Lawfare Daily: The Double Black Box: Ashley Deeks on National Security AI

Lawfare Senior Editor Alan Rozenshtein sits down with Ashley Deeks, the Class of 1948 Professor of Scholarly Research in Law at the University of Virginia School of Law, to discuss her new book, “The Double Black Box: National Security, Artificial Intelligence, and the Struggle for Democratic Accountability.” They talk about the core metaphor of the book: the idea that the use of artificial intelligence in the national security space creates a "double black box." The first box is the traditional secrecy surrounding national security activities, and the second, inner box is the inscrutable nature of AI systems themselves, whose decision-making processes can be opaque even to their creators.

They also discuss how this double black box challenges traditional checks on executive power, including from Congress, the courts, and actors within the executive branch itself. They explore some of Deeks's proposals to pierce these boxes, the ongoing debate about whether AI can be coded to be more lawful than human decision-makers, and why the international regulation of national security AI is more likely to resemble the fraught world of cyber norms than the more structured regime of nuclear arms control.

Mentioned in this episode:

• "National Security AI and the Hurdles to International Regulation" by Ashley Deeks on Lawfare
• "Frictionless Government and Foreign Relations" by Kristen Eichensehr and Ashley Deeks in the Virginia Law Review

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