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Lawfare Daily: The Past, Present, and Future of War Powers with Brian Finucane and Matt Waxman Sep 12, 2024

Show notes

Without new congressional authorization for its post-Oct. 7 operations in the Middle East, the Biden administration has sought to legally justify its military activities in the region based on the president’s constitutional authority and the application of existing statutory authorities to operations against new adversaries. These executive branch arguments are the outgrowth of similar arguments presidential administrations have made over the last few decades, largely related to the requirements in the War Powers Resolution.

The International Crisis Group recently analyzed these arguments and related issues in a new report, “Bending the Guardrails: U.S. War Powers after 7 October.” Tyler McBrien and Matt Gluck of Lawfare spoke with Brian Finucane, a senior adviser for the U.S. Program at the International Crisis Group and an author of the report, and Matthew Waxman, a professor at Columbia Law School, about the Crisis Group’s report. They discussed the history relevant to the current war powers moment, how the Biden administration has continued to justify its operations without new legislative authority, and the possibility of war powers legal reform moving forward.

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Lawfare Daily: Nick Ashton-Hart on the UN Cybercrime Convention Sep 11, 2024

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On Aug. 8, the international community concluded its final negotiations at the United Nations over an international cybercrime treaty. The negotiation—a Russian proposal—was intended to harmonize global efforts to combat transnational cybercrime. However, the treaty has come under intense criticism from civil society, human rights advocates, and industry.

Lawfare Fellow in Technology Policy and Law Eugenia Lostri sits down with Nick Ashton-Hart, Senior Director for Digital Economy Policy for APCO Worldwide. Ashton-Hart is the former head of delegation to the UN cybercrime treaty negotiations for the Cybersecurity Tech Accord. They discuss the different concerns the treaty raises, how it compares to alternatives for law enforcement cooperation, and what comes next, as the treaty goes to a vote before the UN General Assembly.

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Chatter: Ronald Reagan Reassessed, with Max Boot Sep 10, 2024

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Council on Foreign Relations fellow, Washington Post columnist, and author of military history books Max Boot has just completed a definitive biography of Ronald Reagan, eleven years after starting his research and writing for it. He joined David Priess to talk all about Reagan, including his appeal as a biography subject, his World War II experience, his speech preparation, his turn from New Deal Democrat to right-wing Republican, his path to electoral politics, his management style, his optimism, his pragmatism, his influence on pop culture in the 1980s, his role in ending the Cold War peacefully, his movies, and more.

Works mentioned in this episode:

The book Reagan: His Life and Legend by Max Boot

The movie Kings Row

The movie Bedtime for Bonzo

The movie Knute Rockne All American

The book The Unwinding by George Packer

The book Desert Star by Michael Connelly

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

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Lawfare Daily: The Biden Administration’s Approach to the Israeli-Palestinian Conflict with Former DAS Andrew Miller Sep 10, 2024

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For today’s episode, Lawfare General Counsel and Senior Editor Scott R. Anderson sat down with Andrew Miller, a Senior Fellow at the Center for American Progress who was, until recently, the Deputy Assistant Secretary of State for Israeli-Palestinian Affairs.

They discussed how the Israeli-Palestinian conflict fit into the Biden administration’s broader foreign policy strategy, how the Oct. 7 massacre and ensuing Gaza war have changed this calculus, and where U.S. policy is likely to go from here.

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Lawfare Daily: Securing Open Source Software, with John Speed Meyers and Paul Gibert Sep 09, 2024

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Lawfare Fellow in Technology Policy and Law Eugenia Lostri sits down with John Speed Meyers, head of Chainguard Labs, and Paul Gibert, a research scientist at Chainguard Labs to talk about the distinct challenges of securing open source software (OSS). They discuss what sorts of harms OSS compromises can lead to, how Log4J opened a political window for action on OSS security, and how the software liability debate affects OSS developers.

Meyers and Gibert authored a Lawfare article questioning the conventional wisdom on how software liability could deal with OSS.

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Lawfare Archive: Foreign Interference... It's Happening Sep 08, 2024

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From October 23, 2020: It's been a wild couple of days of disinformation in the electoral context. Intelligence community officials are warning about Russian and Iranian efforts to influence the U.S. presidential election—and claiming that Iran is responsible for sending threatening emails from fake Proud Boys to Democratic voters. What exactly is going on here? To talk through the developments and the questions that linger, Benjamin Wittes sat down with Scott R. Anderson, Susan Hennessey and Quinta Jurecic.

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Lawfare Daily: Trump Trials and Tribulations Weekly Round-up (September 5, 2024) Sep 07, 2024

Show notes

This episode of “Trump's Trials and Tribulations,” was recorded on September 5 in front of a live audience on YouTube and Zoom.

Lawfare Editor-in-Chief Benjamin Wittes spoke to Lawfare Senior Editors Anna Bower and Roger Parloff Thursday’s hearing in the D.C. case, Judge Chutkan’s scheduling order on the briefing on the immunity issue, Trump’s efforts to remove his New York hush money and election interference case to federal court, and an interesting amicus brief in the classified documents case.Learn more about Lawfare’s new livestream series about the national security issues under debate during the 2024 presidential election.

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Lawfare Daily: Catching Up on the State of Platform Governance: Zuckerberg, Durov, and Musk Sep 06, 2024

Show notes

It’s been a busy week in the world of social media and technology platforms. Meta CEO Mark Zuckerberg sent an odd letter to the House Judiciary Committee apparently disclaiming some of his company’s past content moderation efforts. Telegram founder Pavel Durov was arrested in France on a wide range of charges involving an investigation into the misuse of his platform. And Elon Musk is engaged in an ongoing battle with Brazilian courts, which have banned access to Twitter (now X) in the country after Musk refused to abide by court orders.

These three news stories speak to a common theme: the difficult and uncertain relationship between tech platforms and the governments that regulate them. To make sense of it all, Quinta Jurecic, a Senior Editor at Lawfare, with Matt Perault—the Director of the Center on Technology Policy at the University of North Carolina at Chapel Hill—and Renée DiResta, author of the new book, “Invisible Rulers: The People Who Turn Lies Into Reality,” and the former technical research manager at the Stanford Internet Observatory.

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Rational Security: The "Third Anniversary Hot Take Takedown: Comeuppance" Edition Sep 05, 2024

Show notes

This week, Alan, Quinta, and Scott celebrated the third anniversary of Rational Security 2.0 with their Lawfare colleagues Molly Reynolds, Natalie Orpett, and Tyler McBrien, who sat in brutal judgment as the three co-hosts pitched them their hottest takes yet, including:

Are concerns about judicial ethics overblown?
Do ethics require that we open the borders and make whoever wants to become one a citizen?
Should we just treat AI systems like the wild animals they are?

Which takes are undercooked, which too hot, and which are just right? Listen in and decide!

Meanwhile, for object lessons, Scott shared some news about the future of Rational Security moving forward. Listen to the end of the episode to find out what!

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Lawfare Daily: In Search of a Harris Doctrine with Michael Hirsh Sep 05, 2024

Show notes

As Robbie Gramer and Amy Mackinnon wrote in Foreign Policy, “If you want to learn more about the U.S. Democratic Party’s foreign-policy vision as the Democratic National Convention (DNC) gets underway this week, you have two options: a webpage that apparently hasn’t been updated in three years or a massive PDF document that is still written as if President Joe Biden, not Vice President Kamala Harris, is the party’s candidate.”

In other words, figuring out what a potential Harris administration foreign policy or Harris Doctrine might look like is no small task. On today’s episode, Lawfare Managing Editor Tyler McBrien sat down with Foreign Policy Columnist Michael Hirsh to try to do just that. They discussed “Preparing for a Less Arrogant America,” Hirsh’s review of the most recent books by Vice President Harris’s top foreign policy advisors, Philip Gordon and Rebecca Lissner, as well as other clues about the shape of a potential Harris administration foreign policy agenda.

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