The Centaur's Dilemma: National Security Law for the Coming AI Revolution

by James E. Baker

Overview

Assessing the legal and practical questions posed by the use of artificial intelligence in national security matters

The increasing use of artificial intelligence poses challenges and opportunities for nearly all aspects of society, including the military and other elements of the national security establishment. This book addresses how national security law can and should be applied to artificial intelligence, which enables a wide range of decisions and actions not contemplated by current law.

James Baker, an expert in national security law and process, adopts a realistic approach in assessing how the law—even when not directly addressing artificial intelligence—can be used, or even misused, to regulate this new technology. His new book covers, among other topics, national security process, constitutional law, the law of armed conflict, arms control, and academic and corporate ethics. With his own background as a judge, he examines potential points of contention and litigation in an area where the law is still evolving and might not yet provide clear and certain answers. The Centaur's Dilemma also analyzes potential risks associated with the use of artificial intelligence in the realm of national security—including the challenges of machine-human interface, operating (or not operating) the national-security decision-making process at machine speed, and the perils of a technology arms race.

Written in plain English, The Centaur's Dilemma will help guide policymakers, lawyers, and technology experts as they deal with the many legal questions that will arise when using artificial intelligence to plan and carry out the actions required for the nation's defense.

Product Details

ISBN-13:	9780815737995
Publisher:	Rowman & Littlefield Publishers, Inc.
Publication date:	12/01/2020
Pages:	336
Product dimensions:	5.99(w) x 8.79(h) x 0.86(d)

About the Author

James E. Baker is director of the Syracuse University Institute for Security Policy and Law and a professor at the Syracuse College of Law and the Maxwell School of Citizenship and Public Affairs. He served as judge on the United States Court of Appeals for the Armed Forces (2000–2015) and as a legal adviser to the National Security Council (1994–2000). He is the author of In the Common Defense: National Security Law for Perilous Times and co-author of Regulating Covert Action.

Table of Contents

Acknowledgments ix

1 Introduction The Centaur's Dilemma 1

Part I The Centaur's Dilemma

2 The New Electricity: What is Artificial Intelligence? 11

3 The Perfect Sentinel: National Security Applications 30

4 Sitting on a Hot Frying Pan National Security Implications Of Al 46

Part II The Centaur's Choice

5 Toward a Legal Framework 69

6 Constitutional Law 95

7 Statutory Regulation of the National Technology Industrial Base 143

8 Arms Control by Analogy 178

9 The Means and Methods of War: Additional Analogies and Potential Applications 225

10 Completing the Template: Ethics, Codes, Guidelines, and Corporate Security Responsibilty 254

11 The Centaur's Choice: Conclusion 283

Notes 293

Index 311

Editorial Reviews

“In this insightful book, James Baker covers a broad range of legal dilemmas surrounding artificial intelligence in ways that will be accessible to national security policymakers and legal generalists, while also useful to technologists and specialists in government, academia, and industry. Drawing on vivid historical cases, Baker shows how society can govern technology, rather than the other way around.”—Jason Matheny, founding director, Center for Security and Emerging Technology, Georgetown University; commissioner, National Security Commission on Artificial Intelligence; and former assistant director of National Intelligence and director of IARPA

“An incredibly important and timely contribution. AI fielding is rapidly outpacing the resolution of critical legal, policy, safety, and ethics questions. Baker provides both a superb AI primer and a comprehensive, compelling framework for tackling these tough questions and optimizing the human-machine team.”—Lt. Gen. John N.T. “Jack” Shanahan (USAF, Ret.); inaugural director, Joint Artificial Intelligence Center, Department of Defense, 2018–2020

From the Publisher