National Security Law Today
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.
Epizody
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Unchecked AI and the Exploitation of Personal Data: National Security Implications with Margaret Hu and Davi Ottenheimer (Part 1 Recast) 28.05.2026 34minThis 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 SchoolDavi Ottenheimer is Vice President of Trust and Digital Ethics at InruptReferences:Register: Luncheon program featuring former DOJ Assistant Attorneys General for National Security – June 4th at 12PM, at the University Club in Washington DCSubscribe to our YoutubeEp. 340, Unchecked AI and the Exploitation of Personal Data: National Security Implications with Margaret Hu and Davi Ottenheimer (Part 2)Ep. 179, Algorithms – Who's in Control? with Alex Stamos (Part 1)Ep. 180, Algorithms – Who’s in Control? with Alex Stamos (Part 2)Ep. 411, Russia’s War of Attrition: Massive Losses and Tiny Gains with Seth JonesEp. 416, The Drone Disruption: How Autonomous Systems Are Reshaping the Battlefield with Dawn ZoldiCalifornia SB 1386, OverviewThe General Data Protection Regulation (GDPR)The EU Artificial Intelligence Act, Overview
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Cognitive Warfare: AI, False Realities, and the Laws of War with Gary Corn 22.05.2026 39minAI 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.Professor Gary Corn is Director of the Technology, Law & Security Program and an adjunct professor of cyber and national security law and the law of armed conflict at American University Washington College of Law.References:Corn, Gary P. “Cognitive Warfare: Generative AI, False Realities, and International Humanitarian Law.” American University Washington College of Law, 2025.Sun-tzu. The Art of War. Translated by Lionel Giles, Project Gutenberg, 1994.Video Series: Operation InfeKtion. The New York Times Opinion, 2018.The Law of Armed Conflict OverviewU.S. Constitution, Article IV: Relationships Between the States. Legal Information Institute, Cornell Law School.Gary Corn Articles of War Profile. Lieber Institute for Law & Warfare, United States Military Academy at West Point.NSLT, Ep. 339, "Unchecked AI and the Exploitation of Personal Data: National Security Implications with Margaret Hu and Davi Ottenheimer (Part 1)"NSLT, Ep. 411, "Russia’s War of Attrition: Massive Losses and Tiny Gains with Seth Jones"NSLT, Ep. 416, "The Drone Disruption: How Autonomous Systems Are Reshaping the Battlefield with Dawn Zoldi"
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Securing AI: Threat Models, Prompt Injections, and National Security with Shoshana Cox 14.05.2026 31minAs 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 Research at Bermuda Hundred Strategies and an AI security architect, researcher, and strategist whose work focuses on AI threat modeling, MLSecOps, and defensive architectures for mission-critical systems.References:Cox, S. Securing AIML Systems in the Age of Information Warfare. Critical Alliance, Apr. 2022Cox, S. Agentic AI Red Teaming Guide. Cloud Security Alliance, 28 May 2025Shoshana's SubstackSubscribe to Angles of Attack Newsletter
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Biological Data Governance in an Age of AI with Doni Bloomfield 07.05.2026 39minAI 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 at Fordham Law School whose work focuses on intellectual property, biosecurity, national security law, and health law.References:Bloomfield, Doni et al. “Biological data governance in an age of AI.” Science (New York, N.Y.) vol. 391,6785 (2026): 558-561Turner, Stephen D. “Tiered Access for AIxBio Governance.” Paired Ends, 9 Feb. 2026.Amodei, Dario. “The Adolescence of Technology: Confronting and Overcoming the Risks of Powerful AI.” Dario Amodei, Jan. 2026.NIH All of Us Research ProgramThe White House. America’s AI Action Plan. Washington, DC: The White House, July 2025.Supreme Court of Alabama. Laurie Ibach and Mark Stewart v. Bruce Stewart, No. SC-2025-0106, Apr. 24, 2026.
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Ghost in the Machine: What AI Inherited and Why It Matters with Valerie Veatch 29.04.2026 40minAs 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, and her latest release, Ghost in the Machine.References:McQuillan, Dan. Resisting AI: An Anti-fascist Approach to Artificial Intelligence. Bristol University Press, 2022.Bender, Emily M., and Alex Hanna. The AI Con: How to Fight Big Tech’s Hype and Create the Future We Want. Harper, 2025.Becker, Adam. More Everything Forever: AI Overlords, Space Empires, and Silicon Valley’s Crusade to Control the Fate of Humanity. Basic Books, 2025.Sacks, David O., and Peter Thiel. The Diversity Myth: Multiculturalism and Political Intolerance on Campus. Independent Institute, 1998.“Q-Day Just Got Closer: Three Papers in Three Months Are Rewriting the Quantum Threat Timeline.” The Quantum Insider, 31 Mar. 2026
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Iran’s Cyber Playbook: Attacks, Proxies, and Civilian Impact with Ricoh Danielson 21.04.2026 28minWhen 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 Responder Cyber.References:NSLT, Ep. 416, "The Drone Disruption: How Autonomous Systems Are Reshaping the Battlefield with Dawn Zoldi". April 14 2026.
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The Drone Disruption: How Autonomous Systems Are Reshaping the Battlefield with Dawn Zoldi 14.04.2026 49minWhat 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 looks ahead—examining how autonomous drone systems could reshape private sector and industrial roles, taking on tasks once considered too dangerous, costly, or complex for humans. Dawn Zoldi is a retired Air Force Colonel, licensed attorney, CEO & Founder of P3 Tech Consulting, Publisher of Autonomy Global and an internationally recognized expert on uncrewed aircraft system law and policy.Autonomy Global is the leading digital media platform providing cutting-edge insights on autonomous technologies, featuring the latest news, industry trends, policies and expert analysis on dual-use drones, eVTOLs, robotics, space, maritime and enabling technologies worldwide.References:Tune in to the Dawn of Autonomy PodcastSubscribe to the Autonomy Global NewsletterArticle: Zoldi, Dawn. “Burning Down the Miracles: Inside Skunk Works’ Next Long-Range Kill Chain Breakthroughs.” Autonomy Global, 26 Feb. 2026NSLT Ep. 123, "Drones in the Pandemic with Dawn Zoldi". May 7 2020.U.S. Department of War Statement on DJI SystemsThe Law of Armed Conflict OverviewThe Rules of Engagement (ROE) OverviewXPONENTIAL 2026 – May 11th-14th in Detroit, MI
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Assessing the War with Iran: Military Policy and Legal Perspectives 08.04.2026 42minA 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
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Iran’s Cyber Front: Where Digital and Physical War Converge with Matt Suiche 01.04.2026 32minAs 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
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The Hormuz Chokepoint: Iran’s Broader Strategy at Work with Alamdar Hamdani 26.03.2026 40minAs 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
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Held as Leverage: Iran, Hostage Diplomacy, and the Fight for Release with Kieran Ramsey 18.03.2026 1h 18minAs 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
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Russia’s War of Attrition: Massive Losses and Tiny Gains with Seth Jones 12.03.2026 44minFour 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
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The Anthropic Dispute: Government Authority in the Age of AI with Alan Rozenshtein 05.03.2026 32minA 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"
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Preventing Nuclear Chaos: What Happens if Iran’s Government Falls? with David Albright 25.02.2026 25minAs 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.
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The Insurrection Act: History, Authority, and Constitutional Limits with William Banks and Harvey Rishikof 18.02.2026 1h 2minThis 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
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News Roundup: Foreign Financing, Defense AI, and Synthetic Biology Risks 11.02.2026 11minIn 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
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Venezuela and the Legal Limits of U.S. Power with Brian Egan 04.02.2026 42minAmerica’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
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Building Aligned AI for National Security, with Mike Vaiana 27.01.2026 29minAs 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.
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What the NDAA Says About AI in Defense, with Josh Geltzer (Part 2) 21.01.2026 25minIn 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
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What the NDAA Says About AI in Defense, with Josh Geltzer (Part 1) 13.01.2026 33minThe 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
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