The Week That Was

The Week that Was: All of Lawfare in One Post

By Ajay Sarma, Christiana Wayne
Saturday, June 12, 2021, 4:29 PM

Robert Hills, Matt Kubic and Bill Mayew argued that when the Securities & Exchange Commission focuses on terrorism, it misses instances of more traditional financial misrepresentation. 

Jen Patja Howell shared an episode of the Lawfare Podcast in which Lawfare Managing Editor Jacob Schulz, Senior Editor Alan Rozenshtein and Contributing Editor Susan Landau discuss the failure of digital contact tracing methods during the coronavirus pandemic:

Joshua Busby, Archit Oswal and Steve Slick discussed public opinion on the U.S. intelligence community based on a new report of polling data from the Chicago Council on Global Affairs.

Steven M. Bellovin and Adam Shostack argued that the new Cyber Security Review Board is a good step, but additional action could maximize the board’s potential.

Christiana Wayne shared the Supreme Court’s decision not to hear a challenge to the military draft’s male-only registration. In a statement accompanying the denial of certiorari, Justice Sonia Sotomayor emphasized the court’s deference to Congress on this policy.

Jordan Schneider shared an episode of ChinaTalk in which he interviews Dr. Yan Zheng, senior technical staff specializing in microelectronics at In-Q-Tel, about CIA investment in startups, how anti-Asian violence has affected the research community and more:

Rohini Kurup shared the Senate Rules and Administration and the Homeland Security and Governmental Affairs Committees’ 127-page joint report on the Jan. 6 assault on the Capitol. Bryce Klehm announced a Lawfare Live episode which featured a conversation between Lawfare Senior Editors Molly Reynolds and Quinta Jurecic and Editor-in-Chief Benjamin Wittes on the Senate’s first, and perhaps only, report on the events of Jan. 6. And Jurecic and Reynolds argued in an article that the Senate’s report is both useful and profoundly incomplete:

powered by CrowdcastHowell shared an episode of the Lawfare Podcast in which Alicia Wanless, director of the Partnership for Countering Influence Operations at the Carnegie Endowment for International Peace, sat down with Wittes to discuss countering influence operations:

Dominic Cruz Bustillos, Ian J. Lynch and Alexander Vindman argued for a reinvigorated multilateral approach to combating authoritarian power and preserving a liberal international order.

Ion Meyn discussed the risks of harm that police departments’ use-of-force training pose to civilians.

Stewart Baker shared an episode of the Cyberlaw Podcast which includes discussion on the Biden administration’s approach to the transatlantic data crisis, aftermath of the Colonial Pipeline ransomware attack and more:

Orin Kerr explained what the Supreme Court’s decision in Van Buren v. United States means for the future of the Computer Fraud and Abuse Act.

Howell also shared an episode of Rational Security covering Israel’s new governing coalition, the FBI’s roundup of over 800 suspected criminals using a cellphone app, and the government report on UFOs in American airspace:

Klehm shared the transcript of the House Judiciary Committee’s interview with Donald McGahn, former President Trump’s White House Counsel.

Nicholas Weaver discussed ways governments can disrupt Bitcoin mining and the larger cryptocurrency ecosystem.

Howell shared an episode of the Lawfare Podcast in which Michel Paradis sits down with Lawfare Executive Editor Scott Anderson to discuss the Senate’s new proposed reforms to combat sexual assault in the military:

Wittes shared his thoughts on recent Republican attacks on Lawfare’s former executive editor, Susan Hennessey, following her appointment to a position in the Justice Department’s National Security Division.

Kurup discussed the Supreme Court’s decision to hear United States v. Abu Zubaydah, a case that considers whether a Guantanamo Bay detainee can obtain information about his treatment while in CIA custody.

Howell shared an episode of the Lawfare Podcast’s "Arbiters of Truth" series in which Jurecic interviewed Schulz and Evelyn Douek about Facebook’s decision to ban former-President Trump for at least two years and what it means for the future of the Facebook Oversight Board:

Schulz explained what Facebook’s response to the Facebook Oversight Board’s decision regarding former-President Trump’s account means for Twitter.

Schneider shared an episode of ChinaTalk in which he interviews independent researcher Ben Reinhardt about the Defense Advanced Research Projects Agency, the U.S. research ecosystem and more:

Wayne shared the Interior Department’s inspector general’s report on the June 1, 2020 clearing of demonstrators from Lafayette Park by the U.S. Park Police, which found no evidence that the clearing was motivated by a photo opportunity for former President Trump at St. John’s Episcopal Church. 

Howell shared an episode of the Lawfare Podcast in which Wittes discussed the Lawfare article, “"Toward a New Era for Federal and State Oversight of Local Police” with its authors, Daniel Richman and Sarah Seo, professors at Columbia Law School:

Matt Perault and Samm Sacks argued for the creation of a licensing regime for Chinese companies to simultaneously handle national security threats and avoid the repercussions of economic disassociation from China. 

Abby Lemert and Eleanor Runde shared the latest installment in the "SinoTech" series, in which they discussed Biden’s new executive orders relating to Chinese technology and Huawei’s new operating system, among other developments in Chinese tech news and commentary. 

Bryan Cunningham, John Grant and Chris Jay Hoofnagle analyzed the implications of the Van Buren ruling for data governance and discussed the paths available to policymakers given a narrower reading of the Computer Fraud and Abuse Act. 

And that was the week that was.