The Week That Was

The Week That Was: All of Lawfare in One Post

By Ajay Sarma
Monday, August 16, 2021, 10:39 AM

Jessica Davis analyzed the international security implications of central bank digital currencies in this week’s Foreign Policy Essay.

Jen Patja Howell shared an episode of the Lawfare Podcast focused on the international political and security issues at the Olympics in which Rohini Kurup, Bryce Klehm and Jacob Schulz interview Roy Tomizawa, an author; Libby Lange, former speech-writer for Taiwanese president Tsai Ing-wen; Ethan Scheiner, professor at UC Davis; and Claire Collins, an Olympic rower:

Alan Rozenshtein analyzed the implications of the Biden administration’s messaging around the legal sources it consulted in crafting the Centers for Disease Control and Prevention (CDC) eviction moratorium and what it means for the Biden administration to have or have not consulted the Justice Department.

Jack Goldsmith argued that the Biden administration’s handling of the CDC election moratorium has negative impacts on its credibility.

Darrell West shared the latest episode of the TechTank podcast, which discusses the shortcomings of state unemployment insurance programs revealed during the coronavirus pandemic:

Howell shared an episode of the Lawfare Podcast in which Rozenshtein speaks to Ben Kaiser and John Mayer, two Princeton University computer scientists, about novel methods for combatting misinformation:

Raul “Pete” Pedrozo argued that recent Chinese actions in the South China Sea demonstrate a pattern of disregard for international law.

Klehm announced this week’s Lawfare Live during which Lawfare Editor in Chief Benjamin Wittes and Fellow in Cybersecurity Law Alvaro Marañon discussed the growing ransomware problem:

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Klehm also shared the Director of National Intelligence’s 21st Joint Assessment of Section 702 Compliance, which covers June 1, 2018 to Nov. 30, 2018.

Howell shared an episode of the Lawfare Podcast in which Wittes discusses the Biden administration’s new eviction moratorium with Rozenshtein and Goldsmith:

Daniel Kriess and Madhavi Reddi analyzed racist and sexist attacks on Vice President Kamala Harris and what they reveal about the use of identity politics to undermine political standing.

John Bellinger argued that Sarah Cleveland’s nomination as legal adviser for the Department of State is a good decision and that she should be confirmed soon.

Marañon and Wittes analyzed the existing legal framework around ransomware payments and its shortcomings.

Howell shared the latest episode of the Arbiters of Truth miniseries in which Quinta Jurecic spoke with Heidi Tworek, an associate professor at the School of Public Policy and Global Affairs and History at the University of British Columbia, about a recent essay in which she argued that history may provide clues to managing misinformation and disinformation:

Lindsay Wiley and Steve Vladeck argued that vaccine mandates can withstand constitutional challenges, as evinced by precedents set before the pandemic.

Abby Lemert and Eleanor Runde discussed China’s latest tech crackdown and the country’s pivot away from internet-based services as an economic focus and new COVID-19 outbreaks in the country, in addition to other news, in this week’s installment of SinoTech.

Ajay Sarma shared a memorandum opinion from the U.S. District Court for the District of Columbia that allows Rep. Devin Nunes’s defamation suit against the Washington Post to proceed.

Sarma also shared an opinion from the U.S. District Court for the District of Columbia that blocks a House Oversight Committee subpoena for Trump’s financial records held by an accounting firm, except for requisitioned documents related to Trump’s lease agreement for the Old Post Office Building in Washington, D.C. and records from 2017 and 2018 to investigate potential violations of the Foreign Emoluments Clause.

Sarma also shared an opinion from the D.C. District Court that declines to dismiss Dominion’s defamation lawsuits against Sidney Powell and her firm, Rudy Giuliani and Mike Lindell and his company MyPillow.

Bobby Chesney and Vladeck shared the latest episode of the National Security Law Podcast in which they discuss AUMF reform, Presidential Policy Guidance related to the use of lethal force outside areas of active hostilities, unanimous panels in courts-martial and more.

Howell shared an episode of the Lawfare Podcast in which Rozenshtein sat down with Mayank Varia, a cryptographer at Boston University, and Riana Pfefferkorn, a research scholar at the Stanford Internet Observatory to discuss Apple’s announcement that future iPhone operating systems would scan photos for child exploitation material:

Mark Montgomery and Natalie Thompson discussed the positive aspects of the Senate-passed United States Competition and Innovation Act.

Chesney and Steve Slick announced this year’s Inman Award Winners from the Intelligence Studies Project of the University of Texas at Austin.

And that was the week that was.