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The Lawfare Podcast – The Lawfare Institute — 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.
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Copyright: © The Lawfare Institute

Latest Episodes:

The Empire (Facebook) Strikes Back (at the Oversight Board’s Trump Decision) Jun 10, 2021

Show notes

If you’ve listened to this show, you've probably read a fair number of news stories—and maybe even listened to some podcast episodes—about the Facebook Oversight Board’s recent ruling on the platform’s decision to ban President Trump’s account. The board temporarily allowed Facebook to keep Trump off the platform, but criticized the slapdash way Facebook made that call and provided a long list of recommendations for Facebook to respond to.

Well, now Facebook has responded—announcing that it will ban Trump from the platform for two years. And though the response hasn’t gotten as much coverage as the initial ruling, it’s arguably more important for what it says about both Facebook and the Facebook Oversight Board’s role in the future of content moderation.

This week on the Lawfare Podcast's Arbiters of Truth series on our online information ecosystem, Quinta Jurecic interviewed Lawfare managing editor Jacob Schulz and Arbiters of Truth co-host Evelyn Douek about Facebook’s response to the board. What did Facebook say in addition to its two-year Trump ban? Why is Evelyn grumpy about it? And what’s next for Facebook, the Oversight Board and Trump himself?

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Michel Paradis on Sexual Assault and Reforming the Military Justice System Jun 09, 2021

Show notes

For years, Congress and the Defense Department have debated how best to handle the pernicious problem of sexual assault in the military. Now, a bipartisan majority in the Senate appears to have settled on a set of reforms that would make unprecedented changes to the military justice system. But do these changes actually get at the root cause of the military sexual assault problem? Or do they simply put at risk the command structure that is often seen as a pillar of military effectiveness? To discuss these issues, Scott R. Anderson sat down on Lawfare Live with legal expert Michel Paradis, who teaches a course on the military and the law at Columbia Law School. They talked about the impetus behind these latest reforms, what the consequences might be for the military justice system and whether they promise to finally provide the protection against sexual assault that those serving in the military need and deserve.

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Alicia Wanless on What's Wrong with the Discussion of Influence Operations Jun 08, 2021

Show notes

Alicia Wanless is the director of the Partnership for Countering Influence Operations at the Carnegie Endowment for International Peace, and she has a beef with the current debate over influence operations. Put simply, we don't really know what works in countering them, and the studies of the subject all seem to be case studies using different methodologies and examining different things. Benjamin Wittes spoke with her about how we might improve our knowledge base on this subject, what kind of information we would need to study whether influence operations work and what works to counter them. They talked about transparency reporting requirements for the big tech companies, data sharing between companies and scholars, what a massive effort at research in this space would look like and whether it has any possibility of coming to be.

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A Digital Contact Tracing Retrospective Jun 07, 2021

Show notes

It's been more than a year since the first contact tracing and exposure notification apps for the novel coronavirus have appeared, and the apps have not at all lived up to the hype. In fact, they've almost invariably stumbled or not really worked at all. Jacob Schulz sat down with Alan Rozenshtein, associate professor of law at the University of Minnesota School of Law and a senior editor at Lawfare, and Susan Landau, a computer science professor at Tufts and a senior contributor for Lawfare, to talk about digital disease surveillance during the COVID-19 pandemic. What went wrong, and what are the lessons to be learned?

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The Christchurch Call, Two Years On May 20, 2021

Show notes

In March 2019, a shooter carried out two mass killings at mosques in Christchurch, New Zealand, livestreaming the first shooting on Facebook. Two months later, New Zealand Prime Minister Jacinda Ardern and French President Emmanuel Macron convened the Christchurch Call—a commitment joined by both governments and technology companies “to eliminate terrorist and violent extremist content online.”

It’s now been two years since the Christchurch Call. To discuss those years and what comes next, Evelyn Douek and Quinta Jurecic of the Arbiters of Truth series of the Lawfare Podcast spoke with Dia Kayyali, who serves as a co-chair of the Advisory Network to the Christchurch Call, a group of civil society organizations that work to ensure that the signatories to the Call consider a more diverse range of expertise and perspectives when implementing its commitments. Dia is a long-time digital rights activist and the associate director for advocacy at Mnemonic, an organization that works to preserve online documentation of human rights abuses. What has their experience been like as a voice for civil society in these conversations around the Call? What should we make of the recent decision by the Biden administration to sign the United States on to the call? And what are the risks of potentially over-aggressive moderation in an effort to take down “terrorist” content?.

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Russia Through the Spymaster’s Prism May 19, 2021

Show notes

Recent events have shown that Russian intelligence efforts against the United States and the West have continued since the end of the Cold War and have perhaps increased in recent years. In particular, Vladimir Putin appears determined to get even with the U.S. for Russian losses at the end of the Cold War. To discuss the role that intelligence has played in Russia's efforts, David Priess sat down with Jack Devine, who served in many roles over some 30 years at the CIA, including as the associate director of operations and leading the covert action operation, which drove the Russians out of Afghanistan. He's also the author of the recent book, "Spymaster's Prism: The Fight Against Russian Aggression." They talked about Russian aggression and what intelligence can do about it, and they discussed what policies would be most effective against Russia.

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Celia Aniskovich and Pete Strzok Talk Spy Affair May 18, 2021

Show notes

Remember Maria Butina? She was the Russian graduate student at American University and gun enthusiast who was arrested for being an unregistered foreign agent shortly after the Russian electoral interference scandal broke. She eventually pled guilty to a lesser charge, served her time and was deported back to Russia. She is now the subject of a six-part podcast series by Celia Aniskovich called Spy Affair. Benjamin Wittes sat down with Celia and Pete Strzok, the former FBI agent, to discuss Maria Butina, who she is, the investigation of her and how it all fits into Russia's plans in the period around Donald Trump's election.

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After Trump, Episode 6: Getting It Done May 17, 2021

Show notes

In the final episode of “After Trump,” the six-part limited podcast series based on the book, "After Trump: Reconstructing the Presidency," by Bob Bauer and Jack Goldsmith, we explore whether and how we can repair the damage that the Trump presidency has done to the Republic.

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Garland and Mayorkas on Domestic Violent Extremism with No Bull May 14, 2021

Show notes

On Wednesday, Attorney General Merrick Garland and Secretary of Homeland Security Alejandro Mayorkas testified on domestic violent extremism before the Senate Appropriations Committee. They talked about what they consider the most pressing threats and answered senators' questions about what their agencies are doing about them. There were also some questions about other topics such as border security, and their testimony included opening statements and repetition. We took it all out to give you just the questions and answers on domestic violent extremism.

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The Disinformation Nextdoor May 13, 2021

Show notes

This week on Arbiters of Truth, the Lawfare Podcast's series on our online information ecosystem, Evelyn Douek and Quinta Jurecic spoke with the journalist Will Oremus, who until recently was a senior writer at the technology publication OneZero and who is one of the most astute observers of online platforms and their relationship to the media. They dug into Will’s reporting on the social media platform Nextdoor. The app is designed to connect neighbors, but Will argues it’s filling the space left by collapsing local news—which may not be the best development when the platform is struggling with many of the common challenges of content moderation. And, of course, they also talked about the inescapable, ever-present elephant in the room—the Facebook Oversight Board’s ruling on Donald Trump’s account.

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