The topic of “secret law” is probed at great length in a new law review paper, which substantiates the concept and suggests a set of principles for addressing it. See “Coming to Terms with Secret Law” by Dakota S. Rudesill, to be published in the Harvard National Security Journal.
Secret law is defined here as “legal authorities that require compliance [but] that are classified or otherwise withheld from the public.”
The paper provides extensive citations to relevant source material (including a few references to Secrecy News), thoughtful consideration of arguments for and against the status quo, and a novel compilation of congressional reports that include classified addenda. (h/t Lawfare)
By preparing credible, bipartisan options now, before the bill becomes law, we can give the Administration a plan that is ready to implement rather than another study that gathers dust.
Even as companies and countries race to adopt AI, the U.S. lacks the capacity to fully characterize the behavior and risks of AI systems and ensure leadership across the AI stack. This gap has direct consequences for Commerce’s core missions.
The last remaining agreement limiting U.S. and Russian nuclear weapons has now expired. For the first time since 1972, there is no treaty-bound cap on strategic nuclear weapons.
As states take up AI regulation, they must prioritize transparency and build technical capacity to ensure effective governance and build public trust.