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National Security Law Today

National Security Law Today

by National Security Law Today

Regulating AI Without Stifling Innovation with Jamil Jaffer

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 its competitive edge. Jamil Jaffer is the Founder and Executive Director of the National Security Institute at George Mason University’s Antonin Scalia Law School, where he also serves as an Assistant Professor of Law and leads programs focused on national security, cyber, and intelligence law. References: The Great American AI Act White House – Winning the Race: America’s AI Action Plan Sen. Mark Kelly’s AI and Defense Legislation EU Artificial Intelligence Act CrowdStrike Research on DeepSeek Security Vulnerabilities Booz Allen — What’s in America’s Code?

Could AI Hollow Out the Tax Base? with Lee Lockwood

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 University of Virginia whose research focuses on transformative artificial intelligence, public finance, and labor economics. References: Korinek, Anton, and Lee M. Lockwood. “Public Finance in the Age of AI: A Primer.” Brookings Center on Regulation and Markets, Nov. 2025. Register for our upcoming event: From Public Service to Private Sector: In-House Counsel Navigating Modern Security Threats – Tues., Sept. 1, at 6PM. at Greenberg Traurig LLP – co-hosted by the Women in National Security Law Initiative Register for the 36th Annual Review of National Security Law CLE Conference – Oct. 8th-9th, at the Omni Shoreham hotel in Washington, DC

News Roundup: Drones, Chips, and the New Economic Battlefield

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 stifling innovation. References: Register for our upcoming event: From Public Service to Private Sector: In-House Counsel Navigating Modern Security Threats – Tues., Sept. 1, at 6PM. at Greenberg Traurig LLP – co-hosted by the Women in National Security Law Initiative. Register for the 36th Annual Review of National Security Law CLE Conference – Oct. 8th-9th, at the Omni Shoreham hotel in Washington, DC Chainalysis, “Crypto Crime Reaches Record High in 2025 as Nation-State Sanctions Evasion Moves On-Chain at Scale” (January 8, 2026) The White House, “Actions by the United States in the Investigations Under Section 301 of the Trade Act of 1974,” presidential memorandum, July 23, 2026.

Export Controls in the Age of AI & Quantum with Doni Bloomfield (Part 2)

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. References: Bloomfield, Doni. “Export Controls as Intellectual Property Regulation.” Iowa Law Review, vol. 111, 2026, pp. 1955–2005. Bloomfield, Doni, and Jeff Gordon. “The New Export-Control Equilibrium.” SSRN, Fordham Law Legal Studies Research Paper no. 6634758, 23 Apr. 2026 Trading With The Enemy Act of 1917 The Espionage Act (1917) The Sedition Act (1918) The Invention Secrecy Act (1951) Gross, Daniel P. “The Consequences of Invention Secrecy.” NBER Working Paper no. 25545, 2019. National Security Decision Directive 189 Export Control Reform Act of 2018 NSLT, Ep. 419, "Biological Data Governance in an Age of AI with Doni Bloomfield"

Export Controls in the Age of AI & Quantum with Doni Bloomfield (Part 1)

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 Associate Professor of Law at Fordham Law School whose work focuses on intellectual property, biosecurity, national security law, and health law. References: Bloomfield, Doni. “Export Controls as Intellectual Property Regulation.” Iowa Law Review, vol. 111, 2026, pp. 1955–2005. Bloomfield, Doni, and Jeff Gordon. “The New Export-Control Equilibrium.” SSRN, Fordham Law Legal Studies Research Paper no. 6634758, 23 Apr. 2026 Trading With The Enemy Act of 1917 The Espionage Act (1917) The Sedition Act (1918) The Invention Secrecy Act (1951) Gross, Daniel P. “The Consequences of Invention Secrecy.” NBER Working Paper no. 25545, 2019. National Security Decision Directive 189

AI, Quantum, and the New Threat Landscape with Rob Joyce

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 former senior NSA cybersecurity leader who served more than 34 years at the agency, including as head of Tailored Access Operations and the Cybersecurity Directorate. References: Post Quantum Cryptography Strategy. Department of War. April 16 2026 E.O. 14413: Ushering in the Next Frontier of Quantum Innovation

20 Years of DOJ’s National Security Division: A Live Discussion with Former Leaders

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 attacks, terrorism, and other evolving national security challenges. Moderated by Kelli Andrews, Senior Director for Cybersecurity and Lawful Access Policy at Microsoft Matthew G. Olsen is a Partner at WilmerHale John Demers is the Corporate Secretary, Vice President and Assistant General Counsel at Boeing John P. Carlin is a Partner at Paul Weiss Kenneth L. Wainstein is a Partner at Mayer Brown References: NSIT: Quantum Computing Explained E.O. 14413: Ushering in the Next Frontier of Quantum Innovation Alexandra Kelley. “OMB Issues Instructions for Agency Migration to Quantum-Proof Encryption.” Nextgov/FCW, 25 June 2026. NSLT, Ep. 426, "A New Iran Deal? Unpacking the MOU with Brian Egan" Watch for conference and registration information for the 36th Annual Review of the Field of National Security Law CLE Conference – October 7-8, 2026, Omni Shoreham Hotel, Washington, DC

A New Iran Deal? Unpacking the MOU with Brian Egan

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 partner in Skadden’s National Security Group, where he leads the firm’s CFIUS, export controls, and sanctions practices. References: Islamabad Memorandum of Understanding Between the Islamic Republic of Iran and the United States of America. NPR, 18 June 2026 The Joint Comprehensive Plan of Action (JCPOA) The Algiers Accords

FISA 702 Has Sunsetted: What It Means for Intelligence with Glenn Gerstell

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 is a senior adviser at the Center for Strategic and International Studies and former General Counsel of the National Security Agency. References: FISA Section 702 EO 12333 The Stored Communications Act (SCA) The SAVE America Act The American AI Sovereign Wealth Fund Act Strategic Partnership Agreement Between the Government of the United States of America and the Government of the Democratic Republic of the Congo NSLT, Ep. 421, "Cognitive Warfare: AI, False Realities, and the Laws of War with Gary Corn" McClements, Freya. “Study Finds ‘Alarming’ Role Played by Social Media in Sparking Racial Intimidation in North.” The Irish Times, 2 May 2025. Section 721 of the Defense Production Act The Department of Justice’s First Lawsuit Enforcing a Presidential Order Under Section 721 of the Defense Production Act

Frontier AI and the New AI Executive Order with Josh Geltzer

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 Partner at WilmerHale, where he focuses on national security issues including artificial intelligence, cybersecurity, CFIUS, crisis management, and national security-related litigation. References: Executive Order: “Promoting Advanced Artificial Intelligence Innovation and Security.” The White House, June 2, 2026. Executive Order: “Ensuring a National Policy Framework for Artificial Intelligence.” The White House, December 11, 2025. The Computer Fraud and Abuse Act (CFAA) Subscribe to our YouTube

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