John Rizzo is senior counsel at Steptoe & Johnson, LLP. Prior to joining the private sector he served in the Office of the General Counsel in the CIA for 34 years, including as Chief Legal Officer. His memoir is called Company Man: Thirty Years of Controversy and Crisis at the CIA

These episode reference:

• The Senate Select Committe on Intelligence report on CIA "Enhanced Interrogation Techniques" and the CIA and Human Rights First responses
• The destruction of EIT videotapes
• OLC authority to give advice to agency heads
• The "tortue memos" authorizing EIT 1; 2; 3; 4
• 18 USC 2340, the definition of “torture”
• Scooter Libby pardoned
• Redacted CIA cables on the existence and destruction of the tapes
• CIA acknowledged destruction of tapes in court filing
• Justice Department closed criminal investigation into Jose Rodriguez
• Redacted 2004 CIA Inspector General report on Detention and Interrogation
• John Rizzo's confirmation hearing (June, 2007)
• Gina Haspel's confirmation hearing (May, 2018). Listeners should note that the hearing references Mr. Rizzo's memoir and Ms. Haspel disputes some details of his account.

The panel features moderator Judge James E. Baker, Chair of the Standing Committee on Law and National Security, and panelists Brian Egan of Steptoe & Johnson, former State Department Legal Adviser(and Episode 2) and BG Rich Gross (USA, ret.) of Janus Global Operations and former legal counsel to the Chairman of the Joint Chiefs of Staff

This episode references:

• Op Ed by National Security Adviser John Bolton “The Legal Case for Striking North Korea First”
• Op Ed by Richard Cohen “Trump will exit the North Korea summit a failure”
• President Obama’s address on avoiding use of force in Syria, after chemical weapon attacks
• Jus in Bello and Jus ad Bellum
• Joint Chiefs of Staff hold off on enforcing ban on trans military members announced on Twitter
• Congressional Authorization for the Use of Military Force from 2001
• War Powers Resolution 50 U.S.C. 1541–1548
• UN Charter
• Nicaragua v. the United States of America (ICJ)

Kevin Pomfret is a partner at Williams Mullen. He is the founder and executive director of the Centre for Spatial Law and Policy, a member of the National Geospatial Advisory Committee and a fomer satellite image analyst.

This episode references:

• The Commercial Space Launch Act of 1984 and the 2004 amdendments
• Commercial Remote Sensing Regulatory Affairs Office
• The 2018 National Space Council meeting in Florida
• Land Remote Sensing Policy (Part of National Commercial Space Program Act or Title 51)
• Strava collecting geo location data on military bases
• GPS Selective Availability
• Union of Concerned Scientists estimate of satellites (there are multiple satellite estimates)
• UN Principles of Remote Sensing
• Licensing of Private Remote Sensing Systems 15 CFR 960
• United States v. Jones 132 S.Ct. 945 (2012)
• Robert Draper article on surveillance and migration

The panel features moderator Lala Qadir of Covington & Burling, and panelists Gregory Akers of Cisco Security and Trust Organization, Michael Page of OpenAI (and Episode 23), LtCol Alan Schuller of the Naval War College (and Episode 19), and David Vladeck of Georgetown University.

This episode references:

• AI Winning Texas Hold Em
• International Humanitarian Law
• Lethal Autonomous Weapon Systems (LAWS) at the UN Convention on Certain Conventional Weapons (CCW)
• The UN Group of Government Experts on Lethal Autonomous Weapons Systems (LAWS)
• The OODA loop
• Quantum Computing and its security risks
• Full Video of the AI panel 

Dina Temple-Raston is a counterterrorism correspondent at NPR, and the author of four books including A Death in Texas and The Jihad Next Door. Her new podcast on brain development What Were You Thinking is available on Apple Podcast and on Audible at audible.com/adolescentbrain.

This episode references:

• US DOJ charges against Abdullahi Yusuf
• Abdullahi Yusuf released from custody
• The International Criminal Tribunal for Rwanda sentenced journalists for their role in the genocide
• Countering Violent Extremism report from the ABA Rule of Law Initiative

Michael Page is the Policy and Ethics Advisor at OpenAI, where he focuses on the long term political and ethical implications of advanced AI systems. He was previously with Williams & Connelly LLP and the Public Citizen Litigation Group.

Stewart Baker is a partner at Steptoe & Johnson, the former chair of the ABA Standing Committee on Law and National Security, and the host of the Steptoe Cyberlaw cast.

This episode references:

• AI examples: Deep Blue and AlphaGo
• AI outpaces lawyers in reading contracts
• The problems with using AI to set parole
• Can AI be taught to explain itself?
• Whole of Government AI Policy proposal
• Steptoe Cyberlaw's post on this episode

The Standing Committee on Law and National Security is the oldest committee in the ABA. It has a sustained committment to educating the Bar and the public on national security and rule of law issues.

The ABA resources and events discussed in this episode are:

• The U.S Intelligence Community Law Sourcebook, 2017 Edition
• The Sourcebook of Public-Private Partnerships for Security and Resilience
• The ABA Cybersecurity Handbook, Second Edition
• Whistleblowers, Leaks, and the Media: The First Amendment and National Security
• National Security, Emerging Technologies and the Law: A Lawyer Jurga. Information and Speakers and Registration Page

Dr. Henry Hertzfeld is a Professor at the George Washington Univeristy's Elliott School of International Affairs in the Space Policy Institute and at the GWU Law school. He served as an economic and policy analyst as NASA and the National Science Foundation.

This episode references:

• UN Committee on Peaceful Uses of Outer Space (COPUOS)
• 1967 Outer Space Treaty
• Agreement on Rescue and Return of Astronauts
• Convention on Registration of Objects
• Convention on Liability
• Moon Agreement
• UN Office of Outer Space Affairs (UNOOSA)
• SPACE Act of 2015
• George Washington University Space Policy Institute
• Center for Space Policy and Strategy
• OECD Study Space 2030: Tackling Society’s Challenges
• Dr. Hertzfeld’s TED talk “Who Owns The Moon”
• SpaceX
• Journal of Space Law
• German Journal of Air and Space Law

Melissa Hathaway is the president of Hathaway Global Strategies and a cybersecurity senior advisor at the Harvard Kennedy School, working on MIT–Harvard Project on Technology, Security, and Conflict in the Cyber Age (Project Minerva). She led the Cyberspace Policy Review for President Barack Obama and the Comprehensive National Cybersecurity Initiative (CNCI) for President George W. Bush.

This episode references:

• Cybersecurity Executive Order
• Cyber Readiness Index 2.0
• Comprehensive National Cybersecurity Initiative (CNCI)
• Vulnerabilities Equities Process
• Wannacry Ransomware
• Conficker Worm
• Section Nine of Executive Order 13636
• PATCH Act of 2017
• Eternal Blue Exploit

Lieutenant Colonel Schuller (USMC) is Associate Director of the Stockton Center for the Study of International Law at the U.S. Naval War College, where his research is focused on autonomy in weapon systems. LtCol Schuller is a Fellow with the Georgetown Center on National Security and the Law. He served as an artillery officer before becoming a judge advocate. 

This episode references:

• International Humanitarian Law and the IHL principles
• AI winning Texas Hold 'Em
• Convention on Certain Conventional Weapons (CCW) and the 2017 CCW meeting
• International Committee on the Red Cross (ICRC)
• DOD Directive on Autonomy in Weapon Systems
• Federal Acquisition Regulations
• DOD Instruction on Joint Services Weapon and Laser System Safety Review Processes
• Additional Protocol 1
• Inimical Inceptions of Imminence: A New Approach to Anticipatory Self-Defense Under the Law of Armed Conflict
• At the Crossroads of Control: The Intersection of Artificial Intelligence in Autonomous Weapon Systems with International Humanitarian Law

Craig Silliman is Executive Vice President for Public Policy and General Counsel at Verizon. He has served in senior roles at Verizon for years, and previously worked at the law firm of Collier, Shannon, Rill & Scott and was taught telecommunications regulation at American University.

This episode references:

• Regulatory authorities OFAC and ITAR
• Verizon's Data Breach Investigations Report (DBIR)
• US DOJ charges announced in hack on Yahoo
• US critical infrastructure sectors
• US Senate considered banning auto dial phones (1932)
• Carpenter v. United States
• Verizon and other tech experts amicus brief in Carpenter
• 4th Amendment
• 3rd Party Doctrine: Smith v. Maryland and a Patriots debate discussion from the ABA 
• United States v. Jones 132 S.Ct. 945 (2012)

The panel features moderator Robert Litt of Morrison & Foerster and panelists Alexander Joel of the Office of Civil Liberties, Privacy and Transparency in ODNI, Laura Donohue of Georgetown Law, Elizabeth (Liza) Goitein of the Brennan Center for Justice, Susan Hennessey of Lawfare and Jamil Jaffer of GMU Antonin Scalia Law School.

This episode references:

• The Foreign Intelligence Surveillance Act and minimization procedures
• Upstream v. downstream communications
• 4th Amendment
• 50 USC 1802
• Privacy and Surveillance court cases: US v. Barona 56 F.3d 1087 (9th Cir. 1995); US v. Lachapelle 869 F.2d 488 (9th Cir. 1989); US v. Bin Laden 126 F. Supp. 2d 264 (S.D.N.Y. 2000); United States v. United States Dist. Ct., 407 U.S. 297 (1972); Youngstown Sheet & Tube Co. v. Sawyer, 343 U.S. 579 (1952) Justice Jackson Concurring Opinion; United States v. Verdugo-Urquidez, 494 U.S. 259 (1990)
• Section 215 of the USA PATRIOT Act
• FISC Memorandum Opinion by Judge Bates
• 9/11 Commission Report
• Full Video of the FISA Panel

Ken Wainstein is a partner at Davis Polk. He served at the president's Homeland Security Advisor, as Assistant Attorney General for National Security in the U.S. Department of Justice, and as General Counsel of the Federal Bureau of Investigation.

This episode references:

• The Sarbanes Oxley Act of 2002
• Arthur Andersen LLP vs. United States 544 US 696 (2005)
• Federal evaluations of corporate compliance programs: from the Department of Justice and the Securities and Exchange Commissions
• The Church Committee
• The Foreign Intelligence Surveillance Act of 1978
• The National Security Act of 1947
• Congressional Testimony of then- DNI Jim Clapper and then - CIA director John Brennan to Congress on the U.S. Intelligence Community’s investigation into Russian election influence
• New York State Counterterrorism Advisory Panel
• Listen to other episodes on the other national security topics referenced in this episode: Export Controls, CFIUS, Sanctions and further sanctions, and Security Clearances

Lindsay Rodman is the Council on Foreign Relations International Affairs Fellow at the University of Ottawa Centre for International Policy Studies. She was an associate at Arnold & Porter before joining the US Marine Corps, where she served as Director for Defense Policy and Strategy at the National Security Council. She is currently a major in the Marine Corps Reserves

This episode references:

• The Antarctic Treaty of 1959
• The UN Convention on the Law of the Sea
• The Arctic Council
• Russian military buildups in the arctic region
• A map of the world's icebreaker ships
• NASA data on arctic ice melt from the most recent measurements and after last summer
• Drilling in the Arctic National Wildlife Refuge approved in the 2017 Tax Cuts and Jobs Act
• The regulations and hazards of cleaning oil spills in the Arctic
• The new ABA Public-Private Partnerships Sourcebook
• The ABA Careers in National Security Law Book
• Contact Lindsay Rodman through the University of Ottawa
• For more about national security law in the Arctic, watch a full panel discuss the topic at the ABA's 27th Annual review of the Field of National Security Law Conference

David Fagan is a partner at Covington & Burling and co-chair of the firm's cross border investment and national security practice. He previously served as a CIA analyst before joining Covington and becoming a Chambers rated lawyer and the American Lawyer Dealmaker of the Year for 2016.

This episode references:

• Committee on Foreign Investment in the United States (CFIUS)
• Foreign Ownership, Control or Influence (FOCI)
• Executive Order 11858 establishing CFIUS
• Foreign Investment and National Security Act of 2007 (FINSA) and the current law at 50 USC 4565
• Dubai World Ports Controversy
• Youngstown Sheet & Tube Co. v. Sawyer, 343 U.S. 579 (1952)
• Ralls Corp. v. Committee on Foreign Investment in the United States, et al., No. 13-5315 (D.C. Cir. July 15, 2014)
• Obama order compelling the divestiture of the Ralls Windfarm
• The proposed new CFIUS bill: Foreign Investment Risk Review Modernization Act of 2017 (S.2098)
• This episode does not discuss the new law in depth, for more, read the Covington CFIUS Reform alert

Jill Rhodes is Vice President & CISO at Option Care, a multibillion-dollar healthcare company. She previously served as a Foreign Service Officer as US AID and worked in the Office of the Director of National Intelligence in roles including the deputy chief of staff for the ODNI and the assistant deputy director of national intelligence for education and training.

This episode references:

• The ABA Cybersecurity Handbook, 2nd Edition
• HIPAA (Health Insurance Portability and Accountability Act of 1996) Security Regulations
• Presidential Policy Directive 21, including the critical infrastructure sectors
• Anthem data breach and foreign perpetrators
• WannaCry ransomware affecting hospitals in the UK
• Yahoo data breach causes General Counsel to resign
• Volkswagen executive charged and sentenced for his role in covering up emissions testing
• ABA ethics opinion 477R
• Appleby law firm hack leads to the release of the Paradise Papers
• Department of Homeland Security Report on Information Sharing and their list of information sharing organizations
• Legal ISAO
• The Auto ISAC subpoenaed in Flynn v. FCA
• Data breach at Mossack Fonseca exposes Panama Papers
• Law firm DLA Piper breached by NoPetya ransomware with photographic evidence

Alexandra (Xander) Meise is a partner at Mitchell, Silberberg & Knupp where she works in international disputes on treaties, access to natural resources and conflicts whether commercial or governmental. She also teaches International Human Rights Law at the Georgetown University Law Center.

This episode references:

• International Tribunals at Nuremburg and Tokyo, the Criminal Tribunal for Rwanda and the former Yugoslavia, the Extraordinary Chambers in the Courts of Cambodia and the Ad-Hoc Court for East Timor
• The Rome Statute for International Criminal Courts
• Voluntary Principles on Security and Human Rights
• NAFTA Dispute Settlements
• Jesner v. Arab Bank
• Kiobel v. Royal Dutch Petroleum
• Alien Tort Statute 28 USC Section 1350
• SEC Rules on Conflict Minerals which are no longer enforced
• EU Rules on Conflict Minerals

Steven Pelak is a parter at Holland & Hart, and he served as an Assistant U.S. Attorney in Washington D.C. for 18 years and in the Justice Department on economic sanction and export control enforcement.

This episode references:

• Foreign Sovereign Immunities Act and the Terrorism Exception
• Anti Terrorism Acts, International Conventions and US law against hostage taking, torture protections, and conventions against hijacking
• Terrorism Risk Insurance Act
• Actions against Foreign States and the Provision of Material Support
• 1952 Tate Letter
• Justice for US victims of State Sponsored Terrorism Act
• Justice Against Sponsors of Terrorism Act
• Alien Tort Statute
• Mandatory Victims Restitution Act
• In re Terrorist Attacks on September 11, 2001, 714 F.3d 109 (2d Cir. 2013)
• The Schooner Exchange v. Mcfaddon, 11 U.S. 116 (1812). 
  
• US v. Klein, 80 U.S. 128 (1871). 
• Letelier v. Republic of Chile, 488 F.Supp. 665. (D.D.C. 1980). 
• First National City bank v. Banco Para El Comercio Exterior de Cuba, 462 U.S. 611 (1983). 
• Smith v. Libya, 101 F.3d 239 (2d Cir. 1996).  and Rein v. Libya 162 F.3d 748 (2nd Cir. 1998).
• Princz v. Germany, 813 F.Supp. 22 (D.D.C. 1992). 
• Hill v. Republic of Iraq, 328 F.3d 680, (D.C. Cir. 2003).
• Mohamad v. Palestinian Authority, 566 US __ (2012).
• Alejandre v. Cuba, 42 F. Supp. 2d 1317 (S.D. Fla. 1999). 
• WAMAI et al v. REPUBLIC OF SUDAN et al, No. 1:2008cv01349 - Document 55 (D.D.C. 2011)
• Iran cases: Persinger, Roeder, Ewlahi, Weinstein, Campussano, Cicippio-Pueleo, and the ongoing case Fritz vs. Iran
• United States v. ZTE, No. 17-CR-120 (N.D. Tex. 2017) – “Satisfaction of Judgment”
• BNP Paribas fined for sanctions violations
• Report by the Special Master Kenneth Feinberg to U.S. Congress in January 2017 and August 2017

Adam Hickey is the Deputy Assistant Attorney General (DAAG) for National Asset Protection in the National Security Division U.S. Department of Justice where he combats national security threats from cybercrime and economic espionage. David Laufman is the chief of the Counterintelligence and Export Control Section as NSD where he investigates and prosecutes economic espionage, cybercrime, export control and sanctions violations.

This episode references:

• Foreign Spies: Stealing U.S. Economic Secrets in Cyberspace (2011 ONCIX report)
• Economic Espionage Act, 18 U.S.C. §1831-1832
• Executive Order 13694 (April 1, 2015)
• U.S. Department of Commerce, Bureau of Industry and Security, Entity List
• Update to the IP Commission Report, February 2017
• The Trade act of 1974 and Section 301
• U.S.-China Cyberspace norms developed in 2015
• United States v. Wang Don, Sun Kailiang, Wen Xinyu, Huang Zhenyu, Gu Chunhui, Indictment
• USDOJ Press Releases about charges and sentencing perpetrators of trade theft: February 2012 for DuPont white pigment, July 2016 for military information, October 2016 for Monsanto corn seeds, February 2017 for rice seeds, and May 2017 for undisclosed software.
• Export Administration Regulations (EAR)
• ZTE Settlement for Sanctions Violations
• Forbes article estimating US cybercrime losses at $2 Trillion

Christopher Timura is of counsel at Gibson, Dunn & Crutcher where he works in national security, trade and foreign policy as well as corporate social responsibility.

This episode references:

• International Emergency Economic Powers (IEEPA)
• Export Administration Act
• Arms Export Control Act
• UN Nuclear Nonproliferation Treaty
• UN Biological Weapons Convention
• The Wassenaar Arrangement and its list of controlled items.
• US Patent and Trademark Office Export Controls
• Nuclear Regulatory Commission Export Controls
• ITAR International Traffic and Arms Regulation (ITAR) inlcuding 126.1
• Export Administration Regulations (EAR)
• Kidane v. Ethiopia
• European Union Dual Use Regulations
• Export Control Classifications (21 for ITAR and 10 for EAR)
• Defense Distributed v. United States Department of State
• Obama Era Export Control Reform Initiative

Joel Brenner is a Senior Fellow at MIT. He served as head of U.S. Counterintelligence under the Director of National Intelligence and as Inspector General of the National Security Agency.

This episode references:

• Keeping America Safe: Toward More Secure Networks for Critical Sectors

Mark Zaid is the managing partner of The Law Offices of Mark Zaid. He is also the founder of the James Madison Project and one of the founders of Whistleblower Aid.

This episode references:

• The Public Interest Declassification Board
• The Freedom of Information Act and FOIA.gov
• Department of the Navy v. Egan 484 U.S. 518 (1988) 
• Mark Zaid's Whistleblower Op Ed in the Washington Post
• Espionage Act of 1917
• Executive Order 13526 (Classification) 
• Vaughn Index definition 
• Executive Order 12968 (Security Clearance)
• The SF-86 Security Clearance Form
• Foreign Sovereign Immunities Act 
• The PanAm 103/Lockerbie bombing in the news
• Victim’s families vs. Libyan government
• 28 USC 1605A (Terrorism Exception to FSIA)
• JFK Assassination Records 

Adam Smith is a partner at Gibson, Dunn & Crutcher. He served Senior Advisor to the Director of the U.S. Treasury Department's Office of Foreign Assets Control (OFAC) and served on the National Security Council.

This episode references:

• 50 USC Trading With the Enemy Act of 1917 (TWEA)
• 50 USC Chapter 35 International Emergency Economic Powers (IEEPA)
• North Korea: the National Emergency, US Sanctions, UN Resolution 2375
• Venezuela: the National Emergency, US Sanctions
• BNP Paribas Fines
• ZTE Fines
• Countering America’s Adversaries Through Sanctions Act of 2017 (Incl. Section 216 the Russia Sanctions Review Act of 2017
• Ukraine Freedom Support Act 
• Global Magnitsky Act, and the Federal Register
• Myanmar Sanctions Program
• Iran: JCPOA full text, US Sanctions, Iran Nuclear Agreement Review Act of 2015
• President Trump will not recertify the JCPOA

Amy Jeffress is a partner at Arnold & Porter. She served as the Justice Department Attache to the U.S. Embassy in London and held senior positions in the U.S. Justice Department.

This episode references:

• 22 USC 611 Subchapter 11 (FARA)
• FARA.gov, including FARA FAQs, Registration Forms and the Searchable Database 
• Senate Judiciary Committee Hearings on FARA from July 26th & July 27th
• United States v. Irish Northern Aid Committee
• The Justice Department’s report on Billy Carter
• U.S. v Tongsun Park 
• U.S. v Siljander (DOJ news release) 
• U.S. v Fai (DOJ news release) 
• U.S. v Ben Israel
• The Lobbying Disclosure Act
• Proposed new FARA legislation in the Senate (S.625)

Brian Egan is a partner at Steptoe & Johnson. He served as the Legal Adviser to the State Department and held posts in the White House, the National Security Council and the Treasury Department

This episode references:

• 50 USC Trading With the Enemy Act of 1917 (TWEA)
• 50 USC Chapter 35 International Emergency Economic Powers (IEEPA)
• Countering America’s Adversaries Through Sanctions Act of 2017 (Incl. Section 216 the Russia Sanctions Review Act of 2017)
• North Korea Sanctions package & UN Resolution 2371
• Iran Sanctions Package, New Iranian Sanctions & the Joint Comprehensive Plan of Action (JCPOA)
• Venezuela Sanctions Package & Treasury FAQ
• The US PATRIOT ACT & the FinCEN Rulemaking List from Section 311
• UN Counterterrorism Sanctions
• OFAC License FAQ & Application

Raj De is a partner at Mayer Brown. He served as the General Counsel of the National Security Agency and counsel to the 9/11 Commission, and has held senior appointments in the White House, the Department of Justice (DOJ) and the Department of Defense (DOD).

This episode references:

• Executive Order 13636 -- Improving Critical Infrastructure Cybersecurity including "Section 9" critical infrastructure organizations
• The European Union General Data Protection Regulation
• The Foreign Intelligence Surveillance Act (FISA) amended 2008
• Committee on Foreign Investment in the United States (CFIUS)
• 9/11 Commission
• Cybersecurity Information Sharing Act