• Sat. Apr 1st, 2023

AI and Cyber” – Lawfire


Mar 18, 2023

Today’s podcast is the newest episode of our series from Duke’s 28th Annual National Security Law Conference.  It traits the Air Force Academy’s Lt Col Tim Goines who presents us a surely intriguing presentation on “Ethics and the New Technologies of War: AI and Cyber” 

Tim brilliantly describes the mindset a single distinct will have to have to lawyer in the tech space.  Amongst other components, he’s an enthusiastic advocate of what I think about is a essential notion in any sort pf practice, but especially with respect to today’s larger-tech planet: the worth of understanding the client’s ‘business’ so to speak.  He says:

“So my thesis these days is that understanding technologies is an ethical vital for practitioners and policymakers in the realm of national security. In other words, we can’t just preserve our heads in the sand.

And even though the lawyer does not have to be certified to style the approach, some familiarity with the technologies will allow them preserve up with the conversation and be higher lawyers.”

Tim tends to make the case clearly when he later says

“There’s a sensible bring about on why you want to completely grasp the technologies. For instance, if you do not know how a cyber exploit operates, how would you be capable to advise a cyber operator how do it lawfully, what suggestions it has to comply with, or regardless of irrespective of whether you could really deduce if it complies with domestic, international law, or the authorities that have been granted to you?”

At an more point he discusses is ABA Model Rule 1.3

“The rule states that “a lawyer shall act with reasonably priced diligence and promptness in representing a client.” If you do not completely grasp the technologies, generally, this rule is commonly focused on the second element, the promptness in representing the client. It is all about returning phone calls and creating confident you are staying in get in touch with with them.”

“But you also have to do reasonably priced diligence. You have to have reasonably priced diligence. And when you think about about it, if you do not completely grasp the technologies, how do you know the components that you have to have to be diligent about, and how do you know the components you do not have to have to be diligent about?”

“The subsequent a single distinct is possibly my favored. This is rule two.1, Advisor. It says, ‘In representing a client, a lawyer shall exercise independent certified judgment and render candid recommendations. 

In rendering recommendations, a lawyer may well refer not only to the law, but to other considerations, such as moral, monetary, social, political elements that may well be relevant in a client’s situation.’”

“This is very important. Notice the rule is identified as Advisor. It is not identified as Legal Advisor. It is identified as Advisor.”

“In other words, the law, the rule, contemplates that we go beyond just seeing– merely having encyclopedias of legal experience, especially when law is in fact at their fingertips. Our job is to go beyond the law. It is to give them sort of a substantially additional substantial view, taking in a lot of distinct elements and offering them recommendations, considering all these elements.”

This surely is just a seriously quick sampling of the lots of insights Tim shared with the audience, but what was especially essential about his presentation was that in the latter portion he also outlined some of the substantive matters lawyers have to have to completely grasp about cyber and AI. 

You will surely study a lot if you invest an hour listening to this a single distinct!

As soon as once more, the video for your listening/watching is situated appropriate right here.

About the author:

Lt Col Timothy M. Goines serves as a Senior Military Faculty and Assistant Professor of Law, United States Air Force Academy, precisely exactly where he teaches Cyberlaw, Law for Air Force Officers, and the Legal Analysis Capstone Course.  He also serves as the Director of USAFA’s Law, Technologies, and Warfare Investigation Cell.  He graduated Summa  Cum Laude from Creighton University with a Bachelor of Science degree in Mathematics. In May well possibly 2009, Lt Col Goines graduated Cum Laude from Baylor University, College of Law.

Lt Col Goines received a Master of Laws Degree in Cyber, Space, and Telecommunications Law at the University of Nebraska Law College in May well possibly 2016. In February 2017, he completed his Masters of Arts Degree in Military Operational Art and Science (with Highest Academic Distinction) from Air Command and Workers College.


The views and opinions expressed appropriate right here are the speaker’s alone and do not necessarily reflect the official policy or position of the U.S. Air Force Academy, the Division of Defense, or any other agency of the U.S. government.

The views expressed by guest speakers do not necessarily reflect my views or these of the Center on Law, Ethics and National Security, or Duke University.  See also appropriate right here.

Bear in thoughts what we like to say on Lawfire®: gather the info, examine the law, evaluate the arguments – and then decide on for oneself! 

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