National Security Law Today

Should lawmakers move quickly to regulate AI, or continue giving innovation room to run? This week, Elisa is joined by Jamil Jaffer, Founder and Executive Director of the National Security Institute at the Antonin Scalia Law School at George Mason University, to examine the evolving debate over AI regulation in the United States. Together, they discuss where targeted safeguards may be necessary, the national security risks posed by Chinese AI models, and whether Congress can realistically keep pace with rapid technological change. They also consider how the U.S. can address AI’s risks while preserving innovation and maintaining it...

As artificial intelligence reshapes the economy, what happens when fewer workers are earning wages and contributing to the tax base? This week, Elisa is joined by Lee Lockwood, an economics professor at the University of Virginia, to examine the possibility of a modern “Engels’ Pause,” a prolonged period in which technological progress increases productivity and wealth without improving conditions for workers. Together, they explore how widespread automation could affect employment, inequality, government revenue, capital investment, and national security—and what history can teach us about navigating a post-labor economy.

Lee Lockwood is a professor of economics at the Univ...

In this news roundup, Elisa examines how emerging technologies, economic competition, and shifting methods of warfare are reshaping the national security landscape. She covers the Pentagon’s investment in low-cost drones, Ukraine’s continued use of unmanned systems against Russia, China’s dominance of critical minerals and AI development, the growing use of cryptocurrency to evade sanctions, and renewed debates over tariffs, energy policy, and economic security. Elisa also previews an upcoming series exploring how AI and other disruptive technologies could affect the U.S. economy—and what legal and policy tools may be available to address those risks without...

In Part 2 of their conversation, Elisa and Fordham Law Professor Doni Bloomfield examine whether the modern export-control system is equipped to govern emerging technologies like AI, quantum computing, and advanced semiconductors. Together, they explore trade-secret theft, intellectual property rights, restrictions on scientific research, and the challenge of protecting national security without stifling innovation.

Doni Bloomfield is an Associate Professor of Law at Fordham Law School whose work focuses on intellectual property, biosecurity, national security law, and health law.

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Export controls have long determined which American technologies can cross borders—and which must remain secret. In Part 1 of this two-part series, Elisa is joined by Professor Doni Bloomfield to trace the evolution of U.S. export controls from World War I through the Cold War, examining how wartime censorship, patent secrecy, atomic technology, semiconductors, and cryptography shaped the modern regulatory system. Together, they explore the government’s expanding role in restricting sensitive information, the tension between national security and scientific openness, and the historical foundations of today’s debates over emerging technology.

Doni Bloomfield is an Associ...

AI, quantum computing, and cyber capabilities are redefining what national security threats look like. This week, Elisa is joined by Rob Joyce, former Director of the NSA’s Cybersecurity Directorate, for a conversation on how emerging technologies are altering both the threat landscape and the national security response. Drawing on Joyce’s 34-year career at the National Security Agency, the episode explores AI-enabled cyber risks, the defense of critical infrastructure, government-industry collaboration, quantum readiness, and the workforce needed to navigate the next phase of national security.

Rob Joyce is the founder of Joyce Cyber LLC and a form...

The Department of Justice’s National Security Division marks 20 years at the center of the federal government’s national security mission. This week, we're featuring a recent live discussion hosted by the ABA Standing Committee on Law and National Security, “DOJ National Security Division 20th Year Anniversary: A Discussion with Former Assistant Attorneys General for National Security.” Moderated by Kelli Andrews, former NSD Chief of Staff, the panel brings together former Assistant Attorneys General Matthew G. Olsen, John Demers, John P. Carlin, and Kenneth L. Wainstein to reflect on NSD’s work addressing nation-state threats, foreign investment risks, espionage, cyber atta...

The new Iran memorandum is raising old questions about war powers, diplomacy, and congressional oversight. This week, Elisa is joined by Brian Egan, current partner at Skadden and former State Department Legal Adviser and Deputy White House Counsel, to examine the Trump administration’s 14-point memorandum of understanding with Iran and how it compares to the JCPOA. Together, they break down what legal force an MOU may carry, what it could mean for sanctions, inspections, frozen funds, and regional security, and why the Algiers Accords still matter when assessing major international agreements.

Brian J. Egan is a pa...

FISA 702 is back at the center of the national security debate. This week, Elisa is joined by Glenn Gerstell, senior advisor at the Center for Strategic and International Studies and former General Counsel of the National Security Agency, to break down what FISA Section 702 does, what happened when it lapsed, and what could be at stake if Congress fails to act. Later, Elisa walks through several developments shaping the national security landscape, including proposals for government stakes in AI companies, weapons production among U.S. allies, critical minerals deals, and the spread of online-fueled violence.

Glenn Gerstell...

A new AI executive order is raising big questions about innovation, security, and government oversight. This week, Elisa speaks with Josh Geltzer, Partner at WilmerHale and former Deputy White House Counsel and Legal Advisor to the National Security Council, about the Trump administration’s new framework for securing frontier AI models before they reach the public. Together, they explore what voluntary early access could mean for leading AI companies, how the federal government may respond to national security risks, and whether this kind of public-private process could eventually evolve into a stronger legal framework.

Josh Geltzer is a...

Project Maven stands as one of the earliest and most consequential efforts to bring AI into military operations. This week, Elisa sits down with Lt. Gen. Jack Shanahan, former Director of the Department of Defense’s Joint Artificial Intelligence Center and founding Director of Project Maven, to explore how AI entered the battlefield and why it became a strategic priority for the U.S. military. Together, they examine the development of Project Maven, the challenges of using massive troves of defense data, the risks of data manipulation, and how the U.S. can think responsibly about AI, autonomy, and mi...

This week, we revisit Elisa’s conversation with Margaret Hu, Professor of Law at William & Mary, and Davi Ottenheimer, Vice President of Trust and Digital Ethics at Inrupt, to examine the vulnerabilities embedded in our digital footprints. Together, they discuss microtargeting, the exploitation of personal data, and how a stronger federal data privacy framework could better protect individuals, institutions, and public trust.

Margaret Hu is the Taylor Reveley Research Professor and Professor of Law, and Director of the Digital Democracy Lab, at William & Mary Law School

Davi Ottenheimer is Vice President of Trust and Digital Et...

AI and the modern information ecosystem are making reality harder to verify, and easier to weaponize. This week, Elisa Poteat is joined by Gary Corn, Program Director and Adjunct Professor of Technology, Law and Security at American University Washington College of Law, to discuss his recent article, “Cognitive Warfare: Generative AI, False Realities, and International Humanitarian Law.” Together, they explore how cognitive warfare has been used throughout history, how deepfakes and synthetic media could accelerate its effects, and what international humanitarian law can, and cannot, do to address the risks AI poses to civilians, truth, and modern conflict.

Pr...

As AI becomes more deeply embedded in government and national security systems, one question grows harder to ignore: can these tools actually be secured? This week, Elisa is joined by Disesdi Shoshana Cox, CEO and Head of Research at Bermuda Hundred Strategies, to examine the cybersecurity risks behind AI integration. Together, they discuss whether AI models can be corrected after harmful inputs, how threat modeling can help secure national security use cases, and why prompt injections pose a serious risk as AI systems become more widely deployed across government.

Shoshana Cox is the CEO and Head of...

AI is unlocking new speed and power in biological research, creating opportunities for medical breakthroughs while raising new questions about oversight. This week, Elisa sits down with Doni Bloomfield, Associate Professor of Law at Fordham University, to discuss his recent report, Biological Data Governance in an Age of AI, and the growing risks of training AI models on sensitive viral and genetic information. Together, they explore how AI-powered virus research could shape future treatments, while examining the biosecurity risks of open scientific access and what thoughtful oversight might require.

Doni Bloomfield is an Associate Professor of Law...

As artificial intelligence accelerates, questions about its origins—and underlying assumptions—are becoming harder to ignore. This week, Elisa sits down with filmmaker Valerie Veatch to explore her latest documentary, Ghost in the Machine, which traces the intellectual roots of AI back to the eugenics movement. Together, they examine how these early ideologies may still echo in today’s AI systems, what it means for a workforce increasingly shaped by automation, and how unchecked technological progress can lead to unintended consequences.

Valerie Veatch is a writer, director, and producer of documentary films, including Me @ the Zoo, Love Child...

When cyberattacks target hospitals, infrastructure, and everyday systems, the line between battlefield and civilian life begins to blur. This week, Elisa is joined by Ricoh Danielson, a cybersecurity expert, U.S. Army veteran, and CEO of 1st Responder Cyber, to unpack Iran’s expanding cyber operations and what they reveal about modern warfare. Drawing on recent attacks and long-standing tactics, they examine how Iran uses cyber tools to project power, exploit both human and technical vulnerabilities, and disrupt essential services.

Ricoh Danielson is a U.S. Army combat veteran, digital forensics expert, cybersecurity leader, and CEO of 1st...

What happens when weapons that cost a few thousand dollars can rival—and even outmaneuver—systems worth millions? This week, Elisa is joined by Dawn Zoldi, a retired Air Force Colonel, attorney, and founder of P3 Tech Consulting, to break down the rapid rise of drone warfare and its growing impact on global conflict. Drawing on examples from Ukraine, Iran, and across the Middle East, they explore how inexpensive drones are transforming military strategy, how AI is reshaping their capabilities, and what it means for those operating far from the battlefield. From swarm technology to legal accountability, the conversation also...

A fragile ceasefire between the United States and Iran has paused active hostilities—but major questions remain about what comes next. This week, we feature a recent live panel discussion, “Assessing the War with Iran: Military Policy and Legal Perspectives,” co-hosted by the ABA Standing Committee on Law and National Security and Syracuse University’s Institute for Security Policy and Law. Moderated by Judge James Baker and featuring retired Vice Admiral Robert Murrett and Elisa Ewers, the panel examines the strategic, legal, and economic dimensions of the conflict. Recorded just prior to the ceasefire, the conversation explores U.S. military...

As the conflict with Iran evolves, cyber capabilities are proving just as consequential as traditional military force. This week, Elisa sits down with Matt Suiche, founder of OnDB and a former hacker, to examine how cyber operations shape intelligence gathering, targeting, and real-time decision-making in modern conflict. Together, they explore the vulnerabilities of AI systems, the physical risks to critical infrastructure like data centers and undersea cables, and what these emerging threats reveal about the limits of technology in high-stakes warfare.

Matt Suiche is a cybersecurity researcher and founder of OnDB Inc., a data infrastructure startup for...

As tensions in the Strait of Hormuz disrupt global markets, they reflect a broader set of unconventional strategies Iran has deployed for decades. This week, Elisa sits down with Alamdar Hamdani, former U.S. Attorney for the Southern District of Texas and current partner at Bracewell, to examine how Iran leverages asymmetric tactics—from cyber operations and proxy forces to sanctions evasion and maritime disruption. Together, they explore how these strategies intersect with U.S. national security law, energy markets, and the evolving role of lawyers navigating global instability.

Alamdar Hamdani is a partner at Bracewell LLP an...

As tensions with Iran persist, the issue of wrongful detention remains a critical but often overlooked national security concern. This week, Elisa sits down with Kieran Ramsey, former Director of the FBI’s Hostage Recovery Fusion Cell and current Chief Investigative Officer at Global Reach, to examine how countries like Iran use arbitrary detention—and how these cases are tracked and challenged on the global stage. The episode also includes audio from our recent luncheon with journalist Jason Rezaian, who recounts his 544 days of detention in Tehran’s Evin Prison and reflects on how his experience intersects with law, diplom...

Four years into Russia’s invasion of Ukraine, the war has become a slow-moving conflict defined by massive losses and limited gains on the battlefield. This week, Elisa sits down with Seth Jones, President of the Defense and Security Department and Harold Brown Chair at the Center for Strategic and International Studies, to discuss findings from his latest report, Russia’s Grinding War: Massive Losses and Tiny Gains for a Declining Power. Together they examine Russia’s staggering casualty numbers, the slow pace of its advance, and what these trends reveal about Russia’s long-term economic and geopolitical trajectory.

Set...

A standoff between the Pentagon and one of the world’s leading AI companies is raising new questions about the limits of government authority. This week, Elisa sits down with Alan Rozenshtein, Associate Professor of Law at the University of Minnesota and Research Director at Lawfare, to unpack the dispute between the Department of War and Anthropic over the use of advanced AI tools. Together, they explore whether existing law can compel technology companies to cooperate with national security demands and what the Defense Production Act might mean in the age of artificial intelligence.

Alan Rozenshteinis an As...

As tensions rise and the United States surges military assets into the Middle East, a critical question emerges: what happens to a nuclear program if a government collapses? This week, Elisa sits down with David Albright, founder of the Institute for Science and International Security, to assess the risks surrounding Iran’s nuclear capabilities and the consequences of regime instability. Drawing on historical precedent and insights from his recent op-ed, they examine what sites must be secured, why advance planning is essential, and whether the U.S. and its allies are prepared to prevent sensitive nuclear material from falling in...

This week, we revisit a foundational conversation on the Insurrection Act, originally recorded in June 2020 with William Banks and Harvey Rishikof. Together, they trace the Act’s history, unpack the scope of presidential authority it confers, explain how it may be invoked, and examine the constitutional principles that should guide its use.

William Banks is former Chair of the Standing Committee on Law and National Security

Harvey Rishikof is Senior Counselor of the ABA Standing Committee on Law and National Security

EVENT: Register for our in-person luncheon on March 5 in Washington, D.C., fe...

In this News Roundup, Elisa unpacks the latest AI-driven developments making headlines—from Chinese financing across U.S. energy and data infrastructure to emerging battlefield AI systems and early research raising concerns about AI-generated pathogens. She also examines evolving strategies for powering data centers, the strategic implications of a potential SpaceX–xAI alignment, and how Anthropic’s latest model signals a new phase in the global AI race.

EVENT: Register for our in-person luncheon on March 5 in Washington, D.C., featuring journalist Jason Rezaian and attorney David Bowker on hostage diplomacy and the wrongful detention of Americans overse...

America’s relationship with Venezuela has long been shaped by power, politics, and law, often in uneasy combinations. This week, Elisa Poteat is joined by Brian Egan, partner at Skadden and former State Department Legal Adviser, to examine the legal foundations of U.S. engagement with Venezuela, from maritime interdictions and sanctions to questions of war powers and executive authority. Drawing on history, international law, and recent developments, they explore how past interventions continue to shape today’s national security decisions and what lawyers should be watching for next.

Brian Egan is a Partner in National Security, CFIU...

As AI becomes central to national security, alignment itself may introduce new risks. This week, Elisa Poteat is joined by Dr. Michael Vaiana, Research Director at AE Studio, to examine how AI alignment, model testing, and system integration shape both defensive and offensive security capabilities. Together, they explore red teaming, data poisoning, under-researched risks, and what policymakers need to understand about how AI systems behave when deployed at scale.

Dr. Michael Vaianais a Research Director at AE Studio

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The Dwarkesh Podcast: Ilya Sutskever – We're moving from the age of scaling to...

In Part 2 of their discussion, Elisa Poteat and Josh Geltzer look beyond the NDAA to explore how executive authority, outbound investment restrictions, and state-level efforts are shaping the evolving framework for AI regulation and national security.

Joshua Geltzer is a Partner at WilmerHale, focusing on artificial intelligence, CFIUS, crisis management, cybersecurity and national security-related litigation.

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The latest National Defense Authorization Act marks a concrete step in how the Department of Defense is beginning to define, assess, and manage the use of artificial intelligence across its operations. This week, Elisa Poteat is joined by Josh Geltzer, partner at WilmerHale and former Deputy Assistant to the President, to break down what the NDAA outlines when it comes to AI governance. Together, they walk through new assessment frameworks and workforce initiatives: what Congress included, what it left out, and what that reveals about how AI is taking shape inside the national security apparatus.

Joshua Geltzer...

The year ahead points to a new era of technology-driven defense. This week, we share a keynote address from the 35th Annual Review of the Field of National Security Law CLE Conference titled “Arms, AI, and the Future of Defense.” Christian Brose, President and Chief Strategy Officer of Anduril Industries, examines how AI, autonomous systems, and commercial innovation are reshaping the defense ecosystem—and what it will take to sustain military advantage. Following opening remarks by Erik Swabb, moderator Mackenzie Eaglen joins Christian Brose for a wide-ranging discussion on acquisition reform, re-industrialization, the role of private capital, and the evolvi...

A handful of tech billionaires now wield outsized influence over the U.S. economy—and increasingly, over national security itself. This week, Elisa sits down with Justin Sherman, founder and CEO of Global Cyber Strategies and author of Navigating Technology and National Security, to unpack how advanced AI systems, high-powered chips, and global investment flows collide with U.S. security law. Using a provocative hypothetical, they explore the role of export controls, CFIUS, outbound investment screening, and bulk data regulations—and what happens when companies push right up against the boundaries of oversight.

Justin Sherman is the foun...

Artificial intelligence is reshaping the security landscape faster than policy can keep pace. This week, we bring you a special episode recorded live at the 35th Annual Review of the Field of National Security Law Conference: “The AI Arms Race and National Security Law.” Moderated by Margaret Hu, Professor of Law and Director of Digital Democracy Law at William & Mary Law School, the panel examines how AI is transforming military strategy, cyber operations, and global power competition. Featuring four leading experts in emerging technology, the discussion explores the legal and ethical guardrails needed for autonomous systems, the private sector’s grow...

What happens when an innovation boom starts to look like a financial bubble? This week, Elisa sits down with Sarah Myers West of the AI Now Institute to examine the mounting evidence that America’s most influential AI firms may be overvalued, overleveraged, and quietly expecting government rescue if profits don’t materialize. Together, they trace the circular flow of investment between chipmakers, cloud providers, and AI developers, explore why growth projections outpace real-world demand, and unpack how national security narratives are being used to justify unchecked expansion.

Sarah Meyers West is Co-Executive Director of the AI Now...

Polarization isn’t just a political outcome—it’s an industry. This week, Elisa welcomes Aakaash Rao and Shakked Noy, economists from MIT and Harvard and co-authors of The Business of the Culture War, to explore how shifts in the media business model—from the collapse of local newspapers to the rise of cable news—created powerful incentives to divide audiences. Together, they unpack how networks learned to mobilize viewers through cultural identity issues, what survey data reveals about a dramatic realignment in voter priorities, and why these trends pose urgent questions for policymakers and the future of American democracy...

Washington’s influence economy is bigger—and murkier—than most Americans realize. This week, Elisa sits down with investigative reporter Kenneth P. Vogel to unpack the sprawling web of foreign lobbying revealed in his new book, Devil’s Advocate, tracing how powerful insiders—from Rudy Giuliani to Hunter Biden—became entangled with corrupt foreign interests and why these relationships blur partisan lines. Drawing on history behind the Foreign Agents Registration Act and modern examples of access-brokers operating in plain sight, Vogel exposes the incentives, vulnerabilities, and national-security risks that allow foreign money and influence to move through Washington, often away from pu...

AI is learning from us—but what happens when the data it’s fed carries our deepest biases? This week, Elisa Poteat sits down with Roy Austin, inaugural director of Howard Law School’s Artificial Intelligence Initiative and former Deputy Assistant to the President for Urban Affairs, Justice and Opportunity in the Obama White House, to discuss how law and ethics can keep pace with accelerating innovation. Together, they examine AI’s influence on justice, bias, and national security, the responsibility of major tech companies, and what it will take to prepare the next generation of lawyers for an AI-drive...

As artificial intelligence accelerates, questions about power, privacy, and accountability are more urgent than ever. This week, we revisit our conversation with bestselling author and award-winning AI reporter Karen Hao, whose book Empire of AI reveals how ambition and competition transformed OpenAI from a mission-driven nonprofit into one of the world’s most powerful—and controversial—tech companies.

This re-air comes ahead of the 35th Annual Review of the Field of National Security Law CLE Conference, taking place November 13–14 at the Omni Shoreham Hotel in Washington, DC. With the theme “Technology, National Security, and the Law: Keeping Pace with...

This week, Elisa breaks down the latest headlines in national security law as the government shutdown stretches into its fourth week. From Russia’s attacks on eastern Ukraine to the growing energy needs of artificial intelligence, she connects how today’s developments are shaping policy and security. Elisa also covers the recent U.S. military plane crashes in the South China Sea, the evolving conversation around tariffs, and how economic challenges are shaping the outlook for younger Americans. She wraps up with a preview of the 35th Annual Review of the Field of National Security Law CLE Conference—where top ex...