SinoTech
U.S.-China Tech Decoupling Accelerates With New Export Controls on Chinese Quantum Computing Companies
Brian Liu, Raquel Leslie Wed, Dec 1, 2021, 2:53 PM
Lawfare’s biweekly roundup of U.S.-China technology policy news.
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Donald Trump
Trump’s Intelligence Briefings: Better Than Some Feared, Worse Than Many Hoped
David Priess Thu, Dec 2, 2021, 12:05 PMNew information about interactions between intelligence officers and Donald Trump as a presidential candidate, as president-elect and as president points to the limits of what an enterprise dedicated to presenting objective intelligence can do for a customer who proves unwilling or unable to recognize and appreciate it.
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Jan. 6: Congress
The D.C. Circuit Takes on Executive Privilege
Scott R. Anderson, Quinta Jurecic, Jonathan Shaub, Benjamin Wittes Tue, Nov 30, 2021, 7:07 PMThe oral argument took hours. The result is not hard to predict.
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China
Understanding the Pro-China Propaganda and Disinformation Tool Set in Xinjiang
Darren Linvill, Patrick Warren Wed, Dec 1, 2021, 6:24 PMInauthentic social media accounts attributed to China have been identified as part of a disinformation campaign to defend the country’s treatment of the Uyghur Muslim minority in Xinjiang.
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Inspector General
A White House Inspector General for Accountability
Yevgeny Vindman Thu, Dec 2, 2021, 9:01 AMThe White House lacks an important mechanism for accountability, documenting wrongdoing and executing corrective action. A quasi-inspector general specifically tasked with ensuring proper function of the staff and free from interference from other senior officials could offer a solution.
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The January 6 Project
Introducing the January 6 Project
Rohini Kurup, Natalie K. Orpett Tue, Nov 30, 2021, 10:18 AMLawfare is launching The January 6 Project, which compiles Lawfare’s coverage, analysis and resources related to the legal and policy issues arising out of the Jan. 6 attack and the government response.
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Podcasts
The Lawfare Podcast: How Zoom Thinks About Content Moderation
Jen Patja Howell Thu, Dec 2, 2021, 5:01 AMThis week on Arbiters of Truth, our series on the online information ecosystem, Evelyn Douek and Quinta Jurecic spoke with some of the people behind the app that, by this point in the pandemic, you’re probably sick of: Zoom. Quinta and Evelyn sat down with Josh Kallmer, Zoom’s head of global public policy and government relations, and Josh Parecki, Zoom’s associate general counsel and head of trust and safety.
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Policing in America
What Is Qualified Immunity, and What Does It Have to Do With Police Reform?
Nathaniel Sobel Sat, Jun 6, 2020, 12:16 PMThe protests ignited by the police killing of George Floyd have put a spotlight on the legal doctrine of qualified immunity—one of many structural factors that makes it difficult to hold police officers accountable for wrongdoing.
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Congress
Where Is the Biden Administration on Presidential Reform?
Jack Goldsmith Tue, Nov 30, 2021, 2:36 PMIt is important to U.S. democracy and President Biden’s legacy that his administration actively and openly support some of the central reforms now on the table.
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Podcasts
The Lawfare Podcast: Trump and His Intelligence Briefings with David Priess
Jen Patja Howell Wed, Dec 1, 2021, 5:01 AMThe CIA has opened a window into former president Donald Trump's always interesting and frequently contentious relationship with the intelligence community. A newly published history confirms a lot of what we already knew about Trump's preferences—like that he didn't actually read his daily top secret briefing—but it also shows Trump as privately more appreciative of career intelligence professionals than his public broadsides against their deep-state bosses might suggest.
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Cybersecurity
Technology Diplomacy Changes Are the Right Start
Laura Bate, Matthew Cordova Mon, Nov 29, 2021, 8:01 AMThe State Department must retain the focus of top leadership and continue to work with Congress to ensure the long-term success of its new technology-focused bureau and special envoy.
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Documents
Livestream: D.C. Circuit Hears Donald Trump v. Bennie Thompson
Emily Dai Tue, Nov 30, 2021, 9:16 AMAt 9:30 a.m. on Nov. 30, the United States Court of Appeals for the District of Columbia Circuit will hear arguments to evaluate whether former President Trump can block the release of documents related to the Jan. 6 attack on the Capitol.
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Afghanistan
Establishing a Humanitarian Financial Corridor for Afghanistan
Alex Zerden Mon, Nov 15, 2021, 9:17 AMResponsibly privatizing Afghan central bank functions could help alleviate a cascading economic and humanitarian catastrophe.
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Policing in America
Can Law Enforcement Officers Refuse to Identify Themselves?
Rachel Brown, Coleman Saunders Fri, Jun 12, 2020, 12:46 PMIt’s complicated.
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Offensive cyber operations
Recent Additions to Entity List Part of Broader U.S. Effort Targeting Spyware
Charles Capito, Brandon L. Van Grack, Logan Wren Mon, Nov 29, 2021, 8:01 AMThe Commerce Department’s addition of four entities to the export control Entity List highlights accelerated efforts to target companies providing cyber services to certain foreign governments—especially when human rights are at stake.
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South China Sea
Tribunal Issues Landmark Ruling in South China Sea Arbitration
Robert D. Williams Tue, Jul 12, 2016, 11:28 AMThe wait is over: a judgment has been issued in the Philippines v. China South China Sea arbitration. A five-judge tribunal constituted under the Permanent Court of Arbitration (PCA) in The Hague has released its much-anticipated Award concerning the Philippines’ challenge to a number of China’s maritime claims and activities in the region.
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U.S. Supreme Court
Summary: The Supreme Court Rules in Carpenter v. United States
Sabrina McCubbin Fri, Jun 22, 2018, 2:05 PMOn Friday, June 22, the Supreme Court issued its much-anticipated opinion in Carpenter v. United States, holding that a warrant is required for police to access cell site location information from a cell phone company—the detailed geolocation information generated by a cellphone’s communication with cell towers.
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Podcasts
Rational Security 2.0: The 'Holiday Hangover' Edition
Jen Patja Howell Wed, Dec 1, 2021, 12:01 PMThis week, Alan, Quinta and Scott go guestless as they sat down to discuss the week's national security news, including:
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Today's Headlines and Commentary
Today’s Headlines and Commentary
Emily Dai Wed, Dec 1, 2021, 2:39 PMLawfare’s daily roundup of national security news and opinion.
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The January 6 Project
What Do—and Will—the Criminal Prosecutions of the Jan. 6 Capitol Rioters Tell Us?
Roger Parloff Thu, Nov 4, 2021, 10:41 AMA look at the guilty pleas so far sheds light on who the defendants are, what their goals were, how evidence is being gathered, and how prosecutors and judges are coping with the largest federal criminal investigation in history.