March 29, 2023 10:29 pm

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

Tim brilliantly describes the mindset one particular have to have to lawyer in the tech space.  Amongst other factors, he’s an enthusiastic advocate of what I feel is a crucial notion in any type pf practice, but specifically with respect to today’s higher-tech planet: the significance of understanding the client’s ‘business’ so to speak.  He says:

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

And although the lawyer does not have to be certified to style the program, some familiarity with the technologies will aid them maintain up with the conversation and be far better lawyers.”

Tim tends to make the case clearly when he later says

“There’s a sensible cause on why you want to comprehend the technologies. For instance, if you do not know how a cyber exploit functions, how would you be capable to advise a cyber operator how do it lawfully, what guidelines it has to comply with, or no matter whether you could in fact deduce if it complies with domestic, international law, or the authorities that have been granted to you?”

At an additional 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 comprehend the technologies, normally, this rule is normally focused on the second portion, the promptness in representing the client. It is all about returning telephone calls and creating confident you are staying in make contact with with them.”

“But you also have to do affordable diligence. You have to have affordable diligence. And when you feel about it, if you do not comprehend the technologies, how do you know the factors that you will need to be diligent about, and how do you know the factors you do not will need to be diligent about?”

“The subsequent one particular is possibly my favourite. This is rule two.1, Advisor. It says, ‘In representing a client, a lawyer shall physical exercise independent specialist judgment and render candid tips. 

In rendering tips, 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 critical. Notice the rule is named Advisor. It is not named Legal Advisor. It is named Advisor.”

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

This genuinely is just a extremely short sampling of the quite a few insights Tim shared with the audience, but what was specifically worthwhile about his presentation was that in the latter portion he also outlined some of the substantive matters lawyers will need to comprehend about cyber and AI. 

You will genuinely find out a lot if you devote an hour listening to this one particular!

Once more, the video for your listening/watching is discovered 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.

Try to remember what we like to say on Lawfire®: collect the details, examine the law, evaluate the arguments – and then make a decision for oneself! 

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