The Week That Was

The Week that Was: All of Lawfare in One Post

By Elliot Setzer
Saturday, April 4, 2020, 11:16 AM

Masha Simonova and Nathaniel Sobel analyzed the federal executive emergency authorities available to address the coronavirus pandemic. Manal Cheema and Ashley Deeks explained the legal basis for prosecuting purposeful coronavirus exposure as terrorism. Hilary Hurd analyzed Britain’s COVID-19 response. Amanda Sloat discussed the implications of the virus for Brexit.

Jen Patja Howell shared an episode of the Lawfare Podcast featuring dispatches about how nine different countries are handling the COVID-19 outbreak:

Stewart Baker shared the most recent episode of the Cyberlaw Podcast, discussing how to use mobile phone location services to fight the pandemic:

Baker also argued that Singapore’s location tracking app could save American lives.

Bobby Chesney and Steve Vladeck shared an episode of the National Security Law Podcast, discussing the power of the federal government in relation to state public health directives and what data-gathering might occur in the coming weeks to support public health measures:

Vanda Felbab-Brown analyzed what coronavirus means for online fraud, forced sex, drug smuggling and wildlife tracking.

Tom Wheeler explained how the internet’s design prevents spikes in traffic during the COVID-19 pandemic from slowing everything to a halt.

Jen Patja Howell shared the most recent episode of Rational Security, discussing what the pandemic shows us about the strengths of a democracy versus an autocracy:

Lester Munson shared an episode of Fault Lines, discussing the implications of COVID-19 for American foreign policy:

Stewart Baker shared a bonus episode of the Cyberlaw Podcast discussing Israel’s technology- and surveillance-heavy approach to the COVID-19 pandemic with Yuval Shany, an Israeli human rights expert and professor at Hebrew University:

Benjamin Wittes analyzed the implications of the Justice Department inspector general’s memorandum on FBI compliance with FISA procedures. Jeremy Gordon summarized the inspector general’s memo, and Elliot Setzer shared the document.

Chesney and Vladeck also shared an episode of the National Security Law Podcast discussing the inspector general’s report:

Kasey Stricklin examined why Russia uses disinformation. Gary Corn discussed coronavirus disinformation and the need for states to bolster international law.

Patja Howell shared an episode of the Lawfare Podcast’s “Arbiters of Truth” series featuring an interview with Nate Persily of Stanford Law School about whether democracy can survive the internet:

Lawfare continued this past week to feature commentary on the recently released Cyberspace Solarium Commission report. Brandon Valeriano argued that, without a firm grip on the potential for escalation in cyber conflict, the United States will be unable to contain the fallout when assertive operations are conducted. Jacquelyn Schneider examined the challenges associated with developing a cyber strategy that specifically addresses the Department of Defense. And Lindsay Gorman argued that the U.S.—along with its democratic allies—should increase its representation at international standards bodies.

Daniel Byman and Israa Saber examined the U.S.’s use of warlords to fight terrorist groups.

Patja Howell shared an episode of the Lawfare Podcast, featuring an interview with the New York Times’s Ben Hubbard on MBS: The Rise to Power of Mohammed Bin Salman:

Dustin Lewis and Naz Modirzadeh examined whether a U.N. counterterrorism body can and should authoritatively interpret and assess compliance with international humanitarian law.

Patja Howell also shared a bonus edition of the Lawfare Podcast, featuring an interview with Dan Drezner, professor at the Fletcher School at Tufts University, on zombies, viruses and toddlers:

Adham Sahloul and Shadi Hamid analyzed how foreign policy factors into the 2020 election for American Muslims.

Justin Sherman analyzed the risks posed by TikTok.

And Jakob Bund argued that the United States is now using indictments against the People’s Liberation Army to pursue a range of independent objectives with audiences beyond China’s leadership.

And that was the week that was.