The Week That Was

The Week that Was: All of Lawfare in One Post

By Elliot Setzer
Saturday, April 18, 2020, 11:28 AM

Adam Klein and Benjamin Wittes discussed the long history of coercive health responses—including the powers of quarantine and isolation—in American law.

Raphael S. Coen argued that the novel coronavirus will not stop globalization.

Jen Patja Howell shared an episode of the Lawfare Podcast discussing what the coronavirus response has meant for immigration policy, ICE and CBP:

She also shared an episode of the Lawfare Podcast featuring an interview with Camille François, the Chief Innovation Officer at Graphika, about a new report on COVID-19 disinformation:

Constanze Stelzenmüller and Sam Denney argued that the coronavirus is a severe test for Germany’s postwar constitution.

Bobby Chesney and Steve Vladeck shared an episode of the National Security Law Podcast discussing President Trump’s powers to adjourn Congress and reopen the economy:

Hadley Baker shared a condensed version of the National Security Law Podcast as a bonus edition of the Lawfare Podcast:

Chesney also provided a road map and recommendations for a system of COVID-19 enhanced contact tracing that safeguard privacy.

Conversely, Stewart Baker argued that Google and Apple’s COVID-19 tracking design leaves out crucial capabilities because of an excessive concern with privacy.

Baker also shared an episode of the Cyberlaw Podcast featuring a discussion of Google and Apple’s new coronavirus tracking framework and an interview with Sen. Angus King on what the Cyberspace Solarium Commission report means for the private sector:

Patja Howell shared an episode of Rational Security discussing the viability of contact tracing and the Trump administration’s decision to withdraw funding from the World Health Organization:

Michael Morley discussed which election modifications to avoid in responding to the coronavirus pandemic.

Herb Lin argued that the House of Representatives needs an audit system for not-in-person voting.

Laura Livingston analyzed Hungary’s authoritarian response to the COVID-19 crisis.

And Patja Howell shared an episode of the Lawfare Podcast discussing Viktor Orbán’s use of the pandemic to seize power and rule by decree:

Arian Tabatabai and Colin Clarke argued that the U.S. strategy of maximum pressure still won’t sway Iran.

Patja Howell shared an episode of the Lawfare Podcast featuring an interview with Stan Brand, who formerly served as the general counsel to the U.S. House of Representatives, on the state of congressional oversight and subpoena power:

Jeremy Grant and Paul Rosenzweig argued that the United States must act to improve digital identity verification.

Joakim Reiter argued that after the COVID-19 pandemic passes, the Trump administration’s insistence that allies ban Huawei will grow even harder to sell.

Elliot Setzer shared a Ninth Circuit ruling that Facebook users could pursue several wiretap and privacy claims against the company.

Eileen Decker and Mieke Eoyang argued that the U.S. needs better cybercrime data.

Justin Sherman analyzed recent U.S. actions to address risks associated with foreign telecom firms.

Mary McCord and Jon Lewis argued that the State Department should designate the Russian Imperial Movement as a foreign terrorist organization.

Setzer shared a brief from the House Judiciary Committee in the en banc rehearing of the McGahn subpoena case.

Bruce Riedel reviewed Kim Ghattas’s new book “Black Wave: Saudi Arabia, Iran and the Forty-Year Rivalry That Unraveled Culture, Religion, and Collective Memory in the Middle East.”

And Paul Rosenzsweig recommended a recently published book on global privacy law.

And that was the week that was.