The Week That Was

The Week That Was: All of Lawfare in One Post

By Benjamin Pollard
Saturday, June 11, 2022, 12:11 PM

Roger Parloff discussed the legal landscape for Section 3 of the 14th amendment cases in light of the ruling in Cawthorn v. Amalfi et al., and how the ruling may impact former President Trump should he run for president again. 

Katherine Pompilio shared an episode of Lawfare No Bull in which the House Select Committee to Investigate the January 6 Attack on the United States Capitol held the first of several public hearings in June:

Rohini Kurup shared a livestream of the hearing.

Kurup and Pompilio posted a superseding indictment charging five members of the Proud Boys with seditious conspiracy.

Pompilio posted a national terrorism advisory warning from the Department of Homeland Security stating that the country remains in a “heightened threat environment” amid a rise in domestic extremism threats.

Jen Patja Howell shared an episode of Rational Security in which Alan Rozenshtein, Quinta Jurecic, and Scott R. Anderson were joined by Molly Reynolds to discuss Russia’s attempt to hold eastern Ukraine, the House select committee's public hearing, and the prosecutions of those allegedly involved in the Jan. 6 attack:

Howell also shared an episode of the Lawfare Podcast in which Benjamin Wittes sat down with Oleksandra Matviychuk to discuss her experience as a war crimes documenter, the current challenge of documenting and prosecuting Russian war crimes, and how the Ukrainian war effort relates to the project of defending civilians and preventing further war crimes:

Dina Esfandiary explained how the Russian invasion of Ukraine is changing the relationship between the United States and the United Arab Emirates.

Pompilio shared an episode of #LiveFromUkraine in which Wittes sat down with Anastasiia Lapatina, a journalist at the Kyiv Independent and co-host of the podcast “Did The War End”:

Ryan Scoville discussed China’s written agreements with U.S. states that promote technology transfer in strategically sensitive fields.

Stewart Baker shared an episode of the Cyberlaw Podcast that featured conversations with Dave Aitel, Jane Bambauer, and Mark MacCarthy about weaknesses in Chinese national security, Cyber Command operations in support of Ukraine, the politics of national privacy legislation, and more:

Adina Renee Adler and Haley Ryan discussed China’s growing influence over mineral resources in Latin America in light of the Summit of Americas.

Jordan Schneider shared an episode of ChinaTalk in which he sits down with co-host Athena Cao to discuss a failed English teacher’s plan to expand Mister Softee in China:

James Mulvenon explained why regulatory enforcement should be strengthened against companies violating the expanded Huawei Foreign Direct Product Rule in light of numerous violations.

Pompilio posted the Supreme Court’s decision in Egbert v. Boule.

Howell shared an episode of the Lawfare Podcast in which Evelyn Douek and Jureic sat down with Genevieve Lakier to discuss the Supreme Court ruling blocking a Texas law from going into effect that would have limited how social media companies could moderate their platforms and required companies to abide by various transparency requirements:

Mark MacCarthy argued that the Eleventh Circuit’s ruling on a Florida social media law provides important guidance to legislators working on social media regulation and is a vindication of a consumer protection approach to social media content moderation.

Peter Swire argued that the American Data Privacy and Protection Act would provide numerous substantive privacy protections that are long overdue.

Alicia Wanless and Kamya Yadav discussed the differences between transparency reporting and data sharing and the need for clearer definitions for these topics in regulations.

David Priess shared an episode of Chatter in which he sat down with Lewis Sage-Passant to discuss the history of private sector intelligence efforts, the Pinkertons, and the development of intelligence around modern corporations, among other topics:

Max Smeets argued that the market for zero-day exploits is inefficient and prone to failure. 

Howell shared an episode of the Lawfare Podcast in which Stephanie Pell sat down with Lindsay Polley to discuss the Vulnerabilities Equities Process and how its current state impedes its ability to advance long-term social good:

Howell also shared an episode of the Lawfare Podcast in which Jack Goldsmith sat down with Richard Hanania to discuss the differences between public choice theory and American grand strategy in explaining U.S. foreign policy outcomes:

Jim Dempsey explained how legislation moving through Congress on medical devices suggests broader lessons for improvements in the cybersecurity of critical infrastructure and essential products. Howell shared an episode of the Lawfare Podcast in which Goldsmith sat down with Mitt Regan to discuss the effectiveness of targeted strikes outside of active theaters of combat against al-Qaeda and affiliates and their impact on civilians:

And Jane Bambauer argued that Europe’s new Digital Markets Act may unintentionally hurt privacy and competition due to its lack of coherence with the General Data Protection Regulation.

And that was the week that was.