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The Law of the Sea in the Age of Climate Change May 15, 2023

Show notes

Though the threat of climate change has come sharply into focus in recent decades, humans have long endeavored to shape and reshape the natural world, carving it up and making sense of it through technological innovations. In just one example, projects of reclamation have increased Singapore’s total land area by 25 percent. The Changi airport sits on land that was once ocean.

As Surabhi Ranganathan discusses in her recent article, “The Law of the Sea” for The Dial, this poses a unique challenge for international law. Surbahi writes, “The shifting relation between land and sea reflects the scale of human impact on the environment. This unstable relation forces us to confront the consequences of climate change, as the fixed certainties—soil, resources, infrastructure—that have for so long governed our imagination of land begin to fall apart.”

Lawfare Managing Editor Tyler McBrien sat down with Surabhi, a Professor of International Law at the University of Cambridge, to discuss her article and what shipwrecks, fragile ports, sinking states, continental shelves, trash islands, seasteading, undersea cables, and oceanic vents can tell us about how international law must adapt to better address our uncertain climate future.

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Chatter: Politicians and White House Plumbers with Olivia Nuzzi May 14, 2023

Show notes

Olivia Nuzzi gets Washington in a way many journalists don’t. As the Washington correspondent for New York magazine, she has written perceptive, piercing, and enduring portraits of Donald Trump and the bizarre characters in his orbit. Now she’s turning her reporter’s eye to history, hosting a companion podcast to HBO's “White House Plumbers,” a five-part series that imagines the Watergate scandal through the lives of two notorious Nixon operatives, E. Howard Hunt and G. Gordon Liddy.

Olivia came up as a journalist writing about politics in New Jersey. She began covering Trump at The Daily Beast, where she worked with Shane Harris. They discussed her career, what fascinates her about politics, and the prospects for the 2024 presidential campaign, where Trump appears likely to be the Republican nominee.

They also discussed Hollywood and Washington’s mutual fascination with each other, and why they’d both rather live in L.A. than New York.

Olivia’s work at New York magazine: https://nymag.com/author/olivia-nuzzi/

The White House Plumbers podcast: https://podcasts.apple.com/us/podcast/white-house-plumbers-podcast/id1682542231

The White House Plumbers series on HBO: https://www.hbo.com/white-house-plumbers

Olivia on Twitter: https://twitter.com/Olivianuzzi?ref_src=twsrc%5Egoogle%7Ctwcamp%5Eserp%7Ctwgr%5Eauthor

Garrett Graff’s new book on Watergate, which serves as a history companion to the podcast and was just named a Pulitzer Prize finalist: https://www.simonandschuster.com/books/Watergate/Garrett-M-Graff/9781982139179

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

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Lawfare Archive: Dara Lind on Immigration and the Southern Border May 13, 2023

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From May 7, 2021: Over its first 100 days in office, the Biden administration has faced a difficult set of policy challenges at America's southern border, ranging from new waves of individuals driven to try to cross the border by the effects of the global pandemic, to the often difficult legacy left by some of his predecessor's draconian immigration policies. As a candidate, Biden channeled Democrats' outrage with former President Trump's actions on immigration and pledged to reverse them. But now that he is in office, will Biden find more common ground with his predecessor than expected, or will he turn over a new page on America's immigration policies?

Scott R. Anderson sat down with ProPublica immigration reporter Dara Lind to discuss what drives immigration to the United States, how the Biden administration has responded thus far and what it may all mean for the future of immigration policy in the United States.

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Brian Fishman on Violent Extremism and Platform Liability May 12, 2023

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Earlier this year, Brian Fishman published a fantastic paper with Brookings thinking through how technology platforms grapple with terrorism and extremism, and how any reform to Section 230 must allow those platforms space to continue doing that work. That’s the short description, but the paper is really about so much more—about how the work of content moderation actually takes place, how contemporary analyses of the harms of social media fail to address the history of how platforms addressed Islamist terror, and how we should understand “the original sin of the internet.”

For this episode of Arbiters of Truth, our occasional series on the information ecosystem, Lawfare Senior Editor Quinta Jurecic sat down to talk with Brian about his work. Brian is the cofounder of Cinder, a software platform for the kind of trust and safety work we describe here, and he was formerly a policy director at Meta, where he led the company’s work on dangerous individuals and organizations.

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Fionnuala Ní Aoláin on Regulating Spyware May 11, 2023

Show notes

The term “spyware” refers to software that's designed to infiltrate, monitor, and extract sensitive information from a user's device without their knowledge or consent. Perhaps the most infamous example of the harm that spyware can do is the 2018 killing of Saudi dissident journalist Jamal Khashoggi by Saudi government operatives, who used spyware to track Khashoggi before luring him to the Saudi consulate in Istanbul, where he was murdered. But spyware use is not just limited to repressive autocracies. It's frequently both developed and used by liberal democracies, a practice that has generated increasing concern over the past few years.

To talk about spyware and its potential regulation under international law, Alan Rozenshtein, Associate Professor of Law at the University of Minnesota and Senior Editor at Lawfare, spoke with Fionnuala Ní Aoláin, a Regents Professor and the Robina Chair in Law, Public Policy, and Society at the University of Minnesota Law School, where she also directs the Human Rights Center. Most importantly for this conversation, she's also the United Nation's Special Rapporteur on the promotion and protection of human rights and fundamental freedoms while countering terrorism, a position she's held since 2017. As part of that role, she recently published a report on the Global Regulation of the Counter-Terrorism Spyware Technology Trade. Alan spoke with Fionnuala about her findings and what, if anything, can be done to make spyware compliant with human rights.

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Ali Breland on Germany’s Neo-Nazi Resurgence May 10, 2023

Show notes

Since 2012, Germany has accepted more refugees than any other country in Europe aside from Turkey. The German government has dispersed these asylum seekers and other immigrants throughout the country, a policy roundly celebrated by refugee activists and governments alike. But as reporter Ali Breland recently wrote in the New Republic, “[T]hese seemingly well-intentioned policies have created dangerous situations where people of color are forced to reside in regions that may be hostile to their presence, and where they face greater threats from neo-Nazis and fascists.”

Lawfare Managing Editor Tyler McBrien sat down with Ali, a reporter at Mother Jones covering internet disinformation, technology, race, and politics, to discuss his article and reporting trip to Germany. They discussed the roots of the current neo-Nazi resurgence there, the dark side of Germany’s lauded refugee resettlement program, and why the country might be a warning sign for the rest of Europe. They also discussed parallels between the far right movements in Germany and the United States.

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El Salvador’s President Cracks Down on Gangs—and Democracy May 09, 2023

Show notes

Since March 2022, El Salvador has been under a state of exception as its President Nayib Bukele seeks to crack down on the country’s powerful gangs. Bukele, who once described himself on Twitter as the “world’s coolest dictator,” has engaged in a prolonged attack on El Salvador’s democratic institutions. And the crackdown has resulted in a range of human rights abuses. At the same time, Bukele really does seem to have been successful in curbing gang violence, and his popularity is sky high.

To understand the situation in El Salvador, Lawfare Senior Editor Quinta Jurecic spoke with Manuel Meléndez-Sánchez, a PhD candidate in Political Science at Harvard University who has written about Bukele on Lawfare. They discussed why Bukele’s crackdown on the gangs seems to be working, why it might fall apart in the long term, and what Bukele’s rise means for democracy in El Salvador and around the world.

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Treaties and Dysfunctional Diplomacy May 08, 2023

Show notes

The Constitution specifies only one process for making international agreements—Article II gives the president the power to make treaties provided that two-thirds of the senators present concur. The treaty process has been on a long, slow path to obsolescence, having been replaced by various forms of binding and non-binding executive agreements.

To assess the causes and impact of the United States’ declining use of treaties, Jack Goldsmith sat down with Jeffrey Peake, a political scientist at Clemson University, who is the author of the book, “Dysfunctional Diplomacy: The Politics of International Agreements in an Era of Partisan Polarization.” They discussed how domestic politics explains the decline of the treaty power, the adverse impact this decline has on U.S. foreign relations, and why executive agreements of various sorts are not full substitutes for treaties on the international stage.

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Rational Security: The “Q Agone” Edition May 07, 2023

Show notes

This week on Rational Security, a Quinta-less Alan and Scott were joined by Lawfare legal fellow Saraphin Dhanani to talk through the week's big national security news, including:

“Seoul Authority.” South Korea and the United States recommitted themselves to their close security relationship this past week, including through a state dinner and a new Washington Declaration that confirms that the United States will respond to any nuclear attack on South Korea with overwhelming force. What drove this public showing? And what impact will it have on the nuclear threat posed by North Korea?
“The Uncanny X-Date.” The debate over raising the debt ceiling took on new urgency this week, when Treasury Secretary Janet Yellen announced that the United States might meet the ‘X-Date’ at which it defaults on its obligations as soon as June 1. Yet there are few signs of a compromise, as House Republicans have dug in on a proposal that demands deep spending cuts while the Biden administration continues to push for a clean raise. Where will this debate lead?
“Washington Contentious.” National Security Advisor Jake Sullivan gave remarks at our own Brookings Institution this past week, laying out a new approach to international economic policy. What should we make of this new ‘Washington Consensus’?

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Lawfare Archive: David Priess on the History of the President's Daily Brief May 06, 2023

Show notes

From July 7, 2020: David Priess is a former CIA briefer for the Attorney General and the FBI director, and he's the author of "The President's Book of Secrets: The Untold Story of Intelligence Briefings to America's Presidents." The president's daily brief has been in the news of late because of the Russia bounties story and the question of whether President Trump is actually internalizing the intelligence he is given in his daily briefing. Benjamin Wittes spoke with David about the history of the president's daily brief, how different presidents have gotten intelligence information and whether President Trump's behavior in this regard is exceptional or not.

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