The Lawfare Podcast: Patreon Edition - The Lawfare Institute

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Charl van der Walt on Cyber Extortion Jul 11, 2023

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What are the latest trends in the ransomware-as-a-service ecosystem? Since at least May 27, the CL0P ransomware gang has been exploiting a previously unknown vulnerability to exfiltrate data from financial services organizations, energy corporations, government agencies, and even universities. The group appears to be changing tactics—while it was previously known for its use of the “double extortion” tactic of stealing and encrypting victim data, it seems to now be relying mostly on data exfiltration instead.

To discuss the latest changes in the ransomware ecosystem, Eugenia Lostri, Lawfare’s Fellow in Technology Policy and Law, sat down with Charl van der Walt, Head of Security Research at Orange Cyberdefense. Charl is one of the authors of a report analyzing recent cyber extortion activity. They talked about the ransomware-as-a-service ecosystem, the impact the Russian invasion of Ukraine had on ransomware activity in the past year, and what law enforcement is doing to disrupt cybercriminal networks.

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Eric Goldstein of DHS on All Matters Cyber Jul 10, 2023

Show notes

Eric Goldstein is the Executive Assistant Director for Cybersecurity of the U.S. Cybersecurity and Infrastructure Security Agency, having served previously as Global Head of Cybersecurity Policy Strategy and Regulation at Goldman Sachs, where he led development of the firm's cybersecurity risk management program, and in cybersecurity positions in DHS, as well as practicing cybersecurity law in the private sector.

David Kris, Lawfare Contributor and former Assistant Attorney General for the National Security Division, and Bryan Cunningham, Lawfare Contributor and Executive Director of the University of California, Irvine’s Cybersecurity Policy & Research Institute, sat down with Eric to talk about all things cybersecurity, including the U.S. National Cybersecurity Strategy and U.S. government cyber lanes in the road. Eric also discusses ransomware and what it's like for a lawyer to serve in an operational position.

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Rational Security: The “BANG! POW! SPARKLE!” Edition Jul 09, 2023

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This week on Rational Security, Alan, Quinta, and Scott sat down to talk over the week's post-Independence Day national security news, including:

“Oy Revolt.” Israel launched a major military operation aimed at uprooting terrorist bases in the refugee camp outside the city of Jenin in the West Bank this week. But as is so often the case, the operation not only proved deadly for Palestinian civilians but has become a point of controversy in the international community. What does this operation say about Israel’s security strategy?
“Nationwide Disjunction.” On July 4, a federal judge in Louisiana issued a nationwide injunction ordering the Biden administration not to engage with social media platforms over First Amendment protected speech, arising out of complaints about its handling of COVID-19 information (or misinformation). What is the basis for this order, how realistic is it, how sustainable is it, and what does it tell us about the weird legal dynamics surrounding this set of issues at the moment?
“A la Modi.” Indian President Narendra Modi is having a moment. This week he is sitting down with Chinese and Russian leaders, hosting a virtual face-to-face of the Shanghai Cooperative. This just a week after he was feted by President Biden and Congress here in Washington, D.C. What are we to make of India’s new global prominence?

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Lawfare Archive: Daniel Reisner on Law, Security, and Peace in the Middle East Jul 08, 2023

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From January 17, 2015: This week, Ben and Matt Waxman sat down with Daniel Reisner, former head of the International Law Branch of the Israeli Defense Forces and current partner with Herzog, Fox and Neeman. Reisner has also served as a senior member of Israel’s peace delegations over the years, participating in negotiation sessions and summits including those at Camp David. He continues to advise senior members of the Israeli government on a variety of issues relating to international law and operational security issues. Colonel Reisner was in New York on a visit sponsored by Academic Exchange for a series of events and discussions on contemporary national security challenges. His experiences set up a wide-ranging conversation touching on everything from the law of targeted killing to the role of morality in operational law advice.

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But Her Emails! Jul 07, 2023

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“But what about Hillary Clinton's emails,” a thousand voices have shouted since the Trump Mar-a-Lago indictment came down. It's not just politicians; it's commentators in serious magazines who seem to think that Trump's conduct is no different from that of the former secretary of state.

Lawfare Senior Editor Roger Parloff writing in Lawfare on June 26 found 703 different ways in which Trump's Mar-a-Lago conduct bears no resemblance to Clinton’s emails, and he joined Lawfare Editor-in-Chief Benjamin Wittes to talk about them. With him was Pete Strzok, a former FBI special agent who ran the Hillary Clinton email investigation. He was there to talk about the investigation, how it differed from the Trump Mar-a-Lago investigation, and whether Roger is correct that the two could not be more different.

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Chatter: Hockey, Global Politics, and Freedom with Ethan Scheiner Jul 06, 2023

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Political scientist Ethan Scheiner appeared on Chatter in early 2022, right before the Olympics in Beijing, to talk about the fascinating intersection of politics, security, and Olympic events. This week, he returns to talk about the compelling connections between hockey and international relations--with a special focus on Czechoslovakia before, during, and after the Cold War. His new book, Freedom To Win, uses the stories of a range of larger-than-life characters across several decades to describe the importance of international hockey play to the Czech and Slovak national experience and to increase awareness of a too-little-known quest for freedom from oppression.

David Priess and Scheiner discussed the broad intersection of hockey and politics, the intensity of the Swedish-Finnish rivalry on the ice, the origins of the game in Europe, how Czechoslovakian hockey players used their sport to fight back against Soviet domination, the 1969 Ice Hockey World Championships in Stockholm, prominent sports figures' defections from the Warsaw Pact countries during the Cold War, the internationalization of the US National Hockey League, hockey in the former Czechoslovakia after the end of Communist rule in Eastern Europe, and more.

Among the works mentioned in this episode:

The Chatter episode The Olympics, Politics, and Security

The book Freedom to Win: A Cold War Story of the Courageous Hockey Team that Fought the Soviets for the Soul of its People--and Olympic Gold, by Ethan Scheiner

Chatter is a production of Lawfare and Goat Rodeo. This episode was produced and edited by Cara Shillenn of Goat Rodeo. Podcast theme by David Priess, featuring music created using Groovepad.

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Ass’t Treasury Secretary Paul Rosen on the CFIUS Process Jul 06, 2023

Show notes

The Committee on Foreign Investment in the United States, or CFIUS, is one of the most important national security offices that you have probably never heard of. Responsible for reviewing foreign investment in the United States for possible national security threats, its jurisdiction and scope of work has expanded dramatically in recent years—and may be on the verge of expanding once again, as the Biden administration considers installing similar measures for outbound U.S. investment.

To discuss, Lawfare Contributing Editor Brandon Van Grack and Lawfare Senior Editor Scott R. Anderson sat down with Assistant Treasury Secretary for Investment Security Paul Rosen, whose office oversees the CFIUS process, for the first of what we are calling “The Regulators”: a special series Lawfare is co-sponsoring with our friends at the law firm Morrison Foerster, where Brandon is a partner, featuring one-on-one discussions with the senior officials that are implementing our new era of economic statecraft. They discussed how the CFIUS process works in practice, how it’s changed, and what challenges sit on the horizon, both for U.S. policymakers and the businesses they interact with.

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The Legal Arguments Behind Mike Pence’s January 6 Grand Jury Testimony Jul 05, 2023

Show notes

In April, former Vice President Mike Pence testified before a federal grand jury under subpoena as part of the special counsel’s investigation into January 6. The testimony came after the district court rejected Pence’s challenge to the validity of the subpoena under the Speech or Debate Clause of the Constitution. And now, months later, Chief Judge James Boasberg has unsealed his ruling on the matter, along with other documents related to Pence’s challenge.

When news of the subpoena first broke, Lawfare Senior Editors Molly Reynolds and Quinta Jurecic sat down with Mike Stern and Eric Columbus on the Lawfare Podcast to talk through the issues raised. Now that we have more details about just what took place, Molly and Quinta invited Mike and Eric back to discuss what they made of Pence’s argument and the court’s decision, and what this episode adds to our understanding of the Jan. 6 investigation more broadly.

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Lawfare Archive: Nate Persily and Alex Stamos on Securing American Elections Jul 04, 2023

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From June 11, 2019: More than two years after the 2016 presidential election, new information continues to seep into the public about the extent of Russia's sweeping and systematic efforts to interfere in the U.S. democratic process. With the 2020 presidential election on the horizon, last week, Stanford's Cyber Policy Center published a report on securing American elections, including recommendations on how the U.S. can protect elections and election infrastructure from foreign actors.

On Monday, Susan Hennessey spoke with two of the report's authors: Alex Stamos, director of the Stanford Cyber Policy Center's Internet Observatory and former Chief Security Officer of Facebook, and Nate Persily, Stanford law professor and expert on election administration. They talked about what happened in 2016, and the enormously complex landscape of defending not just election infrastructure but also preserving the integrity of the information ecosystems in which Americans make their decisions about how to vote, including the possible consequences of regulating foreign media.

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Tim Wu on AI Regulation Jul 03, 2023

Show notes

Until this year, Tim Wu was Special Assistant to President Biden for competition and tech policy. One of the leading thinkers in progressive approach to antitrust, Tim has since returned to Columbia Law School, where he is the Julius Silver Professor of Law, Science and Technology. Since leaving government, Tim has been offering his thoughts on how the government should regulate artificial intelligence.

Alan Rozenshtein, Associate Professor of Law at the University of Minnesota and Senior Editor at Lawfare, spoke with Tim about his experience in government, whether he's concerned about AI's existential risks, and what his priorities would be for making sure that AI serves society's, and not just the private sector's, interests.

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