The Lawfare Podcast - The Lawfare Institute

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Episode #105: Jack Goldsmith on North Korea, the FBI, and Attribution of the Sony Attack Jan 09, 2015

Show notes

This week, Ben and Jack sat down in sunny Palo Alto to discuss what we know about the Sony Pictures cyber-attack, the FBI’s response, and the lingering questions about the credibility of the US government’s claim that North Korea was behind the attack. They explore the tradeoffs inherent in explaining or proving the governments attribution claims, and whether or not the FBI should do so if it will “tip their hand” to the hackers planning future attacks. If technical capabilities cannot solve the public element of the attribution problem, how far should the government go in producing evidence regarding its claims?

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Episode #104: Rose Gottemoeller on Dec 19, 2014

Show notes

This week, Under Secretary of State for Arms Control and International Security Rose Gottemoeller gave a keynote address at Brookings on US Nuclear Arms Control Policy. In her address, Gottemoeller discussed how the administration is adjusting to the slowed progress of arms control given the far less conducive atmosphere left in the wake of the Ukraine-Russia crisis. After beginning with such high hopes, and with definite achievements including New Start and the Nuclear Security Summits, how is the Obama administration approaching arms control in its final two years? Where can it find success in a sea-full of difficulty? Under Secretary Gottemoeller tackles these questions and more.

Steven Pifer, senior fellow at Brookings and the director of the Arms control and Nonproliferation Initiative, introduced Gottemoeller and moderated the discussion.

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Episode #103: Mieke Eoyang on FAA Exclusivity Dec 12, 2014

Show notes

Mieke Eoyang of Third Way discusses her provocative recent proposal on Lawfare for making the FISA Amendments Act the exclusive means by which the NSA can acquire content against overseas non-US persons from U.S. tech companies.

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Episode #102: Israeli Politics, Oy Vey! Dec 04, 2014

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Brookings scholar Nathan Sachs discusses the Byzantine politics of the Israeli government, the fall of the latest government of Binyamin Netanyahu, and the coming Israeli elections.

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Episode #101: Jameel Jaffer, Bob Litt, and Bill Banks Debate FISA Nov 20, 2014

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The ACLU's Jameel Jaffer, ODNI General Counsel Robert Litt, and Syracuse Law's William Banks debate FISA. Laura Donohue of Georgetown law school moderate at the ABA Standing Committee on Law and National Security's 24 Annual Review of the Field of National Security Law.

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Episode #100: Shane Harris @War Nov 13, 2014

Show notes

In our one hundredth episode of the podcast, Shane Harris of the Daily Beast talks about his new book, @War: The Rise of the Military-Internet Complex.

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Episode #99: Jack Goldsmith on Obama's War Powers Legacy Nov 06, 2014

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Jack Goldsmith speaks at the Hoover Institutions Fall 2014 retreat on "President Obama's War Powers Legacy."

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Episode #98: Chris Soghoian Response to FBI Director James Comey Oct 30, 2014

Show notes

ACLU technologies Chris Soghoian takes on James Comey's proposal for preserving law enforcement access to smartphones.

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Episode #97: Bahlul, Bahlul, Bahlul, Part Deux Oct 24, 2014

Show notes

On Wednesday, a panel of the D.C. Circuit heard oral argument in Al Bahlul v. United States, a long running---and potentially quite consequential---appeal concerning Congress's power to subject domestic law crimes to trial before Guantanamo military commissions. Shortly after argument, Lawfare's Wells Bennett and Steve Vladeck joined Kevin Jon Heller for some post-argument analysis.

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Episode #96: Jim Comey on Going Dark Oct 16, 2014

Show notes

Issues of privacy and security are at the forefront of public debate, particularly in light of recent national security disclosures and increasingly pernicious cyber attacks that target our personal information, our ideas, our money, and our secrets. But are privacy rights trumping public safety interests? And if so, at what cost? Has the post-Snowden pendulum swung too far in one direction?

On October 16, Governance Studies at Brookings hosted FBI Director James Comey for a discussion of the impact of technology on the work of law enforcement. Law enforcement officials worry that the explosion in the volume and the means by which we all communicate threatens its access to the evidence it needs to investigate and prosecute crime and to prevent acts of terrorism.

In particular, officials worry that the emergence of default encryption settings and encrypted devices and networks – designed to increase security and privacy – may leave law enforcement in the dark. Director Comey spoke about the need for better cooperation between the private sector and law enforcement agencies. He also discussed potential solutions to the challenge of “going dark,” as well as the FBI’s dedication to protecting public safety while safeguarding privacy and promoting network security and innovation.

Following these remarks, Brookings Senior Fellow and Lawfare co-founder Benjamin Wittes moderated a discussion with Director Comey and took audience questions.

It's the Lawfare Podcast, episode #96, FBI Director James Comey on "Going Dark."

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