Caremark does not require directors to prevent every AI failure. But it may require an information-and-reporting system capable of detecting consequential changes after deployment and escalating them to someone who can act. The hardest oversight question presented by adaptive AI is not whether directors can understand a model’s source code. It is whether the corporation has a reliable way to learn when a consequential system has materially changed, determine whether the change matters, and place the issue before someone with authority to act. A recent Delaware case involving overdraft fees, not AI, offers a useful analogy. In Brewer v. Turner, the court allowed a shareholder derivative suit to proceed against more than a dozen current and former directors of...
Cyber resilience isn’t about building walls that never break; it’s about building organizations that never bend. The rules of the game have changed, and the world isn’t waiting for anyone to catch up. From the battlefields of Ukraine to the powder keg of the Middle East, geopolitical shockwaves are hitting Western digital infrastructure harder than ever before. This isn’t a drill. It’s the ultimate stress test. Russia and Iran aren’t breaking down the door; they’re walking right through it. By mastering Living-off-the-Land tactics and turning identity itself into a weapon, they’ve made traditional security perimeters obsolete overnight. For NATO, this isn’t a wake-up call. It’s a transformation-or-fail moment. Fragmented defenses against unified attackers aren’t a strategy; it's surrender. True resilience...
Beneath every app you open, every transaction you make, and every message you send lies a hidden architecture that most people will never see: Open-source software (OSS), the silent engine powering nearly 97% of all software in existence today. But the very qualities that make it so revolutionary carry within them the seeds of a profound paradox: the same transparency and collaborative spirit that accelerate cybersecurity innovation also give rise to systemic vulnerabilities and economic externalities that no single actor is equipped to manage alone. This write-up argues that while OSS remains the primary driver of cybersecurity innovation, its decentralized nature demands more than community goodwill to sustain; it requires a hybrid policy architecture, one that pairs market incentives with deliberate...
In “Strengths Become Vulnerabilities”, the authors begin by drawing an analogy to the extensive road network of the Roman Empire. While this infrastructure initially enabled unprecedented administrative coordination, economic integration, and military mobility across multiple continents, it ultimately exposed the empire tovulnerabilities that contributed to its decline. In the context of the US, the central argument advanced by Jack Goldsmith and Stuart Russell is that the foundational pillars of the American “temple” - free speech, privacy, the rule of law, and a free market - simultaneously constitute a point of entry for actors seeking to undermine the system. ...
The shift from robots as mere tools to autonomous agents represents a profound transformation that goes beyond technology, fundamentally rewriting the rules of human labor, identity, and social interaction. When robots move from the factory cage into our homes, hospitals, and minds, they stop being “things” and start being “participants”. Traditionally, humans were the sole architects of decision-making. As we delegate “interventional” power to machines, meaning allowing AI to not just recommend but act, make decisions, or alter system sets, the nature of accountability changes. The shift from the “Human-in-the-Loop” often becomes a “Human-on-the-Loop” or vanishes entirely, thereby creating a vacuum in our traditional systems of ethics and law. In traditional systems, when a machine fails, a human operator is...
