Lawfare Daily: ‘38 Londres Street,’ Impunity, and Immunity with Philippe Sands

This week, Scott sat down with his Lawfare colleagues Benjamin Wittes, Kate Klonick, and newly-minted Senior Editor Molly Roberts to talk through the week’s big national security news stories, including:“Peace by Piece.” The first phase of the Trump administration’s peace plan for Gaza went into effect on Monday, resulting in the return of the last living hostages held by Hamas to Israel, among other exchanges. President Trump celebrated the moment with a triumphal speech in front of the Israeli Knesset, followed by a peace conference at Sharm el-Sheikh where the United States signed a joint statement with the heads of state of Egypt, Qatar, and Turkey. While much work remains to be done on implementing the deal, even Trump’s Democratic political rivals have lauded the deal. How much credit does the Trump administration truly deserve? And where is the conflict likely to head from here?“Un-Civil Service.” Since the U.S. government shut down at the end of September, U.S. agency websites and emails have been plastered with messages unequivocally blaming congressional Democrats and the “radical Left.” It’s an unprecedented use of government resources for a set of messages that looks quite political—exactly what the Hatch Act, among other laws, was intended to prevent. Are these messages consistent with the law? “Out of Our Element.” China kicked off a major new phase in its economic war with the United States last week, when it imposed major new export controls and rare earth metals and components derived from them—materials essential to various high-end technologies, including the semiconductors that power artificial intelligence. President Trump has since responded with a threat to impose 100% tariffs on Chinese imports—but what China may really want is a relaxation of export controls on AI-related semiconductors. How big a threat is China’s weaponization of its rare earth exports? And how should the United States and its allies respond?In object lessons, Ben shares his new campaign to troll the Russian embassy—an offensive involving 100 dead sunflowers. Kate has an existential crisis over her (old? new? what is time?) college sweatshirt. Scott gets spicy with a plea to listeners about what to do with his abundance of Bhut Jolokia peppers. And Molly brings a bit of beauty to the party with a Prinsesstårta, no doubt something she’ll be asked to make for the office.To receive ad-free podcasts, become a Lawfare Material Supporter at www.patreon.com/lawfare. You can also support Lawfare by making a one-time donation at https://givebutter.com/lawfare-institute.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Lawfare Contributor Mykhailo Soldatenko sits down with Serhii Plokhii, Harvard History Professor and a leading authority on the history of the Cold War and Ukraine, to discuss his new book, "The Nuclear Age: An Epic Race for Arms, Power and Survival," that tells a history of nuclear proliferation and international efforts to tame it. They discuss the role of fear and prestige in a country's decision to acquire nukes, nuclear strikes on Hiroshima and Nagasaki, preventive wars against nuclear aspirants, Ukraine's decision to give up nuclear weapons it inherited from the Soviet Union, and more.  You may also want to look at the following Lawfare pieces about this topic:"Filling the Security Void of the Budapest Memorandum," by Mykhailo Soldatenko "Ukraine's Nuclear Moment," by Eric CiaramellaTo receive ad-free podcasts, become a Lawfare Material Supporter at www.patreon.com/lawfare. You can also support Lawfare by making a one-time donation at https://givebutter.com/lawfare-institute.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Erie Meyer, Senior Fellow at Georgetown Law’s Institute for Technology Law & Policy and Senior Fellow at the Vanderbilt Policy Accelerator, and Laura Edelson, Assistant Professor of Computer Science at Northeastern University, who are coauthors of the recent toolkit, “Working with Technologists: Recommendations for State Enforcers and Regulators,” join Lawfare’s Justin Sherman to discuss how state enforcers and regulators can hire and better work with technologists, what technologists are and are not best-suited to help with, and what roles technologists can play across the different phases of enforcer and regulator casework. They also discuss how to best attract technologists to enforcement and regulation jobs; tips for technologists seeking to better communicate with those lawyers, compliance experts, and others in government with less technology background; and how this all fits into the future of AI, technology, and state and broader regulation.To receive ad-free podcasts, become a Lawfare Material Supporter at www.patreon.com/lawfare. You can also support Lawfare by making a one-time donation at https://givebutter.com/lawfare-institute.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

In a live conversation on YouTube, Lawfare Editor in Chief Benjamin Wittes sat down with Lawfare Public Service Fellow Loren Voss and Senior Editors Anna Bower, Roger Parloff, Eric Columbus, and Molly Roberts to discuss the legal challenges to the National Guard deployment in Portland and Chicago, a hearing over the attempted deportation of Kilmar Abrego Garcia, the arraignment of James Comey, and so much more.You can find information on legal challenges to Trump administration actions here. And check out Lawfare’s new homepage on the litigation, new Bluesky account, and new WITOAD merch.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

From January 19, 2024: Last week, the Federal Trade Commission (FTC) reached a settlement with location data broker X-Mode Social. X-Mode collects over 10 billion location data points from all over the world every day, and sells it to clients in a range of industries, like advertisers, consulting firms, and private government contractors. The FTC argued that the data broker was conducting unfair business practices, including selling people’s sensitive location data.To discuss the FTC settlement and its implications, Lawfare's Fellow in Technology Policy and Law Eugenia Lostri sat down with Justin Sherman, Founder and CEO of Global Cyber Strategies and a Senior Fellow at Duke University’s Sanford School of Public Policy. They talked about the FTC’s groundbreaking decision to list sensitive locations about which X-Mode cannot sell data, the likelihood that we will see further FTC action against data brokers, and the persistent need for comprehensive privacy legislation to better address harms.To receive ad-free podcasts, become a Lawfare Material Supporter at www.patreon.com/lawfare. You can also support Lawfare by making a one-time donation at https://givebutter.com/lawfare-institute.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

From October 10, 2023: This morning, Lawfare Editor-in-Chief Benjamin Wittes connected with his old friend Noah Efron about the weekend's events in Israel. Noah is a professor at Bar-Ilan University, a prolific essayist and writer, and the host of The Promised Podcast, a podcast on Israeli life, politics, and culture.In an interview punctuated twice by missile attacks, they discussed what happened over the weekend, the magnitude and horror of the Hamas attack, the impact on Israeli society, and the coming Israeli response in Gaza. They talked about the weird interregnum between the violence over the weekend and the violence that's to come and how quiet things are right now, about whether Israeli society is coming together or whether it is coming apart, about the implications of Hamas holding many hostages for the way the war is going to play out, and more.Please note that this episode contains content that some people may find disturbing. Listener discretion is advised.To receive ad-free podcasts, become a Lawfare Material Supporter at www.patreon.com/lawfare. You can also support Lawfare by making a one-time donation at https://givebutter.com/lawfare-institute.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

David Sullivan, Executive Director of the Digital Trust & Safety Partnership, and Rayi Iyer, Managing Director of the Psychology of Technology Institute at USC’s Neely Center, join Kevin Frazier, AI Innovation and Law Fellow at the University of Texas School of Law and a Senior Editor at Lawfare, to discuss the evolution of the Trust & Safety field and its relevance to ongoing conversations about how best to govern AI.  They discuss the importance of thinking about the end user in regulation, debate the differences and similarities between social media and AI companions, and evaluate current policy proposals.Leo Wu provided excellent research assistance to prepare for this podcast.Read more from David:"Why we need to make safety the product to build better bots," from the World Economic Forum Centre for AI Excellence"Learning from the Past to Shape the Future of Digital Trust and Safety," in Tech Policy PressRead more from Ravi:"Ravi Iyer on How to Improve Technology Through Design," from Lawfare's Arbiters of Truth series"Regulate Design, not Speech," from the Designing Tomorrow Substack Read more from Kevin:"California in Your Chatroom: AB 1064’s Likely Constitutional Overreach," from the Cato InstituteFind Scaling Laws on the Lawfare website, and subscribe to never miss an episode.To receive ad-free podcasts, become a Lawfare Material Supporter at www.patreon.com/lawfare. You can also support Lawfare by making a one-time donation at https://givebutter.com/lawfare-institute.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Jen Roberts, Associate Director of the Atlantic Council’s Cyber Statecraft Initiative, and Sarah Graham, Research Consultant with the Atlantic Council’s Cyber Statecraft Initiative, who are coauthors along with Nitansha Bansal of the recent paper, “Mythical Beasts: Diving Into the Depths of the Global Spyware Market,” join Lawfare’s Justin Sherman to discuss the global spyware industry, how it has evolved in recent years, and what its future holds. They also discuss the geographic concentration of key spyware entities in several countries; a rise in U.S. investors in the spyware industry; how “strategic jurisdiction hopping,” name changes, and corporate structure shifts impact spyware firms’ evolution and transparency into their activities; and how U.S. policymakers should approach the global spyware market going forward.To receive ad-free podcasts, become a Lawfare Material Supporter at www.patreon.com/lawfare. You can also support Lawfare by making a one-time donation at https://givebutter.com/lawfare-institute.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

This week, Scott sat down with his Lawfare colleagues Managing Editor Tyler McBrien, Foreign Policy Editor Daniel Byman, and Public Service Fellow Loren Voss to talk through (somehow only three of) the week’s big national security news stories, including:“The Dream of the ‘90s is Alive in Portland.” This past week, the Trump administration made good on its threats to pursue further domestic military deployments, this time to Portland and Chicago. Thus far, the administration has stuck to the same model it pursued in Los Angeles, using troops to bolster federal immigration enforcement efforts. But President Trump has threatened to go further if his efforts are resisted, including by invoking the Insurrection Act—something that hasn’t happened since 1992. How seriously should we take this threat? And where is it likely to lead?“Strip Poker.” President Trump and his senior advisers have been engaged in serious shuttle diplomacy for the past several weeks, seeming intent on reaching some sort of peace deal in the beleaguered Gaza Strip. And while it’s required him to play every card in his hand—including by bullying both Israel and Hamas into signing on—President Trump appears to be on the verge of a breakthrough. How remarkable an accomplishment is this? And what will it mean for the trajectory of the conflict?“The Maduro Doctrine.” Media reports suggest that several senior Trump administration officials are intent on removing Venezuelan dictator Nicolas Maduro from power, and that the build-up of U.S. military forces in the region—as well as the lethal targeting of alleged Venezuela-affiliated narcotics traffickers in recent weeks—is just a prelude to a bigger effort at regime change. How likely is it that the Trump administration will take such a step? And what could it mean for the region?In object lessons, everyone’s taking a break—sort of. Dan’s “break” involves playing The British Way, a strategy game designed by his colleague Stephen Rangazas that even non–political scientists will enjoy. Tyler’s actually taking a break and heading back to high school with English Teacher on FX. Scott’s taking a break from originality by recycling not one but two object lessons: a reminder to catch Katie Pruitt at Union Stage on 10/14 (seriously, go), and—if you’re not in D.C.—Alan’s once-in-a-blue-moon good advice to watch Slow Horses on Apple TV+. And Loren is taking a break from her vices and cleaning up her act with dirty soda.To receive ad-free podcasts, become a Lawfare Material Supporter at www.patreon.com/lawfare. You can also support Lawfare by making a one-time donation at https://givebutter.com/lawfare-institute.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

On today's podcast, Executive Editor Natalie Orpett is joined by Judge Philip Pro and Judge Jeremy Fogel. Both are retired federal court judges who are members of a new organization, the Article III Coalition, which advocates for an independent judiciary. They talk about how the courts are faring amidst the enormous stresses of the day: a huge number of legal challenges to Trump administration actions, a judiciary under constant attack from critics—including several instances of real violence—and serious intra-branch tensions. And they discuss why it is so crucial that judges retain their independence—and how to make sure they do. To receive ad-free podcasts, become a Lawfare Material Supporter at www.patreon.com/lawfare. You can also support Lawfare by making a one-time donation at https://givebutter.com/lawfare-institute.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.