The Hogan Lovells National Security Podcast

Episode 16: Outbound Investment Screening

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

Episode 15: Information Flows and Secrecy: Where is the Chinese Foreign Minister?

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

Episode 14: The Nuclear Power Industry and National Security

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

Episode 13: Quantum Computing

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

Episode 12: Open Source Intelligence (OSINT)

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

Episode 11: Artificial Intelligence (AI)

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

Episode 10: Classified Information and Leaks

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