The Hogan Lovells National Security Podcast

In this episode, we sit down with Steve Bowsher, the CEO of In-Q-Tel, the non-profit venture capital firm supporting the intelligence community. Steve shares his extensive background and provides an inside look at In-Q-Tel's mission to bridge the gap between the intelligence community and technological innovation. We discuss the process by which In-Q-Tel identifies and invests in emerging technologies, supports startup companies, and accelerates the deployment of critical capabilities to U.S. government agencies.  We explore the unique ways In-Q-Tel operates and the types of technologies it seeks including AI, cybersecurity, unmanned systems, and cutting-edge biotechnology. We also discuss how industry partners can connect with In-Q-Tel and pitch their technologies.  Tune in to learn more about the vital role In-Q-Tel plays in ensuring technological advancements serve both commercial and government needs, and what lies ahead for this innovative organization.

In this episode, we cover the long standing alliance between the United States and Japan, and its future trajectory in the face of regional and global security challenges.   We discuss Japan’s evolving defense posture, highlighting significant changes since Japan’s introduction of new national defense strategies in 2023 and an increase in military spending. We explore the implications of Japan's evolving role in regional security in the Indo-Pacific, particularly in response to China's growing power and North Korea's missile program. The episode also covers Japan's potential future participation in alliances such as the Five Eyes and AUKUS, and the challenges and opportunities for Japan's defense industrial base. Finally, we spotlight recent legislative changes in Japan establishing a government security clearance program, which marks a significant step towards deeper integration with global security frameworks.   Tune in to gain a deeper understanding of how these developments shape the strategic landscape in the Indo-Pacific and beyond.

Returning after our long winter break, in this episode (recorded on NATO’s 75th Anniversary) we are joined by our colleague Falk Schoening from our Brussels office to discuss the European Union's (EU) €1.5 billion plan to boost defense production and the release of the EU’s first-ever defense industrial strategy. We highlight the EU's transition towards addressing security challenges collaboratively, and the significance of the EU defense strategy as a departure from previous civil-centric approaches. We explore cross-border procurement challenges and efforts to streamline regulations and foster collaboration to enhance defense industrial capabilities among EU members. We also talk about capital flows into Europe and increasing investment in defense companies after years of underinvestment at a time when current security threats are generating a greater sense of urgency. The conversation extends to Europe's role in supporting Ukraine amidst geopolitical tensions, including Germany's supply effort. We touch upon Europe's perspective on US-China tensions and the implications for EU-China relations. Finally, we discuss Europe’s preparedness for potential U.S. policy shifts ahead of this year's U.S. election.

In this episode, we are joined by our colleague Ben Kostrzewa from our Hong Kong office, who brings extensive experience in navigating the complex landscape of U.S.-China trade relations, export control, sanctions, and investment restrictions.   We discuss President Biden's recent bilateral meetings with Xi Jinping in San Francisco, signaling prospects for future discussions, albeit with lingering concerns over potential conflict triggers. We also delve into China's economic setbacks post-COVID, including a notable downturn after decades of consistent growth, and we look at Hong Kong's evolving role within China's economy and highlight Hong Kong’s enduring advantages for businesses operating in the region. Finally, we look ahead to 2024, where we consider Taiwan's January presidential election and China's economic trajectory as potential challenges for the future.   The recent Biden – Xi meetings were held at the same time as the APEC and IPEF forums in San Francisco. See our related episode with Kelly Ann Shaw on APEC/IPEF here.

In this episode, we are joined by our colleague Kelly Ann Shaw to discuss reactions to the Asia-Pacific Economic Cooperation (APEC) Summit and Indo-Pacific Economic Framework (IPEF) forums recently held in San Francisco. Kelly Ann shares her own experiences as the lead U.S. negotiator for APEC during the Trump administration, and we share insights into the complexities of trade negotiations, geopolitical dynamics, and the challenges faced by the Biden administration in the context of APEC and IPEF.   See our prior episode with Kelly Ann here.

We are joined by our colleague Ajay Kuntamukkala  on this one-year anniversary of the October 2022 semiconductor export control rules to discuss two new interim final rules (IFRs) by the Bureau of Industry and Security (BIS) aimed at closing perceived loopholes in the 2022 restrictions.   The first IFR covers restrictions on advanced computing items and supercomputers (available here), and the second IFR covers restrictions on semiconductor manufacturing equipment (available here) – both of these rules become effective on November 17, 2023.    We unpack how these new rules amend the Export Administration Regulations (EAR) with new restrictions on the export, reexport or transfer (in-country) of certain semiconductor and advanced computing items to China and Macau, as well as expanding license requirements for semiconductor manufacturing equipment to additional countries. We analyze the new licensing requirements imposed on entities that may be operating worldwide but that are “headquartered in” (a term not yet defined in the EAR) certain listed countries. We consider the expansion of the U.S. persons rule, dive into the technical details of the new parameters (lowered thresholds) that determine restricted chips, and discuss export control harmonization among allied countries, including recent Dutch export controls issued in September. Finally, we tackle how the new rules might impact the U.S. chip industry as well as China’s own burgeoning chip industry (we also flag the recent release of the latest Huawei smart phone).   

In this episode we discuss defense innovation and DoD’s announcement of the “Replicator” initiative. We explore the history of the Defense Innovation Unit (DIU) and how its success has sparked the creation of similar offices throughout DoD. We explain efforts to overcome the “valley of death” between developing an idea and deploying a capability to the warfighter. We also touch on In-Q-Tel and other government seed capital programs, incubators, technology accelerators, challenge programs, and the Defense Innovation Marketplace.  We review Deputy Secretary of Defense Hicks' announcement of “Replicator” whose goal is to field “attritable” autonomous systems at a scale of multiple thousands, in multiple domains (air, land, sea, space), within the next 18-to-24 months.  Finally we touch on similar efforts in other countries, including the NATO DIANA initiative to bring together personnel and tech startups and scientific research to solve critical defense challenges among the alliance countries. Read Hicks' speech here. Access the DoD innovation site for industry here.

We are joined by our colleague, Charles Mathias, former Deputy Chief in the Federal Communications Commission’s (FCC) Wireless Telecommunications Bureau, to discuss national security and the telecommunications industry. We cover cybersecurity, supply chain risks, and the overlap of the FCC Covered List (which designates entities that pose an unacceptable risk to national security) with the 2019 National Defense Authorization Act (NDAA) Section 889 prohibitions on certain telecommunications equipment and services. We explore the FCC’s  “rip and replace” program under the Secure Networks Act. Finally, in a wide ranging technology discussion, we discuss Open Radio Access Network (ORAN) and cybersecurity concerns, why the rollout of 5G in the United States still has a ways to go, and Low Earth Orbit (LEO) satellite communications (SATCOM) network bringing connectivity to unconnected areas of the planet.

In this episode, we are joined once again by our colleagues Brian Curran and Anne Salladin, to discuss the release of the long awaited Executive Order (EO) on outbound investment screening. Our March episode with Brian & Anne previewing the outbound investment program is here. We discuss what is covered in the EO and the related Advance Notice of Proposed Rulemaking (ANPRM) issued by Treasury that solicits input from the public on the proposed framework for the regime, including the expected timing for developing implementing regulations. We delve into the three advanced technologies covered in the ANPRM: (1) semiconductors and microelectronics; (2) quantum computing; and (3) Artificial Intelligence (AI). We explore the types of transaction that are covered by the outbound investment program, and we discuss whether this is really consistent with the “small yard, high fence” approach to protecting critical technologies as the administration claims.  Finally, we discuss the likelihood of similar action by allied nations, potential repercussions by China, and related legislation on outbound investment screening currently working through Congress. Read the Executive Order here. Read the ANPRM here.

In this episode we discuss the strange continued disappearance from public view of Qin Gang, the Chinese Foreign Minister (FM), and former Ambassador to the United States. At the time of this recording, China announced that Mr. Qin was formerly removed as FM (although he still has not re-appeared in public), and his boss, Wang Yi, the Director of the Central Foreign Affairs Office of the Chinese Communist Party (CCP), would act as FM. Mr. Qin’s disappearance was originally attributed to undefined health issues (which still remain the only official reason for his absence), but rumors have swirled that he was swept up in an anti-corruption dragnet, that Western or even Chinese intelligence services were behind his disappearance, or that this is all connected to a suspected affair with a Hong Kong based journalist.  We examine the culture of secrecy in the CCP and the unsettling effect disappearances of Chinese government officials can have on international security and diplomacy. We compare and contrast other countries approaches to state secrets and withholding information from the public eye on the basis of national security, which in turn leads our discussion to China’s revised anti-espionage law, effective 1 July (the law takes such a broad view of national security that exchanging information in routine business activities might now be considered espionage). Finally, we note that the disappearance of a prominent Minster and Party official (Mr. Qin has often been seen as Mr. Xi’s protégé) and the revised counter-espionage law are reminders to both governments and the global business community that China under Mr. Xi’s leadership continues to tighten information flows and put national security at the center of everything.

In this episode we are joined by our HL colleague and Global Energy Practice Leader Amy Roma to discuss the nuclear energy industry.   We discuss global trends in the transition away from fossil fuels and the supply chain security implications and benefits of nuclear power. We examine how Russia’s invasion of Ukraine has triggered a strong emphasis on energy security and resilience for countries not just in Europe but all across the globe, including an uptick of countries looking into nuclear capability that have no prior history with nuclear power. We consider how the significant trade relationships associated with providing nuclear power technology can become friendships and alliances to exert geopolitical influence (and the national security implications of the US not participating in the global nuclear market the way, for example, China and Russia are in sub-Saharan Africa). Finally, we explore the benefits of the latest generation of nuclear reactors (aka advanced nuclear reactors), recent developments in nuclear fusion, and the use of nuclear propulsion for space activities (including mining and deep space exploration).

In this episode, like Ant-Man and the Wasp we dive into the quantum realm - specifically, quantum computing. We explain what a “qubit” is (a quantum bit) and how quantum mechanics could deliver exponential leaps forward in computer processing power and  surpass conventional supercomputers. We discuss the Biden administration’s March release of National Security Memorandum 10 - which seeks to drive U.S. leadership in quantum information science while also acknowledging the threat large scale quantum computers will pose to today’s encryption standards – while also touching on the National Institute of Standards and Technology (NIST) efforts to develop a post-quantum cryptographic standard.  Finally, we touch on other emerging quantum technologies, such as quantum sensing (which could improve improvements in submarine detection capabilities), and quantum communications (including China’s reported construction of a quantum communications network). Mike Scheimer: Contact Tim Bergreen: Contact

In this episode, we explore the potential of Open Source Intelligence (OSINT), which is publicly available information including (as discussed in our prior episodes) the social-media posts, smartphone photos, commercial drone videos, and commercial satellite imagery used by Ukraine to locate and target Russian forces. We discuss the challenges of integrating unclassified OSINT with more traditional forms of classified intelligence information. We address the fast-growing number of companies that are transforming publicly available data into OSINT, challenges faced by intelligence services with processing and analyzing the sheer volume of OSINT data available, and the fact that OSINT means keeping government clandestine operations secret is more difficult today (noting, for example, the social media furor over the Chinese spy balloons in US airspace a few months ago).  Mike Scheimer: Contact Tim Bergreen: Contact

In this episode, we are joined by our colleague Scott Loughlin, co-lead of our global Privacy and Cybersecurity (PaC) practice to discuss Artificial Intelligence (AI). We compare the emerging AI regulatory frameworks in the EU, UK, and the U.S. Our discussion ranges from the more traditional national security use cases for AI, such as autonomous / semi-autonomous weapon systems and drones, to more recent examples including ChatGPT, deepfakes, surveillance, and the potential for waging disinformation campaigns. We discuss the responsible use of AI, potential privacy concerns, and mitigating human bias when training AI models.  Finally, we talk about how AI tools can be used in company insider threat programs (a topic we will pick up in later episodes) to detect workforce activity that may indicative of an insider threat. Mike Scheimer: Contact Tim Bergreen: Contact Scott Loughlin: Contact

Given the developing news story around the classified information leaks by a U.S. Air National Guardsmen, we decided to publish this episode before our regularly-scheduled release date of Thursday. We discuss what is (and is not) classified information, how the personnel security clearance (PCL) process works, and dispel some myths about the classified world. We walk through classification levels, and touch on controlled access programs, such as Sensitive Compartmented Information (SCI) and Special Access Programs (SAP).  We then dive into the story of the current classified information leaks, comparing this to the leaks by Edward Snowden and Chelsea Manning.  We talk about how this story raises insider threat concerns and the consequences of the current leaks, including the possibility of a chilling effect on recent security clearance reform efforts. Mike Scheimer: Contact Tim Bergreen: Contact

We discuss the March announcement that the Australia-United Kingdom-United States (AUKUS) security partnership will help Australia develop conventionally-armed, nuclear-powered attack submarines (SSNs). We go over the recent history of Australia’s position in the Indo Pacific and strategic thinking in recent years about AUS pursuing conventional submarines or nuclear powered submarines. We also address other potential areas of technological cooperation between the AUKUS parties, before diving into some specifics about the current Collins-class SSNS and the plans for these new AUKUS-SSNs. Mike Scheimer: Contact Tim Bergreen: Contact

In this episode, we are joined by our colleagues Brian Curran and Anne Salladin, to discuss the anticipated “reverse CFIUS” regime from the Biden administration. We unpack the strategic rationale for creating an outbound investment screening regime that we expect will focus on key sensitive industries (e.g., semiconductors, AI, quantum-computing), and make some predictions on what the anticipated Executive Order will cover. Finally, we discuss the potential drawbacks of establishing such a “reverse CFIUS” process, including the challenges for U.S. industry as well as the U.S. government. Mike Scheimer: Contact Tim Bergreen: Contact Brian Curran: Contact Anne Salladin: Contact

Given the rapidly-changing nature of this topic, we decided to publish this episode before our regularly-scheduled release date of Thursday. In this episode, we discuss the outcry in Washington about the Chinese surveillance balloon discovered floating over Montana and the cancellation of US Secretary of State Blinken’s trip to Bejing. We touch on the technical capabilities (and limitations) of balloons as surveillance platforms. We explore what these developments mean for increasingly strained US-China relations, particularly in the wake of the announcement of expanding US military access to bases in the Philippines and the AUKUS submarine deal with Australia. As we recorded this episode, the US announced American military pilots shot down an object off the Alaskan coast. Since recording this episode, the US has now shot down two additional craft,  one over Canada and the other over Lake Huron. Mike Scheimer: Contact Tim Bergreen: Contact

In this episode, we are joined by our colleague Kelly Ann Shaw, former Deputy Assistant to the President for International Economic Affairs and Deputy Director of the National Economic Council, as we delve into critical minerals and rare earths at the intersection of environmental policy, clean energy, electric vehicles, and military technologies. We explore national security concerns regarding the dependency of the U.S. manufacturing sector on foreign suppliers and processors, and vulnerabilities to supply chain disruptions. Finally, we drill down into U.S. Government efforts to stimulate domestic production and “friend shoring” initiatives with allied countries, as well as industry innovation in alternative product designs and recycling of components. Mike Scheimer: Contact Tim Bergreen: Contact Kelly Ann Shaw: Contact

In this episode, we set the stage for future episodes on hypersonic missile technology, describing the technical differences between a hypersonic glide vehicle (HGV) and a hypersonic cruise missile, and the reasons that hypersonics are more challenging for missile defense systems. We explore the operational hypersonic weapons currently deployed by Russia and China and discuss the strategic implications that the United States, while it has many hypersonic programs still in development, does not actually have a deployed hypersonic weapon system. We discuss increased Congressional attention on hypersonic programs and the need to grow the industrial base to support hypersonic technology. Mike Scheimer: Contact Tim Bergreen: Contact