The Lawfare Podcast

Gavin Wilde, a Nonresident Fellow at the Carnegie Endowment for International Peace and adjunct lecturer at Johns Hopkins, tackles the intricate world of deepfakes. He explores their historical context, arguing that perceptions of deepfakes often stem from past media anxieties. Wilde discusses the limited impact of deepfakes in recent elections and emphasizes the need for a thoughtful approach beyond technology, focusing on issues like non-consensual imagery and voice scams.

Join legal scholars Kate Klonick and Eric Columbus as they dive into the implications of free speech amid intense political pressure following Charlie Kirk's assassination. They explore the First Amendment challenges sparked by calls for censorship in media. The duo also unpacks the murky details behind the U.S.-China TikTok deal and its impact on national security. From jawboning tactics to potential legal remedies, they illuminate the intersection of law and technology, while also sharing personal reflections and cultural recommendations.

Renée DiResta, an Associate Research Professor at Georgetown, and Jess Miers, a visiting law professor at Akron, dive deep into the mental health risks generative AI poses to children. They discuss how AI can amplify existing vulnerabilities and the critical need for media literacy. The conversation also touches on legal responses to AI technology, including age verification policies and potential government mandates. With insights into ongoing lawsuits and the nuances of AI safety measures, they shine a light on the evolving landscape of AI regulation.

In this engaging discussion, Dan Byman, a terrorism expert from Georgetown, Ryan Berg, director of the Americas Program at CSIS, and legal analyst Scott R. Anderson dive into the U.S.'s new counterdrug strategies. They examine the implications of lethal strikes against drug smuggling boats and the challenges of framing drug trafficking under international law. The trio debates the importance of host governments in combatting cartels, the risks of retaliation against U.S. forces, and whether a counterterrorism approach can effectively address the persistent demand for drugs in America.

Minna Ålander, an expert on Nordic-Baltic security, joins Mykhailo Soldatenko, a Harvard scholar specializing in international law, to dissect recent Russian air incursions into NATO territory. They discuss whether NATO's responses have been proportional and the legal implications of these actions. Key points include the intentionality behind airspace violations, the high thresholds for NATO obligations, and the U.S. government's hesitancy in response. Their insights provide a deep dive into the complexities of military strategy and legal frameworks in the current geopolitical climate.

A lively discussion delves into Kash Patel's fiery congressional testimony and its implications on personnel lawsuits. The podcast explores a significant injunction safeguarding Guatemalan minors from deportation, revealing skepticism towards the DOJ's claims. With a focus on Lisa Cook's removal challenge and the complexities of FBI firings, the conversation also highlights Georgia's Supreme Court controversies and challenges within immigration litigation. The hosts offer keen insights into the intersection of law and politics.

From September 18, 2024: Jane Bambauer, Professor at Levin College of Law; Ramya Krishnan, Senior Staff Attorney at the Knight First Amendment Institute and a lecturer in law at Columbia Law School; Alan Rozenshtein, Associate Professor of Law at the University of Minnesota Law School and a Senior Editor at Lawfare, join Kevin Frazier, Assistant Professor at St. Thomas University College of Law and a Tarbell Fellow at Lawfare, to break down the D.C. Circuit Court of Appeals’ hearing in TikTok v. Garland, in which a panel of judges assessed the constitutionality of the TikTok bill.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.

Brian Finucane, a Senior Adviser at the International Crisis Group, and Matthew Waxman, a law professor at Columbia, dive into the complexities of U.S. war powers following recent military actions. They discuss the Biden administration's legal justifications for operations in the Middle East without new congressional approvals. The duo explores historical contexts of the War Powers Resolution, the risks of 'creative lawyering' by the executive, and potential reforms for better congressional oversight. Their insights reveal the ongoing tension between executive authority and legislative accountability in matters of war.

Pam Samuelson, the Richard M. Sherman Distinguished Professor of Law at UC Berkeley, discusses the intricate relationship between generative AI and copyright law. She breaks down key court rulings, such as Bartz v. Anthropic, highlighting the debates on transformative use and market harm. The conversation also explores the implications of market dilution theories in lawsuits against AI companies. With insights on the evolving legal landscape and the role of the U.S. Copyright Office, Samuelson sheds light on a rapidly changing and complex field.

Maia Woluchem leads Data & Society's Trustworthy Infrastructures program, with Livia Garofalo, an anthropologist, and Joan Mukogosi, a PhD candidate, discussing their research on AI data centers in Pennsylvania. They explore the state’s industrial legacy and the environmental impacts of these centers on local communities. The trio illuminates the tension between short-term job creation and long-term costs, highlights local priorities over national narratives, and shares insights from their community engagements during their fieldwork.