On February 14, the Brookings Institution hosted an event on the upcoming Supreme Court oral arguments in Gonzalez v. Google and Twitter v. Taamneh—two cases that could potentially reshape the internet. The Court is set to hear arguments in both cases next week, on February 21 and 22. Depending on how the justices rule, Gonzalez could result in substantial changes to Section 230 of the Communications Decency Act, the bedrock legal protection on which the internet is built. For today’s podcast, we’re bringing you audio of that discussion. Lawfare senior editor Quinta Jurecic moderated a panel that included Hany Farid, a professor at the University of California, Berkeley, with a joint appointment in electrical engineering & computer sciences and the School of Information; Daphne Keller, the director of the Program on Platform Regulation at Stanford University’s Cyber Policy Center; Lawfare senior editor Alan Rozenshtein; and Lawfare editor-in-chief Benjamin Wittes.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Next month will mark the five-year anniversary of the CLOUD Act, a foundational piece of legislation on cross-border data transfers and criminal investigations. Before he was a University of Minnesota law professor and senior editor at Lawfare, Alan Rozenshtein worked in the Department of Justice where he was a member of the team that developed the CLOUD Act. In that capacity, he interacted with representatives from the large tech companies that would be most directly affected by the law. One of these people was Matt Perault, then the head of Global Policy Development at Facebook, and now the director of the Center on Technology Policy at the University of North Carolina at Chapel Hill. Matt joined Alan to discuss the CLOUD Act with two more people who were present at its creation: Greg Nojeim, senior counsel and director of the Security and Surveillance Project at the Center for Democracy and Technology, and Aaron Cooper, a partner at the law firm of Jenner & Block, who was at the time a colleague of Alan’s at the Department of Justice. They talked about the reasons for the CLOUD Act’s development, whether it has succeeded in its goals, and what we should expect to see in the next five years.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

It’s Election Day in the United States—so while you wait for the results to come in, why not listen to a podcast about the other biggest story obsessing the political commentariat right now? We’re talking, of course, about Elon Musk’s purchase of Twitter and the billionaire’s dramatic and erratic changes to the platform. In response to Musk’s takeover, a great number of Twitter users have made the leap to Mastodon, a decentralized platform that offers a very different vision of what social media could look like. What exactly is decentralized social media, and how does it work? Lawfare senior editor Alan Rozenshtein has a paper on just that, and he sat down with Lawfare senior editor Quinta Jurecic on the podcast to discuss for an episode of our Arbiters of Truth series on the online information ecosystem. They were also joined by Kate Klonick, associate professor of law at St. John’s University, to hash out the many, many questions about content moderation and the future of the internet sparked by Musk’s reign and the new popularity of Mastodon.Among the works mentioned in this episode:“Welcome to hell, Elon. You break it, you buy it,” by Nilay Patel on The Verge“Hey Elon: Let Me Help You Speed Run The Content Moderation Learning Curve,” by Mike Masnick on TechdirtSupport this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

The FBI on Monday conducted a surprise search of Donald Trump's home and resort at Mar-a-Lago in Florida. The investigation appeared to involve the retention of classified information by the former president after he left the White House. There's not a whole lot of information, but Trump did confirm the search.To go through it all, Benjamin Wittes sat down on Twitter Spaces with Lawfare senior editors Alan Rozenshtein and Quinta Jurecic, and Andrew Weissmann, a former senior prosecutor for Bob Mueller. They talked about what we know and what we don't know, what sort of investigation this might be, where it may be going, and whether this has anything to do with Jan. 6.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Quinta Jurecic, Eugenia Lostri, Alan Rozenshtein, Kevin Frazier, and Kate Klonick delve into pressing tech policy matters as they relate to the 2024 election. They unpack former President Trump's and Vice President Harris's tech positions, tackling issues like content moderation, cybersecurity, and TikTok regulations. The conversation explores the transformative shifts in AI policy between administrations and the bipartisan approaches to antitrust laws in big tech. The potential impacts of these policies on national security and individual data privacy also take center stage.

Alan Rozenshtein, an associate professor at the University of Minnesota and a lawfare expert, delves into the critical legal battles faced by TikTok. He discusses the implications of a law mandating that TikTok’s Chinese ownership must divest to protect U.S. national security and data privacy. The conversation highlights the tension between government regulation and free expression, the scrutiny of TikTok’s algorithm, and the potential ramifications for U.S.-China relations, as well as possible Supreme Court involvement.

In this intriguing discussion, guests Jane Bambauer, a Professor at Levin College of Law; Ramya Krishnan, a Senior Staff Attorney at the Knight First Amendment Institute; and Alan Rozenshtein, an Associate Professor at the University of Minnesota, delve into the constitutionality of the TikTok bill. They examine national security concerns, user privacy, and the implications for First Amendment rights. The panel also critiques both TikTok’s defense and government arguments, exploring the balance between corporate rights and individual freedoms in the face of legislative challenges.

Lawfare editors and legal experts discuss Judge Cannon's dismissal of Trump's classified documents' case due to Special Counsel Jack Smith's unconstitutional appointment. They analyze the Appointments Clause, potential appeal in the Eleventh Circuit, Justice Thomas's immunity concurrence, and implications for future government accountability and powers. Exclusive content and support for the Lawfare Podcast are highlighted.

Alan Rozenshtein, David Rubenstein, and Dean Ball discuss the wide-reaching AI bill SB 1047 in California, AI regulation complexities, differing views on AI safety, industry lobbyists' influence, empowering states for AI regulation, and the global impact of state legislation.

Seamus Hughes and Alan Rozenshtein discuss the January 6 charges, including a database tracking cases, pattern of charges, potential presidential involvement, and seditious conspiracy charges. They analyze challenges in prosecuting cases, lack of high-level coordination, and debates on establishing a commission for further inquiry.