National Security Law Today

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 objectives, the legal authorities underpinning action, potential exit strategies, and the broader global implications of escalation in the region.Introductions by Stephen Preston, Chair of the ABAs Standing Committee on Law and National Security and Partner at WilmerHaleModerated by Judge James Baker, Director of the Syracuse University Institute for Security Policy and Law and a Professor of Law at Syracuse UniversityRobert Murrett is Deputy Director of the Institute for Security Policy and Law at Syracuse UniversityElisa Ewers is a Senior Fellow at the Council on Foreign Relations and an Adjunct Senior Fellow at RAND and the Center for a New American SecurityReferences:ABA Standing Committee on Law and National Security Webpage

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 the agentic economy.References:NSLT Episode: Elemental Power: Mining, Markets, and the Critical Minerals Challenge with Tommy Beaudreau (Part 1). Feb 18 2025NSLT Episode: Seabed Mining as a National Security Threat: The Laws of the Sea with Matt Dianni (Part 1). Jan. 13 2022NSLT Episode: Profiting from Polarization: The Economics of America’s Culture War. Nov. 26 2025The New York Times. "Meta and YouTube Found Negligent in Landmark Social Media Addiction Trial." 25 Mar. 2026

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 and previously served as the United States Attorney for the Southern District of TexasReferences:The International Emergency Economic Powers Act (IEEPA)The Material Support StatuteThe Export Administration Regulations (EAR) OverviewThe International Traffic in Arms Regulations (ITAR) Overview"Justice Department Files Action to Protect National Security by Enforcing President’s Order of Chinese Company’s Divestment from U.S. Company." Office of Public Affairs, 10 Feb. 2026NSLT Episode, "Held as Leverage: Iran, Hostage Diplomacy, and the Fight for Release with Kieran Ramsey" March 18 2026.NSLT Episode, "From Pipelines to Prisoners: Security in the Energy Sector with Kieran Ramsey (Part 1)" June 4 2025NSLT Episode, "The Lawless Secrecy of International Shipping with Matthew Campbell (Part 1)" June 23 2022Campbell, Matthew, and Kit Chellel. Dead in the Water: A True Story of Hijacking, Murder, and a Global Maritime Conspiracy. Penguin Random House, 2022

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, diplomacy, and the human cost of these high-stakes cases. Kieran Ramsey is Chief Investigative Officer at Global Reach, a private company that deals with individuals wrongfully held or taken hostage around the world. References: The Joint Comprehensive Plan of Action (JCPOA) The UN Working Group on Arbitrary DetentionE.O. 14248, Strengthening Efforts to Protect U.S. Nationals from Wrongful Detention AbroadRezaian, Jason. Prisoner: My 544 Days in an Iranian Prison. HarperCollins, 2019

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.Seth Jones is President of the Defense and Security Department and Harold Brown Chair at the Center for Strategic and International Studies (CSIS)References:Report: Jones, Seth G., and Riley McCabe. Russia’s Grinding War in Ukraine: Massive Losses and Tiny Gains for a Declining Power. Center for Strategic and International Studies, 27 Jan. 2026.VideoCast: Are Russia and Ukraine Headed to 2 Million Casualties? CSIS. Jan. 30 2026Stanford University's Global AI Vibrancy ToolThe Warsaw Pact, 1955

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 Associate Professor of Law at the University of Minnesota and Research Director at LawfareReferences:Endrias, Michael, and Alan Z. Rozenshtein. “Pentagon’s Anthropic Designation Won’t Survive First Contact with Legal System.” Lawfare, 2 Mar. 2026.The Defense Production ActDoD Directive 3000.09, “Autonomy in Weapon Systems,” November 21, 2012E.O. 14365, "Ensuring a National Policy Framework for Artificial Intelligence"10 US Code 3252IEEPANSLT, Ep. 392, "Empire AI: OpenAI’s Rise and the Race for Global Power with Karen Hao"NSLT, Ep. 399, "Crash, Bailout, or Breakthrough? The Future of America’s AI Bet"

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 into the wrong hands.David Albright is founder and President of the non-profit Institute for Science and International Security in Washington, D.CEVENT: 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 overseas. View the full program here.References:Albright, David, and Andrea Stricker. “The Nuclear Threat After Tehran Falls.” The Wall Street Journal, 2 Feb. 2026.

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 SecurityEVENT: 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 overseas. View the full program here.References:The Insurrection ActPosse Comitatus ActBanks, William C., and Stephen Dycus. Soldiers on the Home Front: The Domestic Role of the American Military. Cambridge, MA: Harvard University Press, 2016.Banks, William C. “Providing ‘Supplemental Security’–The Insurrection Act and the Military Role in Responding to Domestic Crises.” Journal of National Security Law & Policy, vol. 3, Dec. 15, 2009

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 overseas. View the full program here.References:NSLT Ep. 127, The Insurrection Act Today with William Banks and Harvey RishikofParks, B. C., Zhang, S., Escobar, B., Walsh, K., Fedorochko, R., Vlasto, L., et al. (2025). Chasing China: Learning to Play by Beijing’s Global Lending Rules. Williamsburg, VA: AidData at William & Mary

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, CFIUS, and International Trade at SkaddenReferences:EVENT: Join us for our upcoming luncheon, Hostage Diplomacy and the Rule of Law: The Wrongful Detention of American Citizens, on March 5 at the Army Navy Club in Washington, D.C.UN Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances, 1988UN Convention on the Law of the SeaThe Maritime Drug Law Enforcement ActUN Charter Full TextS.J.Res.98 - A joint resolution to direct the removal of United States Armed Forces from hostilities within or against Venezuela that have not been authorized by Congress.The War Powers ResolutionReuters. “US Approves Possible Sale of Equipment, Services to Shift Peruvian Naval Base.” Reuters, 15 Jan. 2026Nantulya, Paul. "Mapping China’s Strategic Port Development in Africa." Africa Center for Strategic Studies, 10 Mar. 2025

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 StudioReferences:The Dwarkesh Podcast: Ilya Sutskever – We're moving from the age of scaling to the age of research. Nov. 25 2025.

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.References:The National Defense Authorization Act for Fiscal Year 2026 (Full Text)Geltzer, Joshua A., et al. “What the NDAA Means for AI and Cybersecurity.” WilmerHale, 19 Dec. 2025California SB-53 – Artificial intelligence models: large developers (Full Text)E.O. 14365 – Ensuring a National Policy Framework for Artificial IntelligenceColorado SB24-205 – Consumer Protections for Artificial IntelligenceNY State RAISE ActTexas Responsible Artificial Intelligence Governance Act

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 is a Partner at WilmerHale, focusing on artificial intelligence, CFIUS, crisis management, cybersecurity and national security-related litigation.References:The National Defense Authorization Act for Fiscal Year 2026 (Full Text)Geltzer, Joshua A., et al. “What the NDAA Means for AI and Cybersecurity.” WilmerHale, 19 Dec. 2025California SB-53 – Artificial intelligence models: large developers (Full Text)Geltzer, Joshua A., et al.“Transparency in Frontier Artificial Intelligence: Act SB-53 California Requires New Standardized AI Safety Disclosures.” WilmerHale Privacy and Cybersecurity Law Blog, 1 Oct. 2025

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 evolving dynamics of strategic competition. Keynote remarks by Christian Brose, President and Chief Strategy Officer of Anduril IndustriesModerated byMackenzie Eaglen, Senior Fellow at the American Enterprise InstituteIntroductions by Erik Swabb, Partner at WilmerHaleReferences:Book: Brose, Christian. The Kill Chain: Defending America in the Future of High-Tech Warfare. Grand Central Publishing, 2020. Audio Recordings from the 35th Annual Review of the Field of National Security Law Conference

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 founder and CEO of Global Cyber Strategies, a Washington, DC-based research and advisory firm.References:Sherman, Justin. Navigating Technology and National Security: The Intersection of CFIUS, Team Telecom, AI Controls, and Other Regulations. Wiley, 2025.McFaul, Cole, Sam Bresnick, and Daniel Chou. Pulling Back the Curtain on China’s Military-Civil Fusion: How the PLA Mobilizes Civilian AI for Strategic Advantage. Center for Security and Emerging Technology, September 2025. CSET

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 growing role in national defense, and the geopolitical stakes of an AI-driven future.Moderated by Margaret Hu, the Davison M. Douglas Professor of Law Director, Digital Democracy Law, William & Mary Law SchoolFeaturedPanelists:Aaron Cooper, Partner & Founding Co-Chair, Critical & Emerging Technologies Practice, Jenner & Block LLPKat Duffy, Senior Fellow for Digital and Cyberspace Policy, Council on Foreign RelationsJoshua Hodges, Partner, Ridgeline Advocacy GroupWill Hudson, Associate General Counsel, AnthropicReferences:CLE Materials from the 35th Annual Review of the Field of National Security Law ConferenceAudio Recordings from the 35th Annual Review of the Field of National Security Law Conference

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 InstituteReferences:The AI Now InstituteOp Ed: Sarah Meyers West and Amba Kak, You May Already Be Bailing Out the AI Business. The Wall Street Journal. Nov 12, 2025.EO on Accelerating Federal Permitting of Data Center InfrastructureEO on Promoting the Export of the American AI Technology StackNBC: "Trump administration drafts an executive order to challenge state AI laws." Jared Perlo. Nov. 19th 2025.WSJ: "Big Tech Is Spending More Than Ever on AI and It’s Still Not Enough." Megan Bobrowsky. Oct. 30th 2025.Bain & Company: "$2 trillion in new revenue needed to fund AI’s scaling trend." Sep 23rd, 2025.NYT: "Silicon Valley’s Man in the White House Is Benefiting Himself and His Friends." Nov. 30 2025The White House Archives: "Remarks by APNSA Jake Sullivan on AI and National Security." The National Defense University. Oct 24 2024.RISE ActNSLT Ep. 380, "Where Energy Policy Is Headed Next with Tyler O’Connor (Part 1)" July 23 2025.

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.Aakaash Rao is a Ph.D. candidate in Economics at Harvard UniversityShakked Noy is a Ph.D student in Economics at MITReferences: Rao, Aakaash, and Shakked Noy. The Business of the Culture War. Job Market Paper, Harvard University, 2025. NSLT, Ep. 229, Broken News and the Media Rage Machine with Chris Stirewalt The Fairness Doctrine Overview

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 public view but never without consequences.Kenneth P. Vogel is a reporter based in the Washington bureau of The New York Times, investigating the intersection of money, politics and influence.References:Vogel, Kenneth P. Devils’ Advocates: The Hidden Story of Rudy Giuliani, Hunter Biden, and the Washington Insiders on the Payrolls of Corrupt Foreign Interests. William Morrow, 2025.Foreign Agents Registration Act (FARA) Overview

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-driven world.Roy Austin is the inaugural director of the Howard Law Artificial Intelligence Initiative, a groundbreaking initiative focused on ethical AI innovation and civil rights law.References:White House Legal Aid Interagency Roundtable. Expanding Access to Justice, Strengthening Federal Programs: First Annual Report of the White House Legal Aid Interagency Roundtable. November 2016.Horwitz, Jeff. “Meta’s AI Rules Have Let Bots Hold ‘Sensual’ Chats with Kids, Offer False Medical Info.” Reuters, 14 Aug. 2025FISA Section 230Doe v. Meta Platforms, Inc. U.S. District Court, N.D. Cal., No. 23-cv-420095, Opinion filed Oct. 17, 2025.