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The Lawfare Podcast: Patreon Edition – The Lawfare Institute — Government
The Lawfare Podcast: Patreon Edition – The Lawfare Institute

The Lawfare Podcast features discussions with experts, policymakers, and opinion leaders at the nexus of national security, law, and policy. On issues from foreign policy, homeland security, intelligence, and cybersecurity to governance and law, we have doubled down on seriousness at a time when others are running away from it. Visit us at www.lawfaremedia.org. Hosted on Acast. See acast.com/privacy for more information.

Copyright: © The Lawfare Institute

Latest Episodes:

Fiona Hill on ‘There Is Nothing for You Here’ Nov 19, 2021

Show notes

Alexander Vindman sat down with Dr. Fiona Hill, the Robert Bosch senior fellow in the Center on the United States and Europe in the Foreign Policy program at Brookings, and the author of the new book, “There Is Nothing for You Here: Finding Opportunity in the Twenty-First Century.” They talked about Russia's military buildup along Ukraine, immigration and opportunities in the 21st century.

Hosted on Acast. See acast.com/privacy for more information.

The Facebook Oversight Board, One Year On Nov 18, 2021

Show notes

It’s been roughly a year since the Facebook Oversight Board opened its doors for business—and while you may mostly remember the Board from its decision on Donald Trump’s suspension from Facebook, but there’s been a lot going on since then. So we thought it was a good time to check in on how this experiment in platform governance is faring. In October, the Board released its first transparency report, and Facebook—now Meta—has published its own update on how it’s been responding to the Board’s decisions and recommendations. Meanwhile, Lawfare is keeping track of developments on our Facebook Oversight Board Blog, run by the inimitable Tia Sewell.

On this episode of Arbiters of Truth, our series on the online information ecosystem, Evelyn Douek and Quinta Jurecic talked about what the data shows about what cases the Board is taking, how the Board’s role seems to be evolving, and, of course, whether we’re going to have to start calling this the Meta Oversight Board, thanks to Facebook’s name change.

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Hannah Bloch-Wehba on Police Transparency Nov 17, 2021

Show notes

Hannah Bloch-Wehba is an associate professor of law at the Texas A&M School of Law. She’s also the author of a recent Lawfare post, entitled “Alternative Channels for Police Transparency.” She sat down with Jacob Schulz to talk about her Lawfare piece, the law review article that inspired it, trends in police transparency and what to do about it. What are the different sources that inhibit public access to police practice? And what trends in the second half of the 20th century left police transparency in the state that it’s in today?

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Chattering with Shane and David Nov 16, 2021

Show notes

Lawfare has a new podcast: Chatter! Hosted by none other than David Priess, publisher of Lawfare and the Lawfare Institute's chief operating officer, and Shane Harris, intelligence reporter from the Washington Post, Chatter focuses on culture, science and national security issues through long-form interviews with cool people. They joined Benjamin Wittes to talk about what they're doing with the show, what they're planning to do with the show and what sort of people they're going to bring on it.

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Roger Parloff on the Jan. 6 Capitol Riot Prosecutions Nov 15, 2021

Show notes

Roger Parloff is a senior editor at Lawfare and the author of the recent article, “What Do—and Will—the Criminal Prosecutions of the Jan. 6 Capitol Rioters Tell Us?” It is a deep dive on the demographics, the charges and the adjudications of the Capitol riot cases so far. Roger sat down with Benjamin Wittes on Lawfare Live to talk about who the Capitol rioters were, why some of them have been allowed to plead out to misdemeanors, what characterizes the misdemeanor pleas and who is left among the bigger fish.

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Lawfare Archive: Joel Brenner on America the Vulnerable Nov 14, 2021

Show notes

From February 20, 2012: Joel Brenner, who served as inspector general of the National Security Agency and as the national counterintelligence executive in the DNI's office, joined Jack Goldsmith to discuss his new book, America the Vulnerable: Inside the New Threat Matrix of Digital Espionage, Crime, and Warfare. Benjamin Wittes reviewed the book here.

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Lawfare Archive: Jameel Jaffer, Bob Litt, and William Banks Debate FISA Nov 13, 2021

Show notes

From November 22, 2014: Earlier this month, the ABA Standing Committee on Law and National Security held its “24th Annual Review of the Field of National Security Law CLE Conference.” As part of the conference, the group held a particularly strong panel discussion on the Foreign Intelligence Surveillance Act—featuring Bob Litt, general counsel to the DNI, Jameel Jaffer of the ACLU, and Bill Banks of Syracuse University law school. The discussion was moderated by Laura Donohue of Georgetown law.

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Michel Paradis on Majid Khan Nov 12, 2021

Show notes

Majid Khan pled guilty in a military commission at Guantanamo eight years ago, but he has been back in the news of late. At a sentencing hearing at Guantanamo recently, he gave graphic testimony about his torture and treatment at the hands of the CIA and the military. He also took responsibility and showed remorse for his own conduct. His speech in the military commission was sufficiently moving that several members of the jury wrote a letter to the convening authority asking for clemency for Majid Khan.

To talk about the dramatic events, the history of the case, and the CIA program’s treatment of Majid Khan, Benjamin Wittes sat down with Michel Paradis, an appellate lawyer for the Office of Military Commissions Defense Counsel. They talked about what Majid Khan did, his history in al-Qaeda after a childhood in Baltimore, what was done to him, and whether with all this water under the bridge, something like justice could ever come from a trial.

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Video Games Cannot Escape the Content Moderation Reckoning Nov 11, 2021

Show notes

Content moderation in video games turns out to be just as much of a bummer as content moderation everywhere else, perhaps even more so. This week on Arbiters of Truth, our series on the online information ecosystem, Evelyn Douek and Quinta Jurecic spoke with Daniel Kelley, the director of strategy and operations for the Anti-Defamation League’s Center for Technology and Society. He studies how companies deal with the many moderation issues that pop up in gaming, from harassment to digital recreations of violent hate crimes and white nationalist propaganda. And his team at the Anti-Defamation League has a new report out on how players experience abuse—but also joy and connection—while gaming. Quinta and Evelyn asked Daniel to make the case for why everyone, gamers and non-gamers alike, should care about games, why harassment in gaming seems particularly bad compared to non-gaming platforms, and where the gaming industry stands when it comes to investing in content moderation.

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Susan Landau and Ross Anderson on the Going Dark Debate and the Risks of Client-Side Scanning Nov 10, 2021

Show notes

The “going dark” debate, which concerns how society and the technology industry should address the challenges that law enforcement faces in investigating crime due to the increasing use of encryption on mobile devices and by communication platforms and services, was in the news again because of Apple's recent proposal to engage in client-side scanning. Apple planned to scan iPhones for child sexual abuse material, or CSAM, before such images were uploaded to iCloud. Prior to Apple's announcement, however, a distinguished group of computer scientists and engineers were already working on a paper to explain the security and privacy risks of client-side scanning. The paper, which they have now released, is called “Bugs in our Pockets: The Risks of Client-Side Scanning.”

To talk about this most recent development in the going dark debate, Stephanie Pell sat down with two of the paper’s authors: Susan Landau, Bridge Professor of Cybersecurity and Policy in The Fletcher School and at the School of Engineering, Department of Computer Science, at Tufts University; and Ross Anderson, professor of security engineering at the University of Cambridge and at the University of Edinburgh. They discussed some of the most significant privacy and security risks client-side scanning creates, why client-side scanning requires a different analysis from other aspects of the discussion about government access to encrypted data, and why the authors of the paper consider client-side scanning to be a dangerous technology.

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