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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 Myth of Artificial Intelligence Mar 31, 2021

Show notes

Alvaro Marañon sat down with Erik Larson, a computer scientist, tech entrepreneur and author of the new book, "The Myth of Artificial Intelligence: Why Computers Can't Think the Way We Do." They talked about his background and expertise with artificial intelligence, what shaped our modern perception of AI and why the next big break in AI always appears to be 10 or 20 years away. They also discussed the current limitations of artificial intelligence, whether there are any dangers to our current approach and whether AI's advancement to super intelligence is really inevitable.

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Why is Government Hate Crimes Data So Terrible? Mar 30, 2021

Show notes

Anti-Asian violence in the United States seems to be on the rise. On March 16, a shooter killed eight people, six of whom were Asian women, at several Atlanta businesses. Across the country, Asian-Americans have shared stories of attacks and harassment, some of which involved racist language in connection with the coronavirus pandemic.

Yet there is very little data available that could help journalists and policymakers make sense of this apparent trend. To understand why, Quinta Jurecic spoke with Jeff Asher, a crime analyst and the co-founder of AH Datalytics, who recently wrote for Lawfare on why there’s so little reliable data on anti-Asian violence—or on any other kind of hate crime. Jeff discussed the patchwork system by which the FBI currently collects data on hate crimes, what other factors might explain why the data is so unreliable and how improved data could help guide the response to anti-Asian attacks.

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The Generals vs. the Armed Services Committee with No Bull Mar 29, 2021

Show notes

Last Thursday, the Senate Armed Services Committee held an open hearing that reviewed U.S. Cyber Command's and Special Operation Command's Defense Authorization Requests for fiscal year 2022. The committee heard open testimony from the head of Cyber Command and the National Security Agency, General Paul Nakasone; the head of U.S. Special Operations Command, General Richard Clarke; and the Acting Assistant Secretary of Defense for Special Operations and Low-Intensity Conflict, Christopher Maier. The hearing covered a range of issues, from the SolarWinds cyberattack to increased violence in Afghanistan. We stripped out all of the nonsense, speechifying and repetition to bring you just the questions and answers you care about, only once.

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Alex Reinert on Qualified Immunity Mar 26, 2021

Show notes

Alexander Reinert is the Max Freund Professor of Litigation & Advocacy at the Benjamin N. Cardozo School of Law, where he teaches and conducts research in civil procedure, constitutional law and federal courts. He is the author of the recent article, "Qualified Immunity on Appeal," an empirical assessment, which provides the most comprehensive study so far of the actual way that courts of appeals have handled qualified immunity cases. He wrote about it in an article on Lawfare entitled, "Unpacking a Decade of Appellate Decisions on Qualified Immunity." He joined Benjamin Wittes on Lawfare Live to discuss qualified immunity, what the doctrine is and where it comes from, how courts handle qualified immunity cases in practice, whether it is as much of a shield as it seems to be for cops, if there is any prospect to reform it at the state or federal level and what the future looks like for the doctrine.

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YouTube, We Have a Problem Mar 25, 2021

Show notes

This week on Arbiters of Truth, the Lawfare Podcast’s miniseries on our online information ecosystem, Evelyn Douek and Quinta Jurecic sat down with Brendan Nyhan to discuss the crucial platform that often seems to slip under the radar in discussions of mis- and disinformation: YouTube.

Brendan is a professor of government at Dartmouth College, who has just co-authored a report with the Anti-Defamation League on “Exposure to Alternative and Extremist Content on YouTube.” There’s a common conception that YouTube acts as a radicalization engine, pushing viewers from mainstream content to increasingly radical material. But Brendan and his coauthors found a somewhat different story: YouTube may not funnel all viewers toward extreme content, but it does reliably recommend that content to users who are already viewing it. They discussed his findings and how we should understand the role that YouTube plays in the information ecosystem.

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Jacob Schulz on Seditious Conspiracy Mar 24, 2021

Show notes

It's been a big week for the seditious conspiracy statute, which has long been on the books, quietly forbidding violent interference with the lawful functions of the United States government. But on 60 Minutes this weekend, the former chief prosecutor supervising the January 6 investigation hinted not too subtly that the seditious conspiracy statute might come out of obscurity and enter into action. Benjamin Wittes sat down with Jacob Schulz, Lawfare's deputy managing editor who has written a series of articles for Lawfare on recent deployments of the seditious conspiracy statute, to talk through the law's recent enforcement history.

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Jonathan Gould on Codifying Constitutional Norms Mar 23, 2021

Show notes

Our constitutional system involves the written document, plus two and a half centuries of judicial decisions interpreting it. But these two things only scratch the surface. It also involves our constitutional norms, the unwritten rules that govern how actors in our political system behave. For decades, commentators have observed the steady erosion of many of these norms, and in the four years of the Trump administration, the trickle of norm violations became a torrent. As a response, many in academia, the media and politics have called for Congress to pass legislation that would codify what had previously been unwritten norms of behavior, from requiring that presidential candidates disclose their tax returns to limiting the president's pardon power.

In a forthcoming article in the Georgetown Law Journal, Jonathan Gould, assistant professor of law at the University of California, Berkeley, analyzes many of these proposals and points out the potential unintended consequences of trying to commit unwritten norms to legislative language. Alan Rozenshtein spoke with Jonathan about the importance and erosion of constitutional norms, especially within the executive branch, and how best to repair them.

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Seamus Hughes and Alan Rozenshtein on the January 6 Charges Mar 22, 2021

Show notes

Benjamin Wittes sat down on Lawfare Live with Seamus Hughes, the deputy director of the Program on Extremism at George Washington University, and Alan Rozenshtein, a Lawfare senior editor and professor at the University of Minnesota Law School, to talk about the group of cases that have been filed in connection with the January 6 riot and insurrection. They talked about the database that Hughes is building and maintaining of cases, defendants and charges filed in connection with January 6; the pattern of charges; what the picture looks like so far; if it is likely to get closer to the president and his inner circle and if it will result in a series of seditious conspiracy charges.

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Nicole Perlroth on the Cyberweapons Arms Race Mar 19, 2021

Show notes

Jack Goldsmith spoke with New York Times cybersecurity reporter Nicole Perlroth about her new book, "This is How They Tell Me the World Ends: The Cyberweapons Arms Race." They discussed the dark world of markets for zero-day vulnerabilities that are so vital in offensive cyber operations, the history of the markets, how they work, who the players are and why the United States doesn't control as much as it used to. They also discussed broader issues of U.S. cybersecurity policy, including the recent SolarWinds hack.

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The Good, the Bad and the Ugly of Section 230 Reform Mar 18, 2021

Show notes

On this episode of Arbiters of Truth, the Lawfare Podcast’s miniseries on our online information ecosystem, Evelyn Douek and Quinta Jurecic spoke with Daphne Keller, the director of the Program on Platform Regulation at Stanford's Cyber Policy Center and an expert on Section 230 of the Communications Decency Act, the statute that shields internet platforms from civil liability for third-party content on their websites. The statute has been criticized by both Democrats and Republicans, and both President Trump and President Biden separately called for its repeal. So what should we expect in terms of potential revision of 230 during the current Congress? What does Daphne think about the various proposals on the table? And how is it that so many proposals to reform 230 would be foiled by that pesky First Amendment?

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