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    Government

    The Lawfare Podcast – 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.
    Support this show http://supporter.acast.com/lawfare.
    Hosted on Acast. See acast.com/privacy for more information.

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    Copyright: © The Lawfare Institute

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    Latest Episodes:
    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.

    Support this show http://supporter.acast.com/lawfare.

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


    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.”

    Support this show http://supporter.acast.com/lawfare.

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


    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.

    Support this show http://supporter.acast.com/lawfare.

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


    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.

    Support this show http://supporter.acast.com/lawfare.

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


    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?


    Support this show http://supporter.acast.com/lawfare.

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


    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.

    Support this show http://supporter.acast.com/lawfare.

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


    The Lazarus Heist: Season 2, with Jean Lee and Geoff White Apr 21, 2023
    Show notes

    Over the past decade, North Korea has taken on an exceptional global role: a sovereign state believed to be at the head of an unprecedented international criminal network—one that is particularly active in cyberspace, where the North Korea-backed Lazarus Group is believed to have been responsible for several of the largest and most audacious incidents of hacking, ransomware, and outright theft of the modern era.

    Journalists Jean Lee and Geoff White have been documenting the Lazarus Group’s activities for the BBC. The second season of their podcast, “The Lazarus Heist,” is now available. Lawfare Senior Editor Scott R. Anderson sat down with them to discuss how this second season builds on the first, what the Lazarus Group has been up to, and what it all tells us about North Korea’s international position. They also gave us permission to share a preview for you, which plays after the discussion.

    Support this show http://supporter.acast.com/lawfare.

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


    Margot Kaminski on Regulating AI Risks Apr 20, 2023
    Show notes

    In the last few months we've seen an explosion of new AI products, especially those built around large language models. And in response, we've also heard calls for far more aggressive government regulation. But what does it mean to regulate AI?

    Margot Kaminski is an Associate Professor of Law at University of Colorado Law School. She's just published a paper for Laware's ongoing Digital Social Contract research paper series, in which she argues that the emerging law of artificial intelligence is converging around risk regulation. Alan Rozenshtein, Associate Professor of Law at the University of Minnesota and Senior Editor at Lawfare, spoke with Margot about what risk regulation means in the AI context and why she thinks that it has some serious drawbacks.

    Support this show http://supporter.acast.com/lawfare.

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


    Democratic Decline in Tennessee Apr 19, 2023
    Show notes

    Early this month, the Republican supermajority in the Tennessee House of Representatives voted to expel two Democratic lawmakers who had participated in a protest against gun violence on the House floor. The GOP also narrowly failed to expel a third Democrat.

    The two legislators who were expelled, Reps. Justin Pearson and Justin Jones, have now returned to the House. But the incident turned national attention on Tennessee’s struggling democracy. To discuss, Lawfare Senior Editor Quinta Jurecic spoke with Samar Ali, Research Professor of Political Science and Law at Vanderbilt University and Co-Chair of Vanderbilt’s Project on Unity & American Democracy, and Sekou Franklin, Professor of Political Science at Middle Tennessee State University, and the author—with Ray Block—of the book “Losing Power: African Americans and Racial Polarization in Tennessee Politics.” They explained how the expulsions should be understood as part of a larger process of democratic backsliding and misgovernment in Tennessee, and how that backsliding is itself part of a larger trend of democratic erosion at the subnational as well as the national level.

    Support this show http://supporter.acast.com/lawfare.

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


    Cyber Leadership at ODNI with Chris Fonzone and Laura Galante Apr 18, 2023
    Show notes

    Chris Fonzone is the General Counsel of ODNI and has worked in senior legal roles at the Defense Department, the National Security Council, and the Department of Justice, and in the private sector as a partner at the Sidley Austin law firm. Laura Galante is the Intelligence Community's Cyber Executive and Director of ODNI’s Cyber Threat Intelligence Integration Center (CTIIC). She worked previously in a position that involves supporting Ukrainian government agencies on cyber defense in the Defense Intelligence Agency and in the private sector at Mandiant.

    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 Chris and Laura to talk about their careers, the intra- and interagency issues in cyber policy and operations, the new National Cyber Strategy, and more.

    Support this show http://supporter.acast.com/lawfare.

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


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