The Week That Was

The Week That Was: All of Lawfare in One Post

By Garrett Hinck
Sunday, November 19, 2017, 1:18 PM

Daniel Byman, Sarah Tate Chambers, Zann Isacson and Chris Meserole previewed their upcoming series on regulating terrorist content on the Internet.

Alan Rozenshtein analyzed how a bill making tech companies liable for sex trafficking on their platforms could signal a change in online platforms’ legal responsibility for user content.

On Tuesday, Shannon Togawa Mercer liveblogged Attorney General Jeff Sessions’ testimony before the House Judiciary Committee.

Vanessa Sauter posted Tuesday's episode of the Lawfare Podcast, featuring an interview between Alina Polyakova and Andrei Soldatov on Russian influence operations:

J. Dana Stuster discussed the connections between Saudi Arabia’s Crown Prince Mohammad bin Salman’s power play domestically and conflicts across the Middle East. Adel Abdel Ghafar analyzed how the crown prince’s moves aimed to construct a new Saudi political order. Karen Young argued that Crown Prince's very political anti-corruption purge has overshadowed the slow progress in Saudi Arabia’s economic reform agenda.

Harleen Gambhir surveyed the growing list of groups affiliated with the Islamic State that may come under the scope of the 2001 AUMF.

Vanessa Sauter posted the conference report for the National Defense Authorization Act for fiscal year 2018. Robert Chesney highlighted the NDAA’s cybersecurity provisions. Scott Anderson reviewed some of the key policy provisions in the NDAA on a range of security issues.

Chesney and Steve Vladeck shared the National Security Law Podcast, covering among other issues, an en banc FISC decision and the NDAA:

Covering military commission hearings in U.S. v. al-Nashiri, Sarah Grant summarized developments from Nov. 3, Nov. 7 and Nov. 8 and 10.

Russell Spivak summarized Moath Hamza Ahmed Al-Alwi's appeal to the D.C. Circuit and his petition for an en banc hearing. 

Scott Anderson discussed the implications of in re Vitamin C for federal courts’ deference to the government on questions of interpreting foreign law.

Vanessa Sauter posted the White House’s statement and charter for the revised Vulnerabilities Equities Process. Kate Charlet, Sasha Romanosky and Bert Thompson argued that the international community should take note of U.S. progress on vulnerabilities equities and work towards a framework regarding use of zero-days.

Evelyn Douek  overviewed the European Union’s efforts to fight fake news.

Stewart Baker shared the Cyberlaw Podcast, featuring discussions with Nicholas Weaver about the re-emerging encryption debate and with Michael Sulmeyer about the NDAA:

Benjamin Wittes posted the “DMs on the DL” edition of Rational Security:

Robert Williams outlined how fear of Chinese corporate influence motivates a bipartisan bill to reform the Committee on Foreign Investment in the United States (CFIUS).

Jimmy Chalk updated Water Wars, covering President Trump’s trip to Asia.

Shannon Togawa Mercer posted Philip Heymann’s, “The Art of the Cover Up: Watergate,” the latest entry in the Lawfare Research Paper Series.

Vanessa Sauter shared Saturday's episode of the Lawfare Podcast, featuring an interview between Benjamin Wittes and Cass Sunstein on Sunstein’s book “Impeachment: A Citizen’s Guide.”

Garrett Hinck posted the video and testimony from the Senate Foreign Relations Committee's hearing on the president's’ authority to order the use of nuclear weapons.

Vincent Vitkowsky reviewed Jeremy Rabkin and John Yoo’s book: “Striking Power: How Cyber, Robots, and Space Weapons Change the Rules of War.”

In the Foreign Policy Essay, Dave Blair and Karen House argued that drone warfare is morally and psychologically hazardous to its operators.

And Orin Kerr discussed four considerations to supplement his amicus brief in Carpenter v. U.S.

And that was the week that was.