Tue. Mar 21st, 2023

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

Tim brilliantly describes the mindset 1 should have to lawyer in the tech space.  Amongst other points, he’s an enthusiastic advocate of what I consider is a essential notion in any type pf practice, but particularly with respect to today’s higher-tech globe: the significance of understanding the client’s ‘business’ so to speak.  He says:

“So my thesis currently is that understanding technologies is an ethical crucial for practitioners and policymakers in the realm of national safety. In other words, we can not just preserve our heads in the sand.

And whilst the lawyer does not have to be certified to style the method, some familiarity with the technologies will support them preserve up with the conversation and be improved lawyers.”

Tim tends to make the case clearly when he later says

“There’s a sensible cause on why you want to fully 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 guidelines it has to comply with, or whether or not you could in fact deduce if it complies with domestic, international law, or the authorities that have been granted to you?”

At a different point he discusses is ABA Model Rule 1.three

“The rule states that “a lawyer shall act with affordable diligence and promptness in representing a client.” If you do not fully grasp the technologies, normally, this rule is often focused on the second element, the promptness in representing the client. It is all about returning telephone calls and creating positive you are staying in get in touch with with them.”

“But you also have to do affordable diligence. You have to have affordable diligence. And when you consider about it, if you do not fully grasp the technologies, how do you know the points that you want to be diligent about, and how do you know the points you do not want to be diligent about?”

“The subsequent 1 is possibly my preferred. This is rule two.1, Advisor. It says, ‘In representing a client, a lawyer shall physical exercise independent expert judgment and render candid assistance. 

In rendering assistance, a lawyer may perhaps refer not only to the law, but to other considerations, such as moral, financial, social, political elements that may perhaps be relevant in a client’s circumstance.’”

“This is crucial. Notice the rule is referred to as Advisor. It is not referred to as Legal Advisor. It is referred to as Advisor.”

“In other words, the law, the rule, contemplates that we go beyond just seeing– merely becoming encyclopedias of legal know-how, particularly when law is actually at their fingertips. Our job is to go beyond the law. It is to give them sort of a extra extensive view, taking in a lot of various elements and providing them assistance, considering all these elements.”

This truly is just a pretty short sampling of the quite a few insights Tim shared with the audience, but what was particularly worthwhile about his presentation was that in the latter portion he also outlined some of the substantive matters lawyers want to fully grasp about cyber and AI. 

You will truly understand a lot if you devote an hour listening to this 1!

Once more, the video for your listening/watching is identified 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, exactly where he teaches Cyberlaw, Law for Air Force Officers, and the Legal Research Capstone Course.  He also serves as the Director of USAFA’s Law, Technologies, and Warfare Analysis Cell.  He graduated Summa  Cum Laude from Creighton University with a Bachelor of Science degree in Mathematics. In Could 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 Could 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 Employees College.


The views and opinions expressed 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 Safety, or Duke University.  See also right here.

Recall what we like to say on Lawfire®: collect the information, examine the law, evaluate the arguments – and then determine for your self! 

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