The Lawfare Podcast: Patreon Edition - The Lawfare Institute

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Cyber in the CIA with CIA Deputy Director David Cohen May 01, 2023

Show notes

David Cohen is the Deputy Director of the Central Intelligence Agency, a position he held also during the Obama administration. He's also been Under Secretary for Terrorism and Financial Intelligence in the Department of the Treasury and a partner at the WilmerHale law firm.

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 David to talk about his career, including taking the same job twice; the coming debate about the FISA Amendments Act reauthorization; relationships between CIA and other U.S. government elements, particularly in cyber; the new CIA Transnational and Technology Mission Center; and the strategic competition between the United States and the People's Republic of China.

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Chatter: Space Diplomacy and Satellite Data with Mariel Borowitz Apr 30, 2023

Show notes

As satellites around the planet proliferate, the tug they feel from international tensions seems to rival the gravitational pull exerted by the Earth itself. On issues from Space Traffic Management to scientific data sharing, the need for global cooperation is high but rarely easy.

Dr. Mariel Borowitz is head of the Program on International Affairs, Science, and Technology at Georgia Tech's Sam Nunn School of International Affairs, where she is an Associate Professor, and author of “Open Space: The Global Effort for Open Access to Environmental Satellite Data,” which dives deeply into the history of government agencies' and international organizations' tough choices about when and how to share scientific information collected by various orbiting platforms.

David Priess chatted with her about space diplomacy as a domain; auroras and satellites; the Artemis crew; the Space Force; the James Webb Space Telescope; working at NASA headquarters; the changing nature of satellite constellations; Starlink; Space Situational Awareness and Space Traffic Management; countries' choices about making data from satellites freely available; the evolution of LANDSAT; the history of satellite data sharing by entities in the United States, Europe, Russia, China, Japan, and India; the inhibiting effects of Russia's war in Ukraine; commercialization of satellite systems; how to grow space diplomats; and more.

Among the works mentioned in this episode:

The movie 2001
The movie 2010
The movie The Martian
The TV show The Expanse
The movie Arrival
Queen guitarist Brian May's work on the New Horizons mission
The Chatter podcast episode Satellites, Space Debris, and Hollywood with Aaron Bateman
The movie Gravity

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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Lawfare Archive: Elizabeth Shackelford on 'The Dissent Channel' Apr 29, 2023

Show notes

From May 13, 2020: Scott R. Anderson sat down with Elizabeth Shackelford, a former foreign service officer whose late 2017 resignation became a sign of growing discontent with the Trump administration within the diplomatic corps. They talked about her new book, "The Dissent Channel," out this week, which discusses her experience as a young diplomat living through a period of crisis in South Sudan, and the lessons it taught her about diplomacy, human rights and the role of the United States in the world.

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An Interview with Meta’s Chief Privacy Officers Apr 28, 2023

Show notes

In 2018, news broke that Facebook had allowed third-party developers—including the controversial data analytics firm Cambridge Analytica—to obtain large quantities of user data in ways that users probably didn’t anticipate. The fallout led to a controversy over whether Cambridge Analytica had in some way swung the 2016 election for Trump (spoiler: it almost certainly didn’t), but it also generated a $5 billion fine imposed on Facebook by the FTC for violating users’ privacy. Along with that record-breaking fine, the FTC also imposed a number of requirements on Facebook to improve its approach to privacy.

It’s been four years since that settlement, and Facebook is now Meta. So how much has really changed within the company? For this episode of Arbiters of Truth, our series on the online information ecosystem, Lawfare Senior Editors Alan Rozenshtein and Quinta Jurecic interviewed Meta’s co-chief privacy officers, Erin Egan and Michel Protti, about the company’s approach to privacy and its response to the FTC’s settlement order.

At one point in the conversation, Quinta mentions a class action settlement over the Cambridge Analytica scandal. You can read more about the settlement here. Information about Facebook’s legal arguments regarding user privacy interests is available here and here, and you can find more details in the judge’s ruling denying Facebook’s motion to dismiss.

Note: Meta provides support for Lawfare’s Digital Social Contract paper series. This podcast episode is not part of that series, and Meta does not have any editorial role in Lawfare.

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Parloff and Buchman on the Proud Boys Trial Apr 27, 2023

Show notes

The Proud Boys trial has gone to the jury. It is the longest Jan. 6 case to date and the third case to involve seditious conspiracy charges against senior Proud Boys and folks who ended up being the pointy end of the spear on Jan. 6, 2021. Two reporters have sat through the entire case: Lawfare Senior Editor Roger Parloff, and Brandi Buchman, who covered the case for the emptywheel site. Lawfare Editor-in-Chief Benjamin Wittes sat down with them to go over the trial, what case the government presented against Enrique Tarrio and his colleagues, the defenses, the holes in the case, and what we can reasonably expect from the jury.

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Eugene Volokh on AI Libel Apr 26, 2023

Show notes

If someone lies about you, you can usually sue them for defamation. But what if that someone is ChatGPT? Already in Australia, the mayor of a town outside Melbourne has threatened to sue OpenAI because ChatGPT falsely named him a guilty party in a bribery scandal. Could that happen in America? Does our libel law allow that? What does it even mean for a large language model to act with "malice"? Does the First Amendment put any limits on the ability to hold these models, and the companies that make them, accountable for false statements they make? And what's the best way to deal with this problem: private lawsuits or government regulation?

On this episode of Arbiters of Truth, our series on the information ecosystem, Alan Rozenshtein, Associate Professor of Law at the University of Minnesota and Senior Editor at Lawfare, discussed these questions with First Amendment expert Eugene Volokh, Professor of Law at UCLA and the author of a draft paper entitled "Large Libel Models.”

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Ashley Merryman on the ‘Dangerous’ Cycle of Pentagon Sexual Harassment Policy Apr 25, 2023

Show notes

April is Sexual Assault Awareness and Prevention month. It’s a time—recognized by civilian and U.S. military communities—intended to promote the prevention of sexual violence, especially in U.S. armed forces. In light of Sexual Assault Awareness and Prevention month, Lawfare Associate Editor Katherine Pompilio sat down with author and attorney Ashley Merryman, who previously served at the Pentagon as Special Advisor for the Department of the Navy’s Sexual Assault Prevention and Response Office. They discussed the prevalence of sexual assault and harassment at U.S. military academies, the dangerous shortcomings of the Pentagon's “lowest level” policy to address sexual harassment, how the policy came to be and why it persists, and policy recommendations for the future.

Listener discretion is advised. This episode contains discussion of sexual harassment and assault.

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Polina Ivanova on Evan Gershkovich’s Detention Apr 24, 2023

Show notes

Evan Gershkovich has been in Russian detention for the last several weeks. He is a reporter for the Wall Street Journal, and he’s the latest American taken hostage by the Vladimir Putin regime. His good friend Polina Ivanova is a reporter for the Financial Times, a colleague of Evan’s in Russia, and has been an outspoken advocate for his release.

She joined Lawfare Editor-in-Chief Benjamin Wittes from Berlin to talk about Evan: who he is, why he has been detained by the Russians, what we know about his conditions in prison, and what it will take to get him home.

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Rational Security: The “Catch More Flies with Shugerman” Edition Apr 23, 2023

Show notes

This week on Rational Security, Alan, Quinta, and Scott were joined by law professor extraordinaire Jed Shugerman to talk over his controversial take on the New York district attorney's case against former President Trump, among other items in the week's national security news, including:

“If You Come at the King, You Best Not Whiff.” Former President Trump’s indictment on 34 counts of falsifying business records in the first degree under New York state law earlier this month has triggered a firestorm of controversy, with several commentators accusing New York district attorney Alvin Bragg of advancing a weak or flawed case. What should we make of Bragg’s case based on what we know so far? And what more information should we be looking for?
“Factual Malice.” Fox News has settled the defamation lawsuit being pursued against it by Dominion Voting Systems for a record $787.5 million—but without having to make an on-air acknowledgement of its false statements. Does this settlement deal do justice? Should Dominion have proceeded differently?
“Secret Chinese Agents, Huh?” Federal prosecutors have arrested two individuals in Brooklyn for operating a “secret police station” on behalf of the People’s Republic of China’s internal security forces, aimed at investigating and intimidating dissidents and other disfavored individuals. How should the United States and other governments approach these China-backed presences? Is criminal prosecution the right tool?

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Lawfare Archive: 'National Security, Leaks and Freedom of the Press' Apr 22, 2023

Show notes

From April 20, 2021: Jack Goldsmith sat down with Lee Bollinger, the president of Columbia University, and Geoffrey Stone, the Edward H. Levy Distinguished Service Professor at the University of Chicago Law School, to discuss their new book, "National Security, Leaks and Freedom of the Press: The Pentagon Papers Fifty Years On." They discussed the holding and legacy of the Pentagon Papers case, as well as some of the many challenges of applying the Pentagon Papers regime in the modern digital era that is characterized by massive leaks and a very different press landscape than the one that prevailed in 1971.

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