The Week That Was
The Week That Was: All of Lawfare In One Post
John A. Emmons Fri, Feb 3, 2023, 3:42 PM
Your weekly summary of everything on the site.
Emergency Power
A Chance for the Courts to Rein in Governing by Emergency
Kristy Parker, Justin Florence, Genevieve Nadeau, Soren Dayton, Scott Welder Fri, Feb 3, 2023, 3:40 PM
Two seemingly unrelated Supreme Court cases up for oral argument in the next few weeks will have important implications for the use of emergency powers by the executive branch—and for the long-term health of U.S. democracy.
Cyber & Technology
Global Technology Products, U.S. Security Policy, and Spectrums of Risk
Justin Sherman Fri, Feb 3, 2023, 8:01 AM
Some policymakers are declaring non-U.S. tech companies, products, and services a risk to U.S. security—and proposing bans in response. But before barreling ahead, policymakers need to consider several questions.
Podcasts
The Lawfare Podcast: The CLOUD Act Five Years Later
Jen Patja Howell Fri, Feb 3, 2023, 5:01 AM
Next month will mark the five-year anniversary of the CLOUD Act, a foundational piece of legislation on cross-border data transfers and criminal investigations. Before he was a University of Minnesota law professor and senior editor at Lawfare, Alan Rozenshtein worked in the Department of Justice where he was a member of the team that developed the CLOUD Act. In that capacity, he interacted with representatives from the large tech companies that would be most directly affected by the law.
Chatter
The Chatter Podcast: M. Todd Bennett on the Secretive Story of the Glomar Explorer
David Priess Thu, Feb 2, 2023, 12:11 PM
Shane Harris spoke with intelligence historian M. Todd Bennett to discuss his new book, "Neither Confirm nor Deny: How the Glomar Mission Shielded the CIA from Tranpsarency," on how the exposure of a CIA secret program, codenamed AZORIAN, led to a public backlash against disclosures of classified information and helped reenforce the culture of secrecy that envelops the CIA's world.
Podcasts
Rational Security: The 'When the Bower Breaks News' Edition
Jen Patja Howell Thu, Feb 2, 2023, 12:01 PM
This week, Alan, Quinta, and Scott were joined by Lawfare special Georgia correspondent Anna Bower to talk through the week's big national security news stories, including:
National Security Strategy
Civilian Harm Mitigation: An Opportunity for Values-Based U.S. Leadership at NATO
Marc Garlasco, Andrew Hyde Thu, Feb 2, 2023, 8:16 AM
A robust new U.S. push to mitigate civilian harm in conflict serves as a signal for NATO to get serious about implementing its approach to human security, but most recently, Ukraine reinforces the broader and more integrated approach championed by NATO allies.
John Eastman
John Eastman and the Limits of Bar Discipline
Quinta Jurecic Thu, Feb 2, 2023, 8:01 AM
A close look at the California bar’s charges against John Eastman reveals how professional discipline can help hold lawyers responsible for their role in Jan. 6—and how it can’t.
Podcasts
The Lawfare Podcast: 'Come to This Court and Cry: How the Holocaust Ends,' with Linda Kinstler and Sam Moyn
Jen Patja Howell Thu, Feb 2, 2023, 5:01 AM
Last December, a German court convicted a 97-year-old former Nazi camp secretary of complicity in the murder of more than 10,000 people in what the media called—once again—the last Nazi trial. After almost eight decades, the Holocaust is still being litigated, remembered, and all-too-often misremembered.
Artificial Intelligence
It Was Smart for an AI
Eve Gaumond, Benjamin Wittes Wed, Feb 1, 2023, 12:56 PM
ChatGPT says it won’t write offensive content. We set out to test whether that’s true.
Afghan assets
Central Bank Immunity, Afghanistan, and Judgments Against the Taliban
Ingrid (Wuerth) Brunk Wed, Feb 1, 2023, 8:11 AM
International law and U.S. foreign policy provide powerful reasons to require clearer direction from the political branches before ordering the turnover of Afghan central bank assets to U.S. judgment creditors.
Podcasts
The Lawfare Podcast: ChatGPT Tells All
Jen Patja Howell Wed, Feb 1, 2023, 5:01 AM
You've likely heard of ChatGPT, the chatbot from OpenAI. But you’ve likely never heard an interview with ChatGPT, much less an interview in which ChatGPT reflects on its own impact on the information ecosystem. Nor is it likely that you’ve ever heard ChatGPT promising to stop producing racist and misogynistic content.
The National Security Law Podcast
The National Security Law Podcast: If You Go to Washington Don't Crime There
Robert Chesney, Steve Vladeck Tue, Jan 31, 2023, 11:50 AM
What’s this, a one-week turnaround between shows? Will wonders never cease? In a throwback to the days of this being a weekly show, your co-hosts Bobby Chesney and Steve Vladeck are back on a quick turnaround in order to debate and discuss:
The Cyberlaw Podcast
The Cyberlaw Podcast: Suddenly, Everyone Is Gunning for Google
Stewart Baker Tue, Jan 31, 2023, 10:20 AM
The latest episode of the Cyberlaw Podcast.
ChinaTalk
ChinaTalk: War in Taiwan: Who Would Win?
Jordan Schneider Tue, Jan 31, 2023, 10:19 AM
China v Taiwan: who would win? Michael O'Hanlon, a senior fellow and director of research at Brookings. He specializes in U.S. defense strategy, the use of military force, and American national security policy.
We discuss:
Election Security
The Lessons of the Electoral Count Reform Act: Next Steps in Reform
Bob Bauer, Jack Goldsmith Tue, Jan 31, 2023, 8:31 AM
What recent successful governance reforms teach about future reforms of the presidency.
International Law
The U.N. Cybercrime Convention Should Not Become a Tool for Political Control or the Watering Down of Human Rights
Karine Bannelier Tue, Jan 31, 2023, 8:16 AM
Negotiations for a U.N. cybercrime convention have entered a critical stage. U.N. member states disagree on what “cybercrime” means and what should be the human rights safeguards of the future convention.
Podcasts
The Lawfare Podcast: Even More Classified Documents
Jen Patja Howell Tue, Jan 31, 2023, 5:01 AM
It seems like everyone has classified documents stashed away these days. First, it was Donald Trump, with the Justice Department investigation into documents stored improperly at Mar-a-Lago. Then, it was Joe Biden, with news that documents bearing classification markings were found at Biden’s Wilmington home and at the Penn Biden Center. And now, former Vice President Mike Pence has also uncovered classified materials at his home. What on earth is going on?
The Week That Will Be
The Week That Will Be
Avery Schmitz Mon, Jan 30, 2023, 3:58 PM
Lawfare's weekly roundup of event announcements and employment opportunities.
TechTank
TechTank: Is Economic Decoupling Possible for the United States?
Darrell West Mon, Jan 30, 2023, 2:01 PM
For several decades, many American companies have shifted manufacturing to countries such as China and India. The idea was to integrate the global economy, allow various nations to focus on different sectors, and build global supply chains that used components from many different places. However, when the COVID-19 pandemic emerged in 2020, it wreaked havoc on this model. Shortages developed and strained companies’ ability to get the components needed for their products.