The other day, I gave a talk at the George Mason Law and Economic Center on Jodie Liu and my recent Brookings paper, "The Privacy Paradox: The Privacy Benefits of Privacy Threats." The talk is a light-hearted summary of what I hope is an amusing but very serious paper that takes on the very flawed way we keep score in contemporary privacy d
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This week on Rational Security, Kori Schake of the Hoover Institution joins us to discuss whether the shooting of nine people in Charleston, SC, was an act of terrorism, what happens now that Chinese spies know the secret sex lives of U.S. government employees, and the UN Human Rights Council special commision report on Gaza.
Charles Lister comes on the show to discuss a wide range of topics related to the current situation in Syria:
James Baker, General Counsel of the FBI, is our guest on this week’s podcast. He fearlessly tackles the FBI’s aerial surveillance capabilities, stingrays, “Going Dark,” encryption, and the bureau’s sometimes controversial attribution of cyberattacks. But he prudently punts on the Hack of the Century, refusing to reveal details of the FBI investigation into the Houston Astros network intrusion.
On this week’s Lawfare Podcast, Managing Editor Wells Bennett invited Steve Vladeck of both Lawfare and Just Security, and Adam Thurschwell, an attorney with the Office of the Chief Defense Counsel of the Military Commissions, into the Lawfare studio to discuss the D.C. Circuit’s decision in Al Bahlul v. United States. In its ruling, the Court vacated Ali Hamza Suliman al Bahlul’s conviction for inchoate conspiracy—a purely domestic law offense—because Article III of the Constitution permits trial by military commission of offenses against the international laws of war only. The show takes a deep dive into the case and the Court’s opinion, ponders the future of the military commissions, and outlines what we can expect the government to do next in the case.
Privacy advocates are embracing a recent report recommending that the government require bulk data retention by carriers and perhaps web service providers, exercise extraterritorial jurisdiction over data stored abroad, and expand reliance on classified judicial warrants. In what alternative universe is this true, you ask? No need to look far. That’s the state of the debate in our closest ally. The recommendations were given to the United Kingdom by an independent reviewer, David Anderson.
It isn't every day that Iranian spies try to recruit you, so it's a special edition of Rational Security, one in which a front group for the Iranian intelligence services make a play for Shane Harris. If you missed Shane's hilarious story about this episode, check it out now. It opens:
Welcome to an emergency Jihadology Podcast about the fluid situation amongst Caucasus jihadis in Syria and back at home.
Jack Goldsmith and Marty Lederman sit down to discuss the Supreme Court’s Zivotofksy ruling. In its opinion, the Court ruled that the President has the exclusive power to recognize foreign sovereigns, and he therefore can disregard a congressional statute requiring him to designate “Israel” on the passports of U.S. citizens born in Jerusalem. What are the consequences of this broad decision? What does the Court's opinion now mean for the method of determining the President’s exclusive powers? And could the Court have reached a more limited ruling?
A new episode of Rational Security is out in an unusually Israel-focused episode. We discuss Israeli Prime Minister Benjamin Netanyahu's speech at the Herzliya Conference on national security, in which he spent a lot of time talking the economy. We talk about about the Zivotofsky ruling. And we talk about coming surveillance fights in legislation that, on their faces anyway, have nothing to do with surveillance.