WEBVTT

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That . Welcome

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back . I hope you had a uh a great

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lunch uh for the past hour and a half ,

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we are excited to be back for our very

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much uh a great afternoon of jam packed

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uh two panels followed by rear rear

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admiral Berg's uh remarks .

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Uh It is my privilege to introduce the

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moderator of our next panel innovation ,

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the law and the role of lawyers . He is

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a personal friend of mine and a fellow

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West Virginia native and mountaineer

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Corey Simpson has served on active duty

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uh served on active duty from 2004 to

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2006 in the arm or 16 in the Army Jag

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Corp and currently serves uh in a

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reserve capacity . He is the founder

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and CEO of Gray Space Strategies , a

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professional service and strategic

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advisory firm , a senior advisor to the

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CS C 2.0 A nonprofit and nonpartisan

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entity that continues the work of the

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US Cyberspace Solarium Commission and

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an adjunct professor . Thank you ,

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Corey and take it here . Thank you .

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It's good to be here with everyone .

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Thank you to Colonel Hayden and the

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team for , for having us out . Um I am

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lucky to be joined today by two

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fantastic lawyers leaders

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and folks that I'm lucky enough to call

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friends . Um Karen Silverman and Brett

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Friedman . Um I'm going to allow each

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of them to introduce themselves because

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they know themselves best and the

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things that they would like to , to

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share with you . So Karen , go ahead .

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Sure . Um I am , as you said , a lawyer

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by training have a three or more

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decades mostly though in corporate

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practice . So sort of coming from the

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industry side at a brief stint in the

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Department of Justice have been in and

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out , but I was always , always with

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the government facing practice . I that

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a couple of years ago to start my firm

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called the Can Tellus Group . And what

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we do is we advise organizations on how

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to govern technology that they're

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bringing into their organizations kind

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of across the spectrum , but also in

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particular how it impacts their

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organizational governance as well . So

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governing the technology and the uses

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of those technologies , plus how you

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then govern an organization that is

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ingesting and utilizing these

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technologies which are as we will

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discuss , changing very quickly . All

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right . Well , thank you . Thank you

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for having me . Thanks to Corey for

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including me . Um essentially uh

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background , a variety of folks will be

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very comfortable with the acronyms . Uh

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So from NSA to N C T C to S S C

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I and now a DOJ N S D . So that

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pretty much covers my government

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service , which is the dominant side of

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my career . I started out on the hill

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and then bounced amongst the different

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agencies working on cus as well as

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72 , which a lot of folks are familiar

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with as it relates to the surveillance

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component . And now at the Department

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of Justice advising Matt Olsen , who is

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the assistant attorney general for S D .

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Thank you for being here , Karen for

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being here . So a little bit of Justine

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setting up front is innovation , the

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law , the role of lawyers , three big

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buckets at the tail end of this , we'll

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leave some time . So about 10 minutes

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for questions , please , you know , if

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there's something that comes up that we

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didn't address , please raise them ,

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then I would tell you just as a general

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context , there's when I sat on the

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solarium . So it was three years ago ,

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we released the report , there were

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three things that we were tasked to do .

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One as an overarching . Strategic goal

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was develop a strategy to defend the

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United States in cyber and make the

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policy recommendations to do that thing .

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Strategic goals specifically were to do

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three things defend the innovation base

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of the United States , the political

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system of the United States and the

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defense industrial base . So why those

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three things , those are the three most

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important things that they saw to the

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security of the nation . So as we dove

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into that , the defense industrial base

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defined by statute . We understand that .

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Well , the other two , a little bit

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more nebulous and we spent a very long

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time as a commission talking about

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what is the political system of the

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United States ? What is the innovation

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base ? So I understand that that's

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something that we continue to debate

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about and think through , even through

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to today . One thing that we , I

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believe we have taken come to accept as

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a truth is no matter how we think about

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those things , there are certain things

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or certain mistakes that define this

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new environment that we're in . Um in

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the report , there was a two page

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letter on the top that came from the

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chairman , so Senator King and

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Representative Gallagher and that

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letter had in every paragraph boded

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speed and agility , no matter where we

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are heading , we need there is going to

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be an environment that is moving very

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quickly and we need to be able to adapt

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as we head into that environment with

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speed . And so flash forward to the

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Posture statement from General Nakai

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just last month . And he said that for

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operational success in the cyber domain ,

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it demands three things , speed ,

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agility , and unity of effort . Again ,

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speed and agility resonate through .

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And one of the things that defines sort

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of the age we're in are those

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characteristics . But what does that

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have to do with innovation , the law

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and lawyers ? So that's what the panel

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is about that's what we're here to talk

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about . And as we do that , I want to

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talk about innovation power and what

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that means to the United States , to

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our national security . So if any of

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you are foreign affairs , you know ,

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subscribers , you've gotten this this

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month . The March April edition is

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Innovation Power . What is innovation

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power ? So it's the ability to create ,

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adopt and adapt new technologies into ,

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into our , our system , our governance .

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The author of that main article was ,

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was also the co chair of the A I

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Commission and he defines the era that

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we're in is the A I age , the age of A

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I . And what makes this age different

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from any before ours ? You know , and

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if you think steel or bronze to steel ,

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steam to nuclear , what is different

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about this age is that A I will make

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all innovation faster . And so we're

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moving very quickly from life

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sciences to weapons of war to , you

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know , communication capabilities ,

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everything is going to be moving faster .

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And as we get moving through that ,

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we have to answer these questions of

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what does it mean to innovate . And

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just in addition to speed is a question

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of velocity of speed is just how fast

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you're moving , think octopus on roller

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skates , right ? Lots of movement there ,

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but maybe not a lot of direction ,

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velocity is moving in a particular

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direction towards a goal . So how do we

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know with innovation that we're heading

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in the right direction that we're

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asking the right questions , we're

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thinking the right things . And so with

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A I in the placement of , of a

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driver for innovation , we're lucky

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enough to have Karen here with us .

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You're seen as a world expert in sort

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of a i in the thinking of it and its

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relationship to innovation . So why

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don't you help us contextualize that a

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little bit ? Thank you and thank you

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for having me . This is really a

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privilege to , to raise some of these

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issues with you . And it's interesting

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you raise velocity because because when

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we think about , as you say ,

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innovation has been the hallmark of ,

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well , I mean , civilization , but

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certainly this nation's progress from

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its inception , what's changing now is

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the pace at which we're doing it . But ,

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but I think in terms when I think about

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A I and some of the innovations that it

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is fueling , we're really talking , not

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just about speed and agility , we're

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also talking about velocity and scale ,

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right ? And when you start adding

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velocity and scale , you can sort of

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see where impact now becomes a very

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significant consideration much earlier

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in an innovation cycle . I mean , and

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people are trying to figure out what

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the right analogy for A I is . I think

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one way to think about it ,

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particularly for lawyers is they think

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about it as like air water fire , you

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know , it's sort of like another

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element in a way . And we've had

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millennia to figure out how we handle

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fire , how we regulate fire , how we

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bring it into our homes , how we use it ,

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you know , externally offensively

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defensively , we don't have millennia

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to figure this out . So part of the

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issue with this kind of innovation is

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the amount of kind of forethought and

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energy that's going to have to go into

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asking questions and thinking ahead

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about the sorts of governance tools

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controls that will serve us in whatever

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our state admissions are as we start to

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use this technology . Fundamentally ,

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these are prediction engines that are

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statistical reasoning machines , these

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are not contextual reasoning machines ,

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they can mimic that increasingly well .

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But fundamentally , they don't think

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the way human beings think and they

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don't start or stop the way human

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beings start or stop unless they're ,

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they're instructed in very

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sophisticated ways and with generative

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ai that becomes an even more pronounced

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phenomenon . The interesting thing

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about generative A I , I mean , there's

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a million interesting things about it

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but the interesting thing from a , from

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a lawyers or sort of , you know , sort

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of the responsibility cohort

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perspective is that it puts in the

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hands of pretty much everyone , well

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intentioned and not well intentioned ,

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an incredible set of skills and power ,

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right ? That , that it's the um and ,

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and what it does for most organizations

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is a little bit like what the like

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iphone did frankly is it means that the ,

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it departments no longer have control

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over the technology that is used in the

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organization , right ? So the

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gatekeeper functions that we've set up

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to control how technology is used are

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falling apart . We'll talk a little bit

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about quantum and they're falling apart

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for a lot of technical advancement

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reasons . But just even from access to

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capabilities perspective , it's really

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hard now to control how employees

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and the , you know , at any level of an

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organization are now bringing

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technology into that organization that

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you're responsible for governing . And

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that's turning things upside down . And

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it's one of the dimensions of I would

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say disruption and sort of instability

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that innovation is starting to

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introduce at an organizational level

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now . So it's not just about the

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technologies themselves advancing very

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quickly , it's what they're doing to

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the organizations that are exposed to

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them . One of the things that it's

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doing well , first of all , from a

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lawyer's perspective , it's very clear

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now that what the law prohibits or

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permits isn't going to answer most of

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the hardest questions , right . It's

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just we're now creating a whole

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category of questions that the law

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doesn't really address some of them ,

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the law addresses in some way , shape

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or form . But these , some of these are

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going to be very , very novel types of

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questions . It's going to disrupt cost

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structures and the cost of almost

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everything , some of some costs will

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collapse and some will escalate , but

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it's going to change how organizations

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do what they do almost every one of

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them . It's very hard from an oversight ,

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cohort perspective , given these

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technologies to set priorities well ,

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or to really do risk assessment because

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we've been talking a lot almost

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exclusively about cyber security here

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and cyberspace in any , in a private

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organization . Anyway , it does not

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exist in isolation . You've got data

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protection issues , you've got privacy

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issues , you've got A I policy issues ,

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you've got obviously revenue drivers .

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And so security is a part of that . But

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the way organizations are structured

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typically is the the issues come up in

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silos . And so from an oversight ,

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cohort perspective , it's really hard

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to appreciate and set priorities

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without a lot of extra and new kinds of

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support . And then finally , what I

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would say , and it's worth observing

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just because this is where we end up

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spending a lot of time is it's creating

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a pretty jittery twitchy workforce and

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client base or customer base , right ?

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And just that twitchiness creates new

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kinds of risks and instability that as

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lawyers , we need to be alert to and

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kind of plan for and , and I think

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engage with because the more we ignore

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it kind of the worse it's going to get .

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So on that cheerful note . Well ,

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that's I think a very good

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contextualization of the relationship

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between innovation and A I and Bret ,

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you focus a lot now from current role

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from national security and a career

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focus on national security . Can you

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talk a little bit about framing

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innovation in the context of national

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security ? Yeah , I think , I mean ,

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from my perspective , you've seen , um ,

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an evolution where every discipline ,

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whether you're talking about health

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care , the economy , transportation ,

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forget about just the traditional

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military , industrial complex .

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Everything is now seen in a national

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security perspective , right ?

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Especially from where we sit , but

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there is no essential daylight between

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those two . And you can see ways in

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which , whether you're talking about

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synthetic biology , whether you're

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talking about technological innovation

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in terms of how people could cast votes

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potentially . If you're talking about ,

14:41.011 --> 14:43.067
you know , bullet trains or means by

14:43.067 --> 14:45.067
which hypersonic craft and speed of

14:45.067 --> 14:46.900
travel , there's nothing that is

14:46.900 --> 14:49.820
essentially divorced from that optic

14:49.830 --> 14:52.070
from my vantage point . And so I think

14:52.080 --> 14:54.890
the real crux as we're talking about

14:54.900 --> 14:57.679
this is trying to think we , at least

14:57.690 --> 14:59.746
in the , in the legal side of things

14:59.746 --> 15:01.746
you think of things you often times

15:01.746 --> 15:03.690
look at . Well , it depends on the

15:03.690 --> 15:05.634
circumstances that that benefit of

15:05.634 --> 15:07.857
saying that it's going to be . You talk

15:07.857 --> 15:09.801
about Jittery , this , this throws

15:09.801 --> 15:11.968
everything up , up , up , ends on it .

15:11.968 --> 15:14.079
You basically are in a position where

15:14.079 --> 15:16.929
you're having a great deal of

15:16.960 --> 15:20.669
difficulty because the certainty

15:20.679 --> 15:22.950
or principles upon which you would deal

15:22.960 --> 15:25.030
with one set of facts ,

15:26.109 --> 15:29.479
change , change immediately change

15:29.489 --> 15:32.530
dynamically . So whether you're talking

15:32.539 --> 15:34.317
about a procurement cycle , for

15:34.317 --> 15:37.280
instance , in the context of military ,

15:37.289 --> 15:39.880
right , maybe it's a 10 year from

15:39.890 --> 15:42.320
concept to deployment potentially for

15:42.330 --> 15:44.270
purposes of say a satellite

15:44.280 --> 15:46.224
constellation or something of that

15:46.224 --> 15:48.070
nature , that 10 year piece the

15:48.080 --> 15:50.080
evolution of technology within that

15:50.080 --> 15:52.024
period of time makes obsolete that

15:52.024 --> 15:54.247
concept when you initially started it ,

15:54.247 --> 15:56.358
let alone the deployment of that unit

15:56.358 --> 15:58.429
when that actually comes to E O D ,

15:58.729 --> 16:01.979
right ? And so it really , I think is a

16:01.989 --> 16:05.599
significant challenge and it is

16:05.609 --> 16:09.419
permeating all aspects of where

16:09.640 --> 16:11.418
at least now where I sit in the

16:11.418 --> 16:13.418
national security division . But in

16:13.418 --> 16:15.640
previous my private role , but the last

16:15.640 --> 16:17.751
seven years as counsel for the Senate

16:17.751 --> 16:19.696
Select Committee on Intelligence ,

16:20.760 --> 16:22.979
Senator Warner would often refer to it

16:22.989 --> 16:25.049
as the technology committee because

16:25.059 --> 16:26.837
there really isn't a technology

16:26.837 --> 16:28.837
committee , everybody has their own

16:28.837 --> 16:30.726
pieces , which makes it even more

16:30.726 --> 16:32.559
difficult to actually agree upon

16:32.559 --> 16:34.781
anything , let alone in the legislative

16:34.781 --> 16:34.289
context and the politicized environment

16:34.299 --> 16:37.000
that we operate today . And so there is

16:37.010 --> 16:39.760
no issue that I can think of that is

16:39.770 --> 16:42.150
essentially divorced from

16:43.390 --> 16:46.250
what one would term to be . You could

16:46.260 --> 16:48.316
think of a parade of horribles where

16:48.316 --> 16:50.149
that is , oh , that's a national

16:50.149 --> 16:52.204
security issue . And so that affects

16:52.204 --> 16:54.549
and is a uh I I think a lens with which

16:54.559 --> 16:57.429
you need to view innovation . Um And ,

16:57.440 --> 16:59.710
and think of this because we cannot

17:00.010 --> 17:03.869
continue to operate in the context of

17:04.109 --> 17:06.459
past decades in terms of our decision

17:06.469 --> 17:09.219
making structures . If we're intending

17:09.229 --> 17:10.951
to , we're going to have to be

17:10.951 --> 17:13.007
uncomfortable we're going to have to

17:13.007 --> 17:15.062
essentially be willing to take risks

17:15.062 --> 17:17.670
and deploy things with the belief that

17:17.680 --> 17:19.902
the rules and the principles that we're

17:19.902 --> 17:21.847
operating from , they are going to

17:21.847 --> 17:24.013
change and we are going to change with

17:24.013 --> 17:26.124
that and you're going to break things

17:26.124 --> 17:28.347
as you're going along doing it . But if

17:28.347 --> 17:30.402
we don't take that modification from

17:30.402 --> 17:32.402
where I sit you , we're going to be

17:32.402 --> 17:34.569
woefully unprepared and really sitting

17:34.569 --> 17:36.624
on our back back foot , which is not

17:36.624 --> 17:39.829
where we want to be incredible insights .

17:39.839 --> 17:42.800
And to add , I think a little bit of a

17:42.810 --> 17:44.588
direct connection with Cyber is

17:44.588 --> 17:47.520
underpinning all of this is more

17:47.530 --> 17:49.239
powerful and capable networks

17:49.250 --> 17:51.472
regardless of the generation of network

17:51.472 --> 17:53.459
five G six G . However , you think

17:53.469 --> 17:55.469
about it , the networks are getting

17:55.469 --> 17:57.358
more powerful , the technology is

17:57.358 --> 17:59.580
becoming more integrated into our daily

17:59.580 --> 18:02.130
lives , more connected devices means

18:02.140 --> 18:05.150
more data , which A I can make sense of

18:05.160 --> 18:07.709
more quickly . And this is sort of the

18:07.719 --> 18:10.130
trend that we see , which is also going

18:10.140 --> 18:13.380
to unlock a lot of innovation in

18:13.689 --> 18:17.189
unanticipated ways . As we think

18:17.199 --> 18:19.540
through speed agility , we talk a

18:19.550 --> 18:23.030
little bit about the government , we

18:23.119 --> 18:24.786
talked about maybe government

18:24.786 --> 18:26.675
procurement in the context of the

18:26.675 --> 18:28.786
legislative branch . When we think of

18:28.786 --> 18:32.260
the law , there will almost always be a

18:32.270 --> 18:35.219
gap between the pace at which law

18:35.229 --> 18:39.109
evolves in the pace at which technology

18:39.119 --> 18:41.063
is evolving . And that's certainly

18:41.063 --> 18:43.230
going to be true in the era that we're

18:43.230 --> 18:44.952
heading into where the pace of

18:44.952 --> 18:47.175
technology will continue to evolve very

18:47.175 --> 18:49.230
rapidly . So , what does that mean ?

18:49.230 --> 18:51.286
There is that there will always be a

18:51.286 --> 18:53.369
delta between where the law is and

18:53.380 --> 18:55.810
where technology is and in bridging

18:55.819 --> 18:59.560
that gap , our legislative body um ,

18:59.569 --> 19:01.869
is , is they're , they're wrestling , I

19:01.880 --> 19:03.880
think , very hard with that . And I

19:03.880 --> 19:06.158
know that's something brad that you've ,

19:06.158 --> 19:08.436
you've have a great deal of experience ,

19:08.436 --> 19:10.658
at least within that body helping . And

19:10.658 --> 19:10.510
so could you maybe share a little bit

19:10.520 --> 19:12.853
of your thoughts on that in perspective ?

19:12.853 --> 19:15.020
Pardon me ? If I break out in hives or

19:15.020 --> 19:18.959
start to you sweat . Um , but the , uh ,

19:18.969 --> 19:21.640
no , I think there's a sincere ,

19:21.650 --> 19:23.750
regardless of the kind of the , the

19:23.760 --> 19:27.310
sides of issues and the politicization

19:27.510 --> 19:31.449
of , of our system right now , I think

19:31.459 --> 19:34.489
there are going to need to be , you

19:34.500 --> 19:36.778
constantly have the problem , you know ,

19:37.020 --> 19:39.076
try to think of things in a coherent

19:39.076 --> 19:41.500
and logical way when things are calm

19:41.510 --> 19:43.677
and then when something hits the fan ,

19:43.677 --> 19:45.621
whether it's the recent leak , for

19:45.621 --> 19:48.489
instance or something else , you can ,

19:48.500 --> 19:50.611
then you have the pendulum shift in a

19:50.611 --> 19:52.667
particular direction and everybody's

19:52.667 --> 19:54.778
attention goes to that . I think that

19:55.280 --> 19:58.109
absent kind of an ability for Congress

19:58.119 --> 20:01.060
to be able to take a step back amongst

20:01.069 --> 20:04.560
a jurisdictional morass of committees

20:04.569 --> 20:07.010
that essentially have and make

20:07.020 --> 20:09.131
arguments towards . Well , that's our

20:09.131 --> 20:11.489
issue , this is our issue and a direct ,

20:11.500 --> 20:13.650
honestly , a sincere

20:14.770 --> 20:17.979
piece of this . If we go back in the

20:17.989 --> 20:21.939
world 72 , that there are the

20:21.949 --> 20:24.569
judiciary committees on the House and

20:24.579 --> 20:27.540
on the Senate have the jurisdiction to

20:27.550 --> 20:29.540
work through those issues and to

20:29.550 --> 20:32.579
address in every reauthorization of

20:32.589 --> 20:34.645
this authority since its inception ,

20:34.645 --> 20:38.339
who has taken that mantle and put forth

20:38.599 --> 20:40.766
the actual legislation that ultimately

20:40.766 --> 20:42.432
would pass . And that was the

20:42.432 --> 20:44.543
intelligence committees partially and

20:44.543 --> 20:46.877
quite frankly , I think there's utility ,

20:46.877 --> 20:49.043
forget about the classification side .

20:49.043 --> 20:51.155
Although that is important , having a

20:51.155 --> 20:53.210
closed door ability to have a debate

20:53.210 --> 20:56.339
and have a absent take away the cameras

20:56.349 --> 20:58.530
just simply relate to one another as

20:58.540 --> 21:02.469
individuals leads to a much more clear ,

21:02.479 --> 21:05.270
concise and frank discussion where you

21:05.280 --> 21:07.819
see a lot more of willingness and

21:07.829 --> 21:09.885
ability for people to agree with one

21:09.885 --> 21:11.829
another that immediately once they

21:11.829 --> 21:13.885
leave that office and they're out in

21:13.885 --> 21:15.829
front of the cameras , you're then

21:15.829 --> 21:17.885
immediately put back into the day to

21:17.885 --> 21:20.051
day kind of run of the mill where they

21:20.051 --> 21:22.560
go into their corners . And I think I

21:22.569 --> 21:24.680
consider myself fortunate to have had

21:24.680 --> 21:26.736
that experience and have seen that ,

21:26.736 --> 21:28.847
but you consistently come out of that

21:28.847 --> 21:31.013
and with your colleagues on both sides

21:31.013 --> 21:33.125
of the aisle and just saying , well ,

21:33.125 --> 21:35.291
man , I wish the American people could

21:35.291 --> 21:37.625
have heard what just transpired , right ?

21:37.625 --> 21:40.599
Or , or the conversation . And it just

21:40.609 --> 21:43.010
leads me to think that there it's still

21:43.020 --> 21:46.329
the the elements uh of our

21:46.479 --> 21:48.719
lack of effort for humanity and for the

21:48.729 --> 21:50.896
ability for us to be able to relate to

21:50.896 --> 21:52.840
one another and just talk as human

21:52.840 --> 21:55.062
beings . Is , is there , right ? It's ,

21:55.062 --> 21:57.410
it's the question is more in the um in

21:57.420 --> 22:00.839
the ether in the , in the ultra the

22:00.849 --> 22:03.130
politicized media environment and the

22:03.670 --> 22:05.500
kind of bifurcation , not just

22:05.510 --> 22:07.959
bifurcation , but multipolar kind of

22:07.969 --> 22:11.099
area where there's just a whole sincere

22:11.109 --> 22:14.390
set of a panoply of different media

22:14.400 --> 22:16.233
entities . And you could have an

22:16.233 --> 22:18.400
individual who is just having a blog ,

22:18.400 --> 22:20.609
is that blog seen or read by enough

22:20.619 --> 22:22.786
people that they could be considered a

22:22.786 --> 22:24.841
member of the media . Do they have a

22:24.841 --> 22:26.952
podcast ? Right ? What does that mean

22:26.952 --> 22:29.063
in the context ? And these are things

22:29.063 --> 22:31.175
that we are ultimately being reactive

22:31.175 --> 22:33.397
to ? And I don't think that necessarily

22:33.500 --> 22:36.719
to the point of , you know , the law is

22:36.729 --> 22:38.959
never going to be at the point at which

22:38.969 --> 22:41.191
the the pace of innovation is . I don't

22:41.191 --> 22:43.358
think that's necessarily a bad thing .

22:43.358 --> 22:45.525
And I think over time , we've actually

22:45.525 --> 22:47.869
been able to see the implications of

22:47.880 --> 22:50.589
certain technological innovations and

22:50.599 --> 22:53.150
then put in place the legal principles

22:53.160 --> 22:55.382
to govern that what I think the problem

22:55.382 --> 22:57.493
is and what Karen touched upon is the

22:57.493 --> 23:01.119
sincere just that dynamic and constant

23:01.130 --> 23:03.352
and the speed at which this is going to

23:03.352 --> 23:05.297
happen . I don't think we have the

23:05.297 --> 23:08.550
ability to be comforted by simply the

23:08.560 --> 23:10.709
aspect of say justice Kagan saying ,

23:10.719 --> 23:12.830
you know , I don't think you want the

23:12.830 --> 23:14.719
nine of us to be adjudicating the

23:14.719 --> 23:18.180
internet Right . But that is really

23:18.189 --> 23:20.300
where the rubber meets the road . And

23:20.300 --> 23:22.411
so I don't know , ultimately how that

23:22.411 --> 23:25.040
plays out . But believe me , it's ,

23:26.369 --> 23:28.780
I'm optimistic , but I think that's

23:28.790 --> 23:30.957
partially coming from the semblance of

23:30.957 --> 23:33.068
the Senate side where I felt as if we

23:33.068 --> 23:35.699
were very much in a bipartisan way and

23:35.709 --> 23:37.876
it really was relationship dependent .

23:37.876 --> 23:40.260
But then you're on a six year time

23:40.270 --> 23:42.326
frame , you're on a six year clock ,

23:42.326 --> 23:44.548
vice a two year , it's a very different

23:44.548 --> 23:47.199
construct on the house side , Karen .

23:47.209 --> 23:49.750
What thoughts do you have to , to sort

23:49.760 --> 23:51.959
of add to that contrast or perspective

23:51.969 --> 23:54.150
you'd want to share ? I , I mean , I ,

23:54.160 --> 23:56.739
I think um

23:57.260 --> 24:01.079
from an industry perspective there ,

24:01.089 --> 24:03.430
there's , there's still a lot of room

24:03.439 --> 24:07.280
for . So there's going to be regulation ,

24:07.290 --> 24:09.512
there will be compliance apparatus that

24:09.512 --> 24:11.869
kind of builds up around that . I think

24:11.880 --> 24:13.991
there's a lot of advocacy right now ,

24:14.030 --> 24:16.086
not against regulation , but against

24:16.086 --> 24:18.086
regulation that sort of becomes for

24:18.086 --> 24:20.252
lack of a better word , performative ,

24:20.252 --> 24:22.308
right ? Where it's not really making

24:22.308 --> 24:24.197
the product better , safer , more

24:24.197 --> 24:27.660
robust , it's satisfying a

24:27.989 --> 24:30.859
laundry list of somebody's anticipated

24:30.869 --> 24:34.339
issues . I think there's a lot of

24:34.349 --> 24:36.349
hesitation around regulation that

24:36.359 --> 24:38.359
purports to go to the technology as

24:38.359 --> 24:40.500
opposed to the use cases of the

24:40.510 --> 24:43.349
technology and having very clear rules

24:43.359 --> 24:46.209
around , you know , frauds committed

24:46.219 --> 24:49.709
using innovative technologies are still

24:49.719 --> 24:51.719
frauds and we have a way to kind of

24:51.719 --> 24:53.719
deal with that and we need a robust

24:54.380 --> 24:57.650
enforcement mechanism around that . But

24:57.660 --> 24:59.827
all of that said , I , well , and then

24:59.827 --> 25:01.993
one other point and then all of that ,

25:01.993 --> 25:03.993
the other , one other point is that

25:03.993 --> 25:05.827
there's , I think also a growing

25:05.827 --> 25:07.882
understanding that even once we have

25:07.882 --> 25:09.993
regulation , it's not going to answer

25:09.993 --> 25:12.104
again , it's not going to answer most

25:12.104 --> 25:14.216
of the hard day to day questions in a

25:14.216 --> 25:13.390
way that you guys deal with all the

25:13.400 --> 25:16.339
time , which is you have the , you have

25:16.349 --> 25:18.516
the rule is articulated , it has a lot

25:18.516 --> 25:20.460
of room for interpretation . These

25:20.460 --> 25:22.405
rules are going to have words like

25:22.405 --> 25:24.238
fairness and trustworthiness and

25:24.238 --> 25:26.300
transparency in them , which mean

25:26.310 --> 25:28.829
absolutely nothing out of context of

25:28.839 --> 25:31.006
what you're doing or what technologies

25:31.006 --> 25:32.783
you're using or what impact you

25:32.783 --> 25:35.117
anticipate or what you've done to build ,

25:35.219 --> 25:37.497
you know , the tool in the first place .

25:37.497 --> 25:39.552
So , so there's going to be a lot of

25:39.552 --> 25:42.619
room for lawyers and advisers to do the

25:42.630 --> 25:45.500
counseling that sort of fills in . It's

25:45.510 --> 25:47.677
not just lawyers , it's the , it's the

25:47.677 --> 25:49.843
whole advisory community . It's like ,

25:49.843 --> 25:52.010
how do we , how do we make these rules

25:52.010 --> 25:54.121
mean something in the context or with

25:54.121 --> 25:53.150
the problems that we're actually

25:53.160 --> 25:57.130
staring at ? And that , that is a

25:57.140 --> 25:59.209
process that is still very nascent I

25:59.219 --> 26:01.330
would say . And then the last thing I

26:01.330 --> 26:03.386
was going to say is that for all the

26:03.386 --> 26:05.052
anxiety around , can we get a

26:05.052 --> 26:07.079
regulation ? Will it fit , will it

26:07.089 --> 26:10.050
serve its purpose ? It is true that

26:10.060 --> 26:12.229
there is still a lot of room for just

26:12.239 --> 26:15.439
more thoughtfulness and incentivizing

26:16.550 --> 26:19.069
better work flows , right ? That , that

26:19.079 --> 26:21.357
we heard earlier today that , you know ,

26:21.357 --> 26:24.329
builds security in by design builds ,

26:24.339 --> 26:26.719
you know , a I sort of responsibility

26:26.729 --> 26:29.790
in by design builds data protection in

26:29.800 --> 26:33.000
by design . And most organizations are

26:33.010 --> 26:36.489
not necessarily approaching

26:36.500 --> 26:39.369
innovation with that design constraint

26:39.380 --> 26:42.650
in place . They are , they'll build it

26:42.660 --> 26:44.827
first and then they'll assess it after

26:44.827 --> 26:47.650
once we know it works . That I think

26:47.660 --> 26:50.130
those days , I hope those days are

26:50.140 --> 26:52.307
numbered . But I think that's the real

26:52.307 --> 26:54.473
transformation we need to make is that

26:54.473 --> 26:56.696
we all understand that this is all part

26:56.696 --> 26:58.807
of product quality as opposed to kind

26:58.807 --> 27:00.696
of a bolt on fix it later kind of

27:00.696 --> 27:02.140
approach . So

27:03.489 --> 27:06.060
incredible . Yeah , no incredible

27:06.069 --> 27:09.969
insights . And I on the timing of

27:09.979 --> 27:12.201
the conference with the release of some

27:12.201 --> 27:15.089
of the strategy documents , the new

27:15.099 --> 27:17.089
Cyber strategy is it talks to

27:17.099 --> 27:19.266
rebalancing responsibility through the

27:19.266 --> 27:21.869
ecosystem and then realigning marketed

27:21.880 --> 27:24.400
centers , the two big themes that align

27:24.410 --> 27:27.630
the five pillars in both of those . And

27:27.640 --> 27:30.410
we heard Steve talk about it in great

27:30.420 --> 27:34.170
depth and Brandon . But I think when

27:34.180 --> 27:37.430
you think through this as it relates to

27:37.439 --> 27:40.900
this panel , you have innovation ,

27:41.359 --> 27:45.189
you have the law and then that sort of

27:45.199 --> 27:47.255
interaction . However , we fill that

27:47.255 --> 27:49.310
delta between wherever our law is ,

27:49.319 --> 27:51.486
wherever our policy resides , wherever

27:51.486 --> 27:54.760
our strategy sits , how is that gap

27:54.770 --> 27:57.619
filled ? Well , we have to operate and

27:57.630 --> 27:59.797
we will continue to operate and you're

27:59.797 --> 28:01.741
always going to have that voice of

28:01.741 --> 28:03.686
somebody trying to do something in

28:03.686 --> 28:05.908
private organizations . It's one set of

28:05.908 --> 28:08.019
actors in military organizations . It

28:08.019 --> 28:09.963
may be a different set of actors ,

28:09.963 --> 28:12.186
intel organizations , whatever the case

28:12.186 --> 28:14.297
may be , we have leaders that need to

28:14.297 --> 28:16.352
decide whether or not we're going to

28:16.352 --> 28:18.519
approve those actions that could go to

28:18.540 --> 28:21.479
a private sector setting ac board and

28:21.489 --> 28:23.545
they have different cares at each of

28:23.545 --> 28:25.322
those levels . The C suite very

28:25.322 --> 28:27.433
different from the board . You know ,

28:27.433 --> 28:29.656
maybe an operational level command very

28:29.656 --> 28:31.489
different from a strategic level

28:31.489 --> 28:33.489
command . And then you have between

28:33.489 --> 28:35.322
that somebody needing to explain

28:35.322 --> 28:37.959
technology , that voice is very

28:37.969 --> 28:39.913
important in those rooms when that

28:39.913 --> 28:42.989
decision is being made . And then what ,

28:43.000 --> 28:45.989
what's probably the last element of who

28:46.000 --> 28:48.800
is helping make all of those decisions

28:48.869 --> 28:50.790
is lawyers . They're going to be

28:50.800 --> 28:52.911
sitting in those boardrooms , they're

28:52.911 --> 28:54.967
going to be sitting in the C suite ,

28:54.967 --> 28:57.078
they're going to be sitting hopefully

28:57.078 --> 28:59.189
in your commands from the tactical to

28:59.189 --> 29:01.411
the strategic level and they're helping

29:01.411 --> 29:04.760
inform how organizations

29:04.869 --> 29:08.680
continue to operate in this delta . And

29:08.689 --> 29:11.609
in that , I want to drill down as the ,

29:11.619 --> 29:14.630
the sort of panel suggests into the

29:14.640 --> 29:16.862
role of the attorney and Karen . I know

29:16.862 --> 29:19.029
that's something that you've thought a

29:19.029 --> 29:21.489
lot about . Um , and I'm interested to

29:21.500 --> 29:23.719
just if you could maybe share some of

29:23.729 --> 29:26.750
your thinking on the role of attorneys

29:26.890 --> 29:28.959
in , in today's environment . Yeah .

29:28.969 --> 29:31.080
Well , I think we've touched on a lot

29:31.080 --> 29:33.959
of it but it , it it's a , there's

29:33.969 --> 29:36.630
going to be a role for domain expertise

29:36.640 --> 29:40.400
and specialization , but there's also

29:40.410 --> 29:42.619
going to be a role for this more kind

29:42.630 --> 29:44.349
of trusted advisor , I think

29:44.359 --> 29:46.790
functionality where we need to be

29:46.800 --> 29:49.079
looking scanning a landscape and not

29:49.089 --> 29:51.200
just issue spotting , but also what I

29:51.200 --> 29:53.469
call resource spotting . That a lot of

29:53.479 --> 29:55.359
the capability in any , in any

29:55.369 --> 29:58.130
organization isn't necessarily where

29:58.140 --> 30:00.689
historically , we've looked to find it .

30:00.699 --> 30:04.239
And so the ability to , and this one

30:04.250 --> 30:06.306
small example , I had one client who

30:06.306 --> 30:08.890
was trying to figure out a complicated ,

30:08.900 --> 30:11.969
they were trying to bring a , a tool to

30:11.979 --> 30:14.910
help with some hr functionality and

30:15.800 --> 30:17.930
somebody sort of articulated , they

30:17.939 --> 30:19.995
just didn't have any data scientists

30:19.995 --> 30:22.106
who understood how this stuff works .

30:22.106 --> 30:24.050
And like you have a whole consumer

30:24.050 --> 30:26.161
insights department that's been doing

30:26.161 --> 30:28.383
some version of , you know , predictive

30:28.383 --> 30:30.550
modeling and analytics for decades ,

30:30.560 --> 30:33.130
right ? And so we went and we rated the

30:33.250 --> 30:35.417
consumer insights group for people who

30:35.417 --> 30:38.609
had just the capacity to understand

30:38.619 --> 30:40.786
what was happening in relation to this

30:40.786 --> 30:43.008
tool over on the human resources side .

30:43.160 --> 30:45.719
And I think just broadening our view to

30:45.890 --> 30:49.469
move more into kind of a solution , set

30:49.479 --> 30:53.069
mindset , you know , also not to the

30:53.079 --> 30:55.689
exclusion of our traditional role where

30:55.699 --> 30:57.921
I think we are , you know , guard rails

30:57.921 --> 31:00.479
in some ways and need to be and need to

31:00.489 --> 31:02.760
remain and have the kind of authority

31:02.770 --> 31:05.589
to remain guard rails , but to also

31:05.939 --> 31:07.995
understand the new kinds of problems

31:07.995 --> 31:10.180
that are , you know , our clients are

31:10.189 --> 31:12.579
going to have the , the last thing I

31:12.589 --> 31:14.756
would say about that and we could talk

31:14.756 --> 31:16.978
about the future of the practice of law

31:16.978 --> 31:19.200
forever . Um And some people like to do

31:19.200 --> 31:22.229
that . Um But , but I think one

31:22.239 --> 31:24.760
overlooked aspect of how these

31:24.770 --> 31:27.103
technologies is going to change the law ,

31:27.103 --> 31:29.048
like it's going to change a lot of

31:29.048 --> 31:31.103
industries is we're going to have to

31:31.103 --> 31:33.214
change how we train our , our , our ,

31:33.214 --> 31:35.239
our cohorts coming up because the

31:35.250 --> 31:37.250
traditional ways that we've trained

31:37.250 --> 31:39.939
lawyers , you know , to review lots of

31:39.949 --> 31:42.099
documents or sit in on lots of , you

31:42.109 --> 31:44.276
know , process to sort of get familiar

31:44.276 --> 31:46.331
with how it works and how the issues

31:46.331 --> 31:48.553
really come up . I think a lot of those

31:48.553 --> 31:50.609
moments are going are part of what's

31:50.609 --> 31:52.609
going to be displaced by these more

31:52.609 --> 31:54.790
advanced technologies and we're not

31:54.800 --> 31:57.979
going to have , we're going to have to

31:57.989 --> 32:01.640
insert opportunities to ask the

32:01.650 --> 32:04.410
questions and to develop capability

32:04.430 --> 32:06.541
because the pressure on time is going

32:06.550 --> 32:08.328
to mean that we're not going to

32:08.328 --> 32:10.439
traditionally , we may have taken the

32:10.439 --> 32:13.290
time to do that training . My strong

32:13.300 --> 32:15.439
suspicion is that that's not going to

32:15.449 --> 32:17.616
be a luxury afforded us unless we kind

32:17.616 --> 32:19.939
of engineer it in . So just the thought

32:20.150 --> 32:23.739
that um you know , looking downfield a

32:23.750 --> 32:27.390
bit . Right . No , I

32:27.400 --> 32:30.880
think um I mean , it , it , I think the

32:30.890 --> 32:32.890
trusted advisor piece resonates

32:32.900 --> 32:35.011
significantly for me because I mean ,

32:35.011 --> 32:37.178
though my title has always been either

32:37.178 --> 32:40.250
counsel or senior advisor , attorney ,

32:40.280 --> 32:44.079
I especially on the hill . And in most

32:44.089 --> 32:46.439
of my experience in at least the

32:46.449 --> 32:48.282
positions that I occupied in the

32:48.282 --> 32:50.338
executive branch . Yes , I was there

32:50.338 --> 32:52.393
because I had AJ D and the , and the

32:52.393 --> 32:54.727
passage of the bar and all those pieces .

32:54.727 --> 32:56.560
But it was not , I was a trusted

32:56.560 --> 32:58.505
advisor . I was , I was looking at

32:58.505 --> 33:00.560
documents , I was reviewing them . I

33:00.560 --> 33:02.727
was issue spotting . I was providing a

33:02.727 --> 33:04.949
value in that there was an element of ,

33:04.949 --> 33:07.171
I guess increased confidence associated

33:07.171 --> 33:09.393
with the fact that I could say , oh , I

33:09.393 --> 33:11.560
went to law school , I had the J D and

33:11.560 --> 33:13.782
I had those pieces . Um that , that was

33:13.782 --> 33:15.727
more a comfort associated with the

33:15.727 --> 33:17.727
position that I was occupying . But

33:17.727 --> 33:19.727
also the degree to which you had an

33:19.727 --> 33:21.505
excuse almost to get involved ,

33:21.505 --> 33:24.130
particularly on the hill in almost any ,

33:24.140 --> 33:26.760
any issue because it was all

33:26.770 --> 33:29.500
essentially based upon law making . But

33:29.510 --> 33:31.729
how much of what Congress does is law

33:31.739 --> 33:34.380
making , right ? These days , it's very

33:34.390 --> 33:37.439
little and one could argue same with

33:37.449 --> 33:39.689
budget , right ? But the , the

33:40.010 --> 33:43.930
nonetheless the degree of discourse and

33:43.939 --> 33:45.760
consistent , you know , putting

33:45.770 --> 33:48.199
together just ideas as it relates to

33:48.209 --> 33:50.420
things either in the press that your

33:50.430 --> 33:53.319
boss is now asking , OK , what could we

33:53.329 --> 33:56.060
do about this and putting forth

33:56.069 --> 33:58.400
something that is essentially outside

33:58.410 --> 34:01.050
of the box with a degree of kind of

34:01.170 --> 34:04.719
coherent and relevant talking points

34:04.729 --> 34:06.959
associated with that to make the case

34:06.969 --> 34:09.080
for that piece knowing full well that

34:09.080 --> 34:11.302
it's not that idea that's going to lead

34:11.302 --> 34:13.247
itself to the president's desk for

34:13.247 --> 34:15.358
signature . It's simply the beginning

34:15.358 --> 34:17.419
of that process that is going that

34:17.429 --> 34:19.596
you're going to have to be comfortable

34:19.596 --> 34:19.510
with and it's going to take a lot of

34:19.520 --> 34:23.199
time and it , it may post date your

34:23.209 --> 34:25.769
tenure on the hill . But ultimately ,

34:25.779 --> 34:28.428
that hopefully comes to pass . I mean ,

34:28.438 --> 34:30.868
in some ways , I feel like I hate to

34:30.878 --> 34:32.989
keep going back to it , but it's just

34:32.989 --> 34:35.156
so much a part of my life right now is

34:35.156 --> 34:37.322
seven oh two reauthorization . But the

34:37.322 --> 34:39.545
mere fact of , I feel like I'm in Hotel

34:39.545 --> 34:41.711
California because I checked in at NSA

34:41.711 --> 34:43.600
when I started out in the General

34:43.600 --> 34:45.600
Counsel's office and no matter what

34:45.600 --> 34:45.168
position I've been in , I've never been

34:45.178 --> 34:47.178
able to get myself away from this ,

34:47.178 --> 34:49.289
even though I've said , ah , six year

34:49.289 --> 34:51.456
reauthorization , I'm good . I can get

34:51.456 --> 34:53.511
my next position and I won't have to

34:53.511 --> 34:53.319
deal with this again . And here I am .

34:53.709 --> 34:56.020
Um , and it's , it's critical , it's

34:56.030 --> 34:59.330
not a bad thing . It's just , um , the ,

34:59.340 --> 35:01.250
it actually , in a way from an

35:01.260 --> 35:03.909
innovation standpoint is actually one

35:03.919 --> 35:06.790
of the few pieces as this has evolved

35:06.800 --> 35:08.522
from a counterterrorism tool ,

35:08.522 --> 35:11.280
specifically , it has gone beyond that .

35:11.290 --> 35:13.012
And I would say that it wasn't

35:13.012 --> 35:15.290
anticipated as such when Congress put

35:15.300 --> 35:17.356
it across . But it actually has been

35:17.356 --> 35:19.669
utilized by the executive branch in

35:19.679 --> 35:21.735
ways that it wasn't foreseen when it

35:21.735 --> 35:23.957
first came to pass . And I think that's

35:23.957 --> 35:26.068
a very significant benefit and a part

35:26.068 --> 35:28.068
of the discourse that we need to be

35:28.068 --> 35:30.068
open and honest and transparent and

35:30.068 --> 35:32.235
showcase the degree of value that that

35:32.235 --> 35:33.901
has for purposes of hopefully

35:33.901 --> 35:35.846
reauthorization regardless of what

35:35.846 --> 35:37.901
modifications are being discussed on

35:37.901 --> 35:40.800
the hill . Thank you . Um That's

35:40.810 --> 35:43.399
wonderful insights . And as we uh we

35:43.409 --> 35:45.760
get ready to start questions here , if

35:45.770 --> 35:47.881
you could just please raise your hand

35:47.881 --> 35:50.159
and use the microphone in front of you .

35:50.159 --> 35:52.840
Yes , sir . Hi uh Bill Whitman from Dia

35:53.010 --> 35:55.570
at my prior agency was research and

35:55.580 --> 35:57.691
development . And one of the projects

35:57.691 --> 35:59.580
they were working on was applying

35:59.580 --> 36:01.691
artificial intelligence algorithms to

36:01.691 --> 36:03.802
legal reasoning and decision making .

36:03.802 --> 36:07.620
Um So as that innovation uh analyzes

36:07.629 --> 36:09.629
the law . Uh where do you think the

36:09.639 --> 36:13.080
role of lawyers will go if that becomes

36:13.090 --> 36:16.570
a more mainstream capability to do your

36:16.580 --> 36:19.139
research for you and do a , a more

36:19.149 --> 36:22.580
accurate predictive uh decision and

36:22.590 --> 36:26.110
risk analysis , Karen . I

36:26.979 --> 36:30.850
Yeah . So um and there's a lot of

36:30.860 --> 36:33.979
energy out in the field

36:33.989 --> 36:36.479
around some of these solutions , right ?

36:36.489 --> 36:40.139
You know , and I think the role of

36:40.149 --> 36:43.320
lawyers and this is going to afflict

36:43.330 --> 36:45.409
all professions but lawyers in

36:45.419 --> 36:49.189
particular , but the ability to , as I

36:49.199 --> 36:51.209
always say , ask good questions and

36:51.219 --> 36:54.250
question good answers . Um Those are

36:54.260 --> 36:56.316
the two things we need to get really

36:56.316 --> 36:58.204
good at and the critical thinking

36:58.204 --> 37:00.316
around that and these tools are going

37:00.316 --> 37:02.427
to be really good at generating first

37:02.427 --> 37:04.600
drafts um helping us . Well , they're

37:04.610 --> 37:06.888
good , they're good at a lot of things ,

37:06.888 --> 37:08.832
but really what they're good at is

37:08.832 --> 37:10.999
automating repetitive process where we

37:10.999 --> 37:13.166
have very established clearly where we

37:13.166 --> 37:15.332
can validate and verify outcomes based

37:15.332 --> 37:17.959
on sort of well established rules and

37:17.969 --> 37:20.780
standards for performance . So like R P

37:20.790 --> 37:24.239
A robotics , certain

37:24.479 --> 37:27.290
certain of the chat bots , but where ,

37:27.300 --> 37:29.189
where we're automating repetitive

37:29.189 --> 37:31.229
process , very good . And some law

37:31.239 --> 37:34.550
falls into that category 100% . It's

37:34.560 --> 37:37.219
also really good at generating brand

37:37.229 --> 37:39.396
new insights and helping us brainstorm

37:39.396 --> 37:41.939
and problem solve in new ways , utterly

37:41.949 --> 37:45.060
new ways when we're using it for that ,

37:45.310 --> 37:47.540
I think it calls for a different kind

37:47.550 --> 37:49.606
of governance and different sorts of

37:49.606 --> 37:51.883
controls . And so the role of a lawyer ,

37:51.883 --> 37:54.419
if it's involving a question of law

37:55.070 --> 37:57.560
needs to be really critical because I

37:57.570 --> 37:59.737
think the tendency of these tools even

37:59.737 --> 38:01.848
as they get better and better . And I

38:01.848 --> 38:04.070
like to think about what are the issues

38:04.070 --> 38:06.237
going to be when it's GPT 12 , right ?

38:06.237 --> 38:08.348
You know , the technology is fine and

38:08.348 --> 38:10.570
there's a whole bunch of questions that

38:10.570 --> 38:12.737
get harder , the better the technology

38:12.737 --> 38:14.848
gets , right ? And one of them is how

38:14.848 --> 38:14.750
do we tell the difference between a

38:14.760 --> 38:17.060
solid answer and a not solid answer ?

38:17.320 --> 38:20.560
How do we , how do we tell when we ,

38:20.570 --> 38:22.626
when the answer we've been served is

38:22.626 --> 38:25.030
overly , is basically over fitted ,

38:25.580 --> 38:27.636
right ? I mean to use an algorithmic

38:27.636 --> 38:30.010
concept , but I think the tendency of

38:30.020 --> 38:32.760
these tools is to over fit . And so as

38:32.770 --> 38:36.639
lawyers , we , we run the risk of ,

38:36.649 --> 38:39.300
of operating with blinders if we're not

38:39.310 --> 38:41.366
sort of always forcing that aperture

38:41.366 --> 38:43.689
open a little bit to consider other

38:43.699 --> 38:46.739
possibilities and other um other

38:46.750 --> 38:49.760
solution sets with that answer the

38:49.810 --> 38:52.780
question , I would defer , I do think

38:52.790 --> 38:54.901
that answers the question I would say

38:54.901 --> 38:57.199
too . I think , I think we've talked

38:57.209 --> 38:59.376
about this , but there's been a couple

38:59.376 --> 39:01.350
of judicial opinions in different

39:01.360 --> 39:03.389
jurisdictions that have at least

39:03.399 --> 39:06.919
originated with a large language

39:06.929 --> 39:09.830
model . And as that begins to happen ,

39:09.840 --> 39:12.350
it's going to be very interesting the

39:12.360 --> 39:14.629
relationship between the technology ,

39:14.639 --> 39:18.429
the clerks and the courts and just

39:19.929 --> 39:21.899
quick , just point of caution for

39:21.909 --> 39:24.530
anybody who's using it now is it's the

39:24.540 --> 39:26.596
better perspective on this . Is that

39:26.596 --> 39:28.429
anything you put up there is not

39:28.429 --> 39:30.651
privileged . So if it's confidential or

39:30.651 --> 39:32.818
if it's attorney client privilege , it

39:32.818 --> 39:34.873
should not go into any of these chat

39:34.873 --> 39:37.096
tools that are the generic chat tools .

39:37.096 --> 39:36.689
I'm sure you have your own chat tools .

39:36.699 --> 39:38.921
But , but , but , but , but , and , and

39:38.921 --> 39:41.143
this is something that , that companies

39:41.143 --> 39:43.199
are dealing with , you know , up and

39:43.199 --> 39:45.143
down with lots of cautionary tales

39:45.143 --> 39:48.989
about that . Any , any

39:49.000 --> 39:51.250
other questions , sir ?

39:53.229 --> 39:55.285
I think this is probably for Brett ,

39:55.285 --> 39:57.396
but just as , as you walk through the

39:57.396 --> 39:59.673
acronym soup of your career . And , uh ,

39:59.673 --> 40:02.479
setting aside seven oh two , I , if you

40:02.489 --> 40:06.310
could just wave your magic wand and

40:06.320 --> 40:09.469
say there are one or two pieces of

40:09.479 --> 40:12.270
critical legislation , critical laws

40:12.280 --> 40:14.336
that could be passed that would help

40:14.336 --> 40:16.580
protect the national security of the

40:16.590 --> 40:19.570
United States in the cyber domain . And

40:19.580 --> 40:21.802
you could actually make it happen , cut

40:21.802 --> 40:23.969
through the partisanship . What , what

40:23.969 --> 40:26.136
would those things be that you would ,

40:26.136 --> 40:28.302
that you would think would really help

40:28.302 --> 40:30.524
us that could pass as a matter of law .

40:30.524 --> 40:33.580
That's a tough one . I think um one and

40:33.590 --> 40:35.760
I I know tangentially it becomes more

40:35.770 --> 40:38.449
of a , it's not directly related

40:38.459 --> 40:40.570
necessarily , but I think it provides

40:40.570 --> 40:42.626
predictability as a national privacy

40:42.626 --> 40:44.737
law . I think that that one is just a

40:44.737 --> 40:46.792
very significant , very tough nut to

40:46.792 --> 40:49.060
crack and you might get to 50 different

40:49.070 --> 40:51.348
models of that before Congress is like ,

40:51.348 --> 40:53.570
oh , now we got to the business case is

40:53.570 --> 40:55.403
going to be , we can't operate ,

40:55.403 --> 40:57.292
especially when the international

40:57.292 --> 40:59.459
context even becomes more fragmented .

40:59.729 --> 41:01.229
So that's one piece from a

41:01.229 --> 41:03.780
predictability standpoint . And I think

41:04.939 --> 41:06.995
I'm not holding out hope that that's

41:06.995 --> 41:09.106
going to happen . But I do think that

41:09.106 --> 41:11.217
that's a significant issue that needs

41:11.217 --> 41:14.530
to be dealt with the other , I think is

41:14.540 --> 41:16.596
it relates to the cyber strategy . I

41:16.596 --> 41:18.879
think putting responsibilities upon the

41:18.889 --> 41:20.778
businesses themselves in terms of

41:20.899 --> 41:24.330
baking in and not adding on as it

41:24.340 --> 41:26.118
relates to bolting on , right ,

41:26.118 --> 41:28.750
security , but having security be baked

41:28.760 --> 41:31.870
in and yes , in the end , that likely

41:31.879 --> 41:35.560
will force say the cost model like

41:35.570 --> 41:38.590
increase to some extent . But I think

41:38.600 --> 41:41.330
that unfortunately , I think , I think

41:41.340 --> 41:43.562
that there needs to be a consensus upon

41:43.562 --> 41:46.590
that . And I think if you will and this

41:46.600 --> 41:49.449
isn't a legislative fix , but the , the ,

41:49.459 --> 41:52.590
the more the , the real crux of this

41:53.610 --> 41:55.332
honestly is the jurisdictional

41:55.332 --> 41:58.129
component within the hill , everybody

41:58.139 --> 42:01.169
has a piece of cyber . So if you ,

42:01.179 --> 42:03.235
unless you solve that , by virtue of

42:03.235 --> 42:05.457
saying there is a select cyber security

42:05.457 --> 42:07.123
committee or something , some

42:07.123 --> 42:09.346
instantiation of that , which naturally

42:09.346 --> 42:11.568
leads people to abdicate authority that

42:11.568 --> 42:13.568
their committee has and put it into

42:13.568 --> 42:15.790
this body that they might not be a part

42:15.790 --> 42:19.489
of so politically . It's a mine , I

42:19.500 --> 42:21.719
don't know whether or not you're the

42:21.729 --> 42:24.030
difficulty of getting to a consensus on

42:24.040 --> 42:26.889
any matter is significant . But I think

42:26.899 --> 42:28.843
the privacy piece and I also think

42:28.909 --> 42:32.310
baking in security from a coding

42:32.320 --> 42:35.409
perspective , especially from the I O T

42:35.419 --> 42:37.969
piece is just , I think it's going to

42:37.979 --> 42:40.035
be driven by cases where somebody is

42:40.035 --> 42:42.189
going to realize , oh my God , my so

42:42.199 --> 42:44.310
and so device that talks to my garage

42:44.310 --> 42:46.199
door and my refrigerator all of a

42:46.199 --> 42:48.459
sudden is going haywire or being used

42:48.469 --> 42:50.889
in some nefarious way . And that then

42:50.899 --> 42:52.899
leads to a public outcry which then

42:52.899 --> 42:55.066
they say , well , why didn't this have

42:55.066 --> 42:57.232
it in the first place ? But I think we

42:57.232 --> 42:56.909
should be proactive because we

42:56.919 --> 42:58.808
understand that that in fact is a

42:58.808 --> 43:01.030
significant vulnerability . That's what

43:01.030 --> 43:04.760
I could , I just add to that hugely

43:04.770 --> 43:07.580
important to get all that , right . The

43:07.590 --> 43:09.534
people part of this is also really

43:09.534 --> 43:11.810
important and there's , there's , I

43:11.820 --> 43:13.876
mean , obviously in security , we've

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known that for a long time , that's the

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weakest link . Also true in A I policy

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also true in data protection , right ?

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And so not , not neglecting to , I

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don't know if it's regulation , but

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we're incentivizing people to really

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invest in the training , the controls ,

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the support , the kind of work flows

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that are required to support a

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workforce and a customer base in a

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world that is going to be that

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connected and that exposed

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Corey Karen Brett . Thank you . What a

43:48.250 --> 43:50.361
wonderful conversation on the role of

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lawyers . I know we certainly enjoyed

43:52.719 --> 43:54.775
that on behalf of Colonel Hayden and

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the Office of the Staff Judge Advocate .

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I know

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we are on break until 14 30 .

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Yeah , I would like to introduce you to

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the newest Sub Unified Command in the

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Department of Defense on December 19

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2022 General Nakai presided over a

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ceremony formally establishing the

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Cyber National Mission Force as a sub

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Unified command under the United States .

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Cyber Command following Secretary

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Austin's direction . Earlier that year ,

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the Cyber National Mission Force or CNF

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is a joint command available to the

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United States . Cyber Command to

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respond to its toughest challenges us .

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Cyber com established CNF in 2014 .

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Recognizing the need for an agile

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enough force to respond to any crisis

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at any time , composed of highly

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trained and qualified cyber operators

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drawn from across the services . Today ,

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the Cyber National Mission Force is

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composed of 39 joint cyber teams

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organized across six task forces

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consisting of soldiers , sailors ,

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airmen , marines , coast guard men ,

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guardians and Air force . NSA and dia

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civilians . CMFS . Mission is to plan

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direct and synchronize full spectrum

45:23.409 --> 45:26.429
cyberspace operations to deter disrupt

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and if necessary defeat adversary Cyber

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and Malign influence actors . The Cyber

45:31.989 --> 45:34.045
National Mission force conducts full

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spectrum operations including offensive ,

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defensive and information operations .

45:39.280 --> 45:41.739
CNF supports us . Cyber command and

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national priorities such as election

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defense , counter ransomware , global

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cyber security threat , hunt operations

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and other operations of national

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importance . CNF works closely with

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other partners in the United States

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government . The Cyber National Mission

45:58.861 --> 46:02.149
Force works routinely with the FBI DHS

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NSA and others to defend the nation .

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These partnerships are vital to defend

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the nation . Each agency possesses

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differing authorities and capabilities ,

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the ability to quickly share

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information to leverage the appropriate

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authorities secures the nation and

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keeps our adversaries off guard ,

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engaging them as far forward in

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cyberspace as possible . The Cyber

46:23.669 --> 46:25.502
National Mission Force is on the

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cutting edge of legal operations in the

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Cyber Domain since its inception , CNF

46:30.330 --> 46:32.330
continues to drive the evolution of

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cyber operations . There has never been

46:34.600 --> 46:36.600
a better time to join the CNF legal

46:36.600 --> 46:39.020
team . The elevation of the Cyber

46:39.030 --> 46:41.252
National Mission Force to a sub unified

46:41.252 --> 46:43.586
command represents a unique opportunity .

46:43.586 --> 46:45.808
With the elevation of the command , the

46:45.808 --> 46:47.919
command judge advocate became a staff

46:47.919 --> 46:50.086
judge advocate . Currently , the staff

46:50.086 --> 46:52.252
judge advocate conducts the full range

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of legal operations primarily focused

46:54.363 --> 46:57.030
on operational law in the future . The

46:57.040 --> 46:59.096
office will assume much of the other

46:59.096 --> 47:01.318
legal support currently provided by the

47:01.318 --> 47:03.373
US Cyber Command office of the Staff

47:03.373 --> 47:05.510
Judge Advocate . As a plank holder in

47:05.520 --> 47:08.750
the CNJ , you will have an opportunity

47:08.760 --> 47:11.169
to advise on unique and novel issues

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that have a direct impact on national

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events . There are a few other

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organizations in the government where

47:17.361 --> 47:19.361
you will be exposed to the types of

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issues that we see on a daily basis .

47:21.780 --> 47:23.558
Although we primarily advise on

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operational issues . An attorney with

47:25.679 --> 47:27.989
CNF needs to have a broad understanding

47:28.000 --> 47:30.729
across the legal spectrum operations do

47:30.739 --> 47:33.429
not take place in isolation , fiscal

47:33.439 --> 47:35.159
contract , administrative and

47:35.169 --> 47:37.409
international law affect military

47:37.419 --> 47:40.320
operations . The CNF needs attorneys

47:40.330 --> 47:42.386
that are creative enough to link the

47:42.386 --> 47:44.219
various authorities together and

47:44.219 --> 47:46.108
present creative solutions to our

47:46.108 --> 47:47.941
clients . If you are a motivated

47:47.941 --> 47:49.997
attorney that can work independently

47:49.997 --> 47:52.052
with little guidance , we would love

47:52.052 --> 47:54.219
for you to apply to become a member of

47:54.219 --> 47:55.469
the Cyber National Mission Force .

