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National Security Law Today

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National Security Law Today brings legal experts discussing the hot topics and current issues in the world of national security law right to your phone. Get information and advice for lawyers, law students or interested parties who want to dig deeper into the law that protects the country.
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Episodes

Supply Chain Security is National Security LIVE

This episode references: Full audio for “Supply Chain Security is National Security” https://players.brightcove.net/1866680404001/S14I6jSOz_default/index.html?playlistId=6010694955001 Deliver Uncompromised: A Strategy for Supply Chain Security and Resilience in Response to the Changing Character of War https://www.mitre.org/sites/default/files/publications/pr-18-2417-deliver-uncompromised-MITRE-study-26AUG2019.pdf Joyce Corell is the Assistant Director of the Supply Chain and Cyber Directorate a...

May 23, 201932 min

Ten Years of Intelligence Community Law with Andrew Borene and Harvey Rishikof

This episode references: The 2019 U.S. Intelligence Community Law Sourcebook https://www.americanbar.org/products/inv/book/364823968/ “The American Way” Book Reception on May 22 https://nationalsecurity.gmu.edu/ic10/ Andrew Borene is the Senior Director of the Federal National Security Group at Symantec https://intelligencecommunitynews.com/andrew-borene-joins-symantecs-federal-national-security-group/ Harvey Rishikof is the Chair of the ABA Standing Committee on Law and National Security Adviso...

May 16, 201918 min

What have we learned from the Mueller Report? Part II

The black letter law and articles referenced in this episode: Report on the Investigation Into Russian Interference In The 2016 Presidential Election https://www.justice.gov/storage/report.pdf “Equitable Tolling and the Prosecution of a President” on Lawfare https://www.lawfareblog.com/equitable-tolling-and-prosecution-president Julian Assange Indictment https://www.justice.gov/opa/press-release/file/1153486/download Greg Craig criminal referral for FARA violations https://www.justice.gov/opa/pr...

May 09, 201922 min

What have we learned from the Mueller Report? Part I

The black letter law and articles referenced in this episode: Report on the Investigation Into Russian Interference In The 2016 Presidential Election https://www.justice.gov/storage/report.pdf Order 3915-2017: Appointment of Special Counsel to Investigate Russian Interference with the 2016 Presidential Election and Related Matters https://www.justice.gov/opa/press-release/file/967231/download 28 U.S. Code § 509 https://www.law.cornell.edu/uscode/text/28/509 28 U.S. Code § 510 https://www.law.cor...

May 02, 201935 min

Social Media: 2020 LIVE at the Annual Conference

The black letter law and articles on this topic are: Panel IX – Social Media: 2020 at the 28th Annual Review of the Field of National Security Law Conference https://bcove.video/2DJ50Vj LikeWar by Peter Singer https://www.amazon.com/LikeWar-Weaponization-P-W-Singer/dp/1328695743 Government Access to and Manipulation of Social Media: Legal and Policy Challenges by Rachel Levinson-Waldman https://www.brennancenter.org/sites/default/files/publications/images/RLW_HowardLJ_Article.pdf

Apr 25, 201935 min

Domestic Terror in DC: The Hanafi Siege Part II with Mark Tuohey and Pat Collins

The black letter law and articles discussed in this episode: Coverage of the trials In the Washington post: https://www.washingtonpost.com/archive/politics/1977/09/07/12-hanafis-given-stiff-sentences/703ca3b3-ccb8-4a78-844c-49b7ecc52fcf/?utm_term=.ef0ba7902ad5 In the New York Times: https://www.nytimes.com/1977/03/12/archives/12-moslems-facing-kidnapping-charges-after-end-of-siege-leader.html In the matter of world trade center bombing litigation 93 N.Y.2d 1, 709 N.E.2d 452, 686 N.Y.S.2d 743 (19...

Apr 18, 201933 min

Domestic Terror in DC: The Hanafi Siege Part I with Mark Tuohey and Pat Collins

The black letter law and articles discussed in this episode: Hanafi Murder trial Appeal from three of the perpetrators in Christian v. United States 394 A.2d 1 (1978) https://law.justia.com/cases/district-of-columbia/court-of-appeals/1978/8809-8811-3.html Max Robinson was the news anchor for WTOP in Washington DC at the time of the siege https://www.washingtonpost.com/archive/lifestyle/1978/06/01/max-robinson-signs-off/f4177139-8756-4429-a4ca-3f4e051b6d0f/ Trial of Hamaas Abdul Khaalis and co-co...

Apr 11, 201939 min

What Goes Into Publishing a Classified Report? with Jamil Jaffer

The black letter law and articles discussed in this episode are: Attorney General William Barr’s Summary of the Muller Report to Congress https://judiciary.house.gov/sites/democrats.judiciary.house.gov/files/documents/AG%20March%2024%202019%20Letter%20to%20House%20and%20Senate%20Judiciary%20Committees.pdf Federal Rules of Criminal Procedure Rule 6e https://www.law.cornell.edu/rules/frcrmp/rule_6 Carter Page FISA Application https://www.lawfareblog.com/document-justice-department-releases-carter-...

Apr 04, 201919 min

Strengthening American Democracy Through Service LIVE with Avril Haines

The Interim Report of the National Commission on Military, National and Public Service https://www.inspire2serve.gov/reports/interim Avril Haines is a member of the National Commission on Military, National and Public Service, a Senior Research Scholar at Columbia Univeristy World Projects, and the former Deputy National Security Adviser. Paul Lekas is the General Counsel and Chief Legal Officer for the Commission.

Mar 28, 201922 min

Fighting Foreign Influence through FARA Part II with Bradley Hart and Katie Kedian

The black letter law and articles in this episode are: The Foreign Agents Registration Act (FARA) https://www.govinfo.gov/content/pkg/USCODE-2009-title22/pdf/USCODE-2009-title22-chap11-subchapII.pdf Hitler’s American Friends: The Third Reich’s Supporters in the United States https://www.publishersweekly.com/978-1-250-14895-7 China Global Television Network (CGTN) registered as a foreign agent https://www.thedailybeast.com/under-pressure-from-us-authorities-state-owned-chinese-tv-network-register...

Mar 21, 201927 min

Fighting Foreign Influence through FARA Part I with Bradley Hart and Katie Kedian

The black letter law and articles in this episode are: The Foreign Agents Registration Act (FARA) https://www.govinfo.gov/content/pkg/USCODE-2009-title22/pdf/USCODE-2009-title22-chap11-subchapII.pdf Hitler’s American Friends: The Third Reich’s Supporters in the United States https://www.publishersweekly.com/978-1-250-14895-7 The Sedition Act of 1918 http://www.legisworks.org/congress/65/publaw-150.pdf Abrams v. United States 250 US 616 (1919) https://www.oyez.org/cases/1900-1940/250us616 Alien R...

Mar 14, 201925 min

Future Intelligence Strategy LIVE with Corin Stone

This episode references: The 2019 National Intelligence Strategy https://www.dni.gov/files/ODNI/documents/National_Intelligence_Strategy_2019.pdf Corin Stone is Deputy Director of National Intelligence for Strategy & Engagement https://www.dni.gov/index.php/who-we-are/leadership/deputy-dni-strategy-engagement

Mar 07, 201921 min

Foreign Threats to Democracy LIVE at the Annual Conference with Suzanne Spaulding

The articles and references discussed in this episode are: The 28th Annual Review of the Field of National Security Law Conference https://www.americanbar.org/groups/public_services/law_national_security/events_cle/past_event_info_materials/28arc/ Defending Democratic Institutions project at CSIS https://www.csis.org/programs/international-security-program/defending-democratic-institutions “U.S. Cyber Command operation disrupted Internet access of Russian troll factory on day of 2018 midterms” i...

Feb 28, 201930 min

Conversation with Michael Chertoff LIVE at the Annual Conference

Michael Chertoff is the Executive Chairman of the Chertoff Group https://www.chertoffgroup.com/team/michael-chertoff His recent book is Exploding Data: Reclaiming our Cyber Security in the Digital Age https://www.amazon.com/Exploding-Data-Reclaiming-Security-Digital/dp/0802127932 For more on the 28th Annual Review of the Field of National Security Law Conference https://www.americanbar.org/groups/public_services/law_national_security/events_cle/past_event_info_materials/28arc/

Feb 21, 201931 min

Surveillance and the Fourth Amendment with Bob Litt

The black letter law and articles discussed in this episode are: Olmstead v. United States 277 US 438 (1928) https://www.oyez.org/cases/1900-1940/277us438 Katz v. United States 389 U.S. 347 (1967) https://www.oyez.org/cases/1967/35 US v. US District Court (Keith case) 407 US 297 (1972) https://www.oyez.org/cases/1971/70-153 Foreign Intelligence Surveillance Act of 1978 (FISA) text https://legcounsel.house.gov/Comps/Foreign%20Intelligence%20Surveillance%20Act%20Of%201978.pdf Carpenter v. United S...

Feb 14, 201934 min

Bringing Suit Against Syria with Mark Zaid

The black letter law and articles in this episode are: Judgement in Colvin v. Syrian Arab Republic https://ecf.dcd.uscourts.gov/cgi-bin/show_public_doc?2016cv1423-59 “U.S. Court Orders Syria To Pay $300 Million For Killing Of Journalist Marie Colvin” on NPR, featuring a picture of Colvin and her distinctive eyepatch https://www.npr.org/2019/01/31/690325322/u-s-court-orders-syria-to-pay-300-million-for-killing-of-journalist-marie-colvin Letelier v. Republic of Chile, 488 F. Supp. 655 (D.D.C 1980)...

Feb 07, 201941 min

Social Media and National Security Part II with Peter Singer and Rachel Levinson-Waldman

The black letter law and articles on this topic are: Panel IX – Social Media: 2020 at the 28th Annual Review of the Field of National Security Law Conference https://bcove.video/2DJ50Vj LikeWar by Peter Singer https://www.amazon.com/LikeWar-Weaponization-P-W-Singer/dp/1328695743 Trump-Russia Investigations: A Guide by Rachel Levinson-Waldman https://www.brennancenter.org/sites/default/files/publications/Trump-Russia%20Investigations_0.pdf Pew Research Study “Activism in the Social Media Age” htt...

Jan 31, 201926 min

Declaring a National Emergency with Jamil Jaffer and Paul Rosenzweig

The black letter law and articles discussed in this episode are: National Emergencies Act of 1976 https://www.govinfo.gov/content/pkg/STATUTE-90/pdf/STATUTE-90-Pg1255.pdf Clinton v. City of New York 524 US 417 (1998) https://www.oyez.org/cases/1997/97-1374 INS v. Chadha 462 US 919 (1983) https://www.oyez.org/cases/1981/80-1832 Communications Act of 1934 as amended. Section 706 is found on page 323 https://transition.fcc.gov/Reports/1934new.pdf List of 58 declared national emergencies https://www...

Jan 24, 201930 min

Social Media and National Security Part I with Peter Singer and Rachel Levinson-Waldman

The black letter law and articles on this topic are: Panel IX – Social Media: 2020 at the 28th Annual Review of the Field of National Security Law Conference https://bcove.video/2DJ50Vj LikeWar by Peter Singer https://www.amazon.com/LikeWar-Weaponization-P-W-Singer/dp/1328695743 Trump-Russia Investigations: A Guide by Rachel Levinson-Waldman https://www.brennancenter.org/sites/default/files/publications/Trump-Russia%20Investigations_0.pdf The Islamophobic Administration by Rachel Levinson-Waldma...

Jan 17, 201928 min

The rule of law and technical innovations with Luke Dembosky

The black letter law and articles discussed in this episode: Game Over Zeus botnet https://www.fbi.gov/news/stories/gameover-zeus-botnet-disrupted Sony Pictures hack https://www.washingtonpost.com/news/the-switch/wp/2014/12/18/the-sony-pictures-hack-explained/ Target hack https://www.zdnet.com/article/anatomy-of-the-target-data-breach-missed-opportunities-and-lessons-learned/ OPM hack https://www.lawfareblog.com/why-opm-hack-far-worse-you-imagine Marriott hack https://www.cbsnews.com/news/marrio...

Jan 10, 201945 min

Third Party Consent in the Digital Age with Jamil Jaffer

The black letter law and articles on this topic are: Carpenter v U.S. (2018) https://www.oyez.org/cases/2017/16-402 Carpenter Case Transcript https://www.supremecourt.gov/oral_arguments/argument_transcripts/2017/16-402_6khn.pdf Rubin v Islamic Republic of Iran (2018) https://www.oyez.org/cases/2017/16-534 18 USC 2703 (d) https://www.law.cornell.edu/uscode/text/18/2703 U.S. v Jones (2012) https://www.oyez.org/cases/2011/10-1259 Smith v. Maryland (1979) https://www.oyez.org/cases/1978/78-5374 U.S....

Dec 20, 201849 min

Privacy and National Security in 2018 LIVE with Glenn Gerstell

Glenn Gerstell is the General Counsel of the National Security Agency https://www.nsa.gov/news-features/press-room/Article/1629033/nsa-announces-glenn-s-gerstell-as-new-general-counsel/ For more on the 28th Annual Review of the Field of National Security Law Conference https://www.americanbar.org/groups/public_services/law_national_security/events_cle/past_event_info_materials/28arc/

Dec 13, 201827 min

Dawn of the Code War LIVE with John Carlin

John Carlin is a partner at Morrison & Foerster https://www.mofo.com/people/john-carlin.html His new book is titled "Dawn of the Code War: America's Battle Against Russia, China, and the Rising Global Cyber Threat" https://www.amazon.com/Dawn-Code-War-Americas-Against-ebook/dp/B079M8813N

Dec 06, 201825 min

Supplying and supporting US troops with Diana Banks

The black letter law and articles discussed in this episode: DoD Instruction 5000 on the acquisitions process https://www.esd.whs.mil/Portals/54/Documents/DD/issuances/dodi/500002_dodi_2015.pdf President’s Annual Defense Budget for FY 2019 https://comptroller.defense.gov/Portals/45/Documents/defbudget/fy2019/FY2019_Budget_Request_Overview_Book.pdf Air Force One’s $24 million refrigerator https://www.washingtonpost.com/news/checkpoint/wp/2018/06/05/air-force-cancels-24-million-contract-to-replace...

Nov 29, 201835 min

Foreign influence campaigns from Nazis to FARA Part 2 with Bradley Hart

The black letter law and articles discussed in this episode are: Hitler’s American Friends: The Third Reich’s Supporters in the United States https://www.publishersweekly.com/978-1-250-14895-7 Bradley Hart's article in The Conversation "It started with Nazis: Concerns over foreign agents not just a Trump-era phenomenon" https://theconversation.com/it-started-with-nazis-concerns-over-foreign-agents-not-just-a-trump-era-phenomenon-109025 The Foreign Agents Registration Act https://www.gpo.gov/fdsy...

Nov 15, 201823 min

Foreign influence campaigns from Nazis to FARA Part 1 with Bradley Hart

The black letter law and articles discussed in this episode are: Hitler’s American Friends: The Third Reich’s Supporters in the United States https://www.publishersweekly.com/978-1-250-14895-7 Bradley Hart's article in The Conversation "It started with Nazis: Concerns over foreign agents not just a Trump-era phenomenon" https://theconversation.com/it-started-with-nazis-concerns-over-foreign-agents-not-just-a-trump-era-phenomenon-109025 The Department of Justice’s Official German Report http://ww...

Nov 08, 201827 min

Sleepless in Cyberspace: Navigating the Threat Landscape LIVE

The black letter law and articles discussed in this episode Facebook hack of 30 million users personal information https://www.businessinsider.com/facebook-30-million-users-affected-hack-fbi-asked-not-to-reveal-source-2018-10 ABA Formal Opinion 483: Lawyer’s Obligation After and Electronic Data Breach or Cyberattack https://www.americanbar.org/content/dam/aba/images/news/formal_op_483.pdf Registration and information for the 28th Annual Review of the Field of National Security Law Conference htt...

Oct 18, 201832 min

The Reliability and Risks of Blockchain Part 2 with Steve Bunnell

The black letter law and articles discussed in this episode: 28th Annual Review of the Field of National Security Law Conference Registration https://www.americanbar.org/events-cle/mtg/inperson/338390074/ Indictment of 13 GRU officials https://www.justice.gov/opa/press-release/file/1035562/download Chainalysis https://www.chainalysis.com/ Bank Secrecy Act Statutes https://www.fincen.gov/resources/fincens-mandate-congress Fraud in ICOs https://cointelegraph.com/news/new-study-says-80-percent-of-i...

Oct 11, 201826 min
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