of international and domestic terrorism and how to improve the use of these tools in countering terrorism; and role and authority of the Inspector General in overseeing intelligence operations, including how the Inspector General can be most effective at promoting compliance with the laws and rules governing intelligence collection.

February 18, 2022

The End of Forever War? Now What?

The United States withdrawal from Afghanistan, along with the reduced footprint in Iraq and Syria, has sparked questions about whether this is the end of the so-called “forever war” and what that means for a range of legal issues in counterterrorism and armed conflict. This panel will explore several issues for which the change in posture presents an inflection point: the use of law enforcement tools for countering terrorism; detention and disposition of enemy personnel, including foreign fighters; over the horizon operations; domestic war powers; and the interplay between the law of armed conflict and law enforcement paradigms.

February 18, 2022

The Future of National Security Surveillance

Where can we expect law and policy regarding national security surveillance to go in the coming years? Where should it go? An expert panel will help us understand these questions, set against growing domestic national security threats from militias, white supremacists who network with racists abroad, and other American political extremists; damaging revelations about sloppy work by some actors in the FISA process; controversies about surveillance that have left several FISA authorities lapsed; and questions about upcoming renewal of Sec. 702 of the FISA Amendments Act.

February 18, 2022

Critical Issues on the Horizon

A conversation with Harvey Rishikof and Gilman Louie on critical issues on the horizon, including a discussion on artificial intelligence and how it is expanding the window of vulnerability the United States has already entered.

February 24, 2022

National Security and Privacy in a Digitized World

What makes the world go round? It is increasingly obvious that today the answer is "data" – specifically, data about individuals that companies collect, transmit, and store. Understandably, governments seek access to that data to protect national security and public safety, but such access raises serious privacy concerns, both at home and abroad. On the home front, for example, Congress is considering legislation to restrict government use of data brokers; as described by a bill sponsor, such legislation would "ensure that the government can't use its credit card to end-run the Fourth Amendment." In the international sphere, the Court of Justice of the European Union (CJEU) has found that the U.S. national security legal framework does not adequately protect people's privacy when the government seeks to access data held by the private sector, putting transatlantic data flows at risk. This panel will discuss these and other aspects of national security and privacy in a digitized world.

February 24, 2022

Cybersecurity, National Security and International Law

Significant cybersecurity incidents in the last year have made more urgent difficult questions about the lines between national security and law enforcement, the relative roles of government and the private sector, and strategies to improve the U.S. cybersecurity posture. How should the United States address the threat of ransomware? What, if any, new legislation and regulations are needed to better secure critical infrastructure? How successful have U.S. efforts to shape international rules of the road for cyberspace been to date, and what are the next steps? This panel will address these and other issues in light of domestic and international law, as well as policy considerations.

February 24, 2022

4th Gen Social Media, Disinformation, and the Metaverse

Never before have so many individuals had such a tremendous opportunity to access information, to engage with others, and to express their views on a global scale. Simultaneously, 24/7 online access means that actors can more easily manipulate networks, foment hatred, reach audiences poised to engage in violence, and spread false information. Platforms seemingly protected by the First Amendment, moreover, can be used to undermine and destabilize democratic systems and to radicalize and recruit adherents to violent causes. The risks to national security could be profound.

The panel will consider questions such as: Does the government have the right to remove content from these sites? Can it require the same of private actors? What should the role of the platforms themselves be in light of the enormous political, social, and economic implications of restricting—or failing to restrict—online speech and association? What options are there for dealing with false, misleading, or manipulative information? What are the risks posed by the different courses of action? How should we think about traditional areas of the law, such as antitrust, when agreement among social media providers results in effective de-platforming of certain individuals and views? The panel will consider both legislation currently before Congress designed to address some of these concerns. And it will push forward into the Metaverse to address further challenges on the horizon.

February 25, 2022

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

Artificial Intelligence (AI) is at the top of everyone’s minds these days, not only because of the incredible opportunities it will bring to our nation, but also because adversarial nations are challenging the US in unprecedented ways, bringing their power, people and purse strings to bear to win the AI race. The National Security Commission on AI has clearly stated that the US national security community must both take advantage of – and prepare to defend against – advanced artificial intelligence capabilities to ensure the US continues to lead on the global stage. And the Administration and Congress agree, as set forth in the Administrations FY23 R&D priorities and the US Innovation and Competition Act of 2021. So why is the Intelligence Community (IC) taking so long to scale and speed the integration of AI into all aspects of its work? This panel will explore the progress made by the IC thus far, legal and policy hurdles to integrating AI capabilities into the IC, the IC’s AI ethics framework, and lessons learned from the Department of Defense in an effort to propose practical solutions and clear steps lawyers and policymakers can take to ensure the IC does not miss the AI boat.

February 25, 2022

Artificial Intelligence, National Security Law and Ethics

The National Security Commission on Artificial Intelligence has said, "the development of AI will shape the future of power." The leading academic study of AI and national security concluded in 2017 that "AI has the potential to be as transformative a national security technology, on par with nuclear weapons, aircraft, computers, and biotechnology." Not to be outdone by the United States, China's State Security Council in July of 2017 committed to spending $150 billion in some manner in the next decade to become the world's leader in AI by 2020. AI is coming and coming hard. We know this now. It will transform national security practice. In areas like logistics, health management, and intelligence it already has. AI will present distinct opportunities and potential legal risks. The meaningful application of law and ethics will help determine whether we maximize the opportunities and minimize and mitigate the risks. Law and ethics will bind like-minded alliances in the AI field, and it will help to build and sustain public trust and support for appropriate AI applications. The converse is also likely. If, for example, the public does not trust the government's use of AI because of certain facial recognition applications, it may not trust the government with using AI to facilitate contact tracing amidst a pandemic. This session will consider the ethical use of AI in national security decision-making including: (1) The use of predictive algorithms; (2) Potential AI decision-making redlines and permits; and (3) What is it national security lawyers should know and should ask about AI before it is used to inform and execute national security decisions? The presentation will focus on Rules 1.1.(Competence); 1.3 (Diligence); and 2.1 (Advisor); and on the Preamble to the Model Rules.