The Lawfare Podcast

In this discussion, Alexander "amac" Macgillivray, former Principle Deputy Chief Technology Officer of the U.S., delves into navigating AI policy amidst rapid technological changes. He explores the White House's AI action plan, the complexities of regulating AI, and the crucial role of tech experts in governance. Macgillivray addresses the interplay between public and private sector missions, the challenges of clear communication in AI predictions, and the implications of the AI Bill of Rights for competition and innovation. He concludes with thoughts on the evolving landscape of AI.

Tim Fist, Director of Emerging Technology Policy, Neil Chilson, Head of AI Policy, Janet Egan, Senior Fellow at the Center for a New American Security, and Jessica Brandt, Senior Fellow at the Council on Foreign Relations, discuss the recent AI Action Plan. They delve into the balance between fostering innovation and managing risks in AI integration, the need for robust cybersecurity measures amid international competition, and the urgency of developing infrastructure for AI advancements. The conversation also touches on the implications for national security and the role of collaboration in AI diplomacy.

In this insightful discussion, Ali Nazary, the head of foreign relations for the National Resistance Front of Afghanistan, sheds light on the group's evolving position and the implications of Russia recognizing the Taliban. He emphasizes the urgent need for democratic support in Afghanistan's tumultuous landscape. Meanwhile, Sam Charup, from the RAND Corporation, analyzes Trump’s pivot on Ukraine, debating the sustainability of new U.S. military strategies and the potential future of the ongoing conflict, highlighting the complexities of international diplomacy.

Shashank Joshi, Defence Editor for The Economist, dives into how European security dynamics are evolving as countries seek independence from U.S. defense. He highlights the debate over arms spending versus building independent capabilities post-Ukraine conflict. Iris Ferguson, former Deputy Assistant Secretary of Defense for the Arctic, discusses the Arctic's strategic importance amid major power competition, emphasizing critical challenges like climate change and the need for international cooperation. Together, they explore a new landscape of global security.

Noah Feldman, Felix Frankfurter Professor of Law at Harvard, dives deep into the Supreme Court's recent decision limiting universal injunctions, which emerged from a Trump-era case on birthright citizenship. He argues that the Court may be playing a strategic long game, aiming to safeguard the rule of law and avoid direct confrontations with the executive branch. Feldman critiques Justice Barrett's majority opinion for its flawed use of originalism and explores alternative legal avenues like class actions, raising intriguing questions about the judiciary's role in today's political landscape.

Shane Harris, a Staff writer at The Atlantic with a focus on intelligence, joins Mark Goldberg, a noted host on international affairs, and Alex Ward, a national security reporter for the Wall Street Journal. They discuss the recent ban on Defense Department officials from the Aspen Security Forum, revealing tensions in U.S. foreign policy. The panel highlights a shift towards 'mini multilateralism' and examines how AI technology is reshaping national security discussions. They also reflect on global diplomatic challenges and the evolving nature of international alliances.

Nicholas Bednar, a contributing editor at Lawfare and expert in civil service law, joins the conversation with insights on key Supreme Court rulings affecting federal employment. They delve into the implications of mass federal layoffs and the politicization of the Justice Department. The discussion also features the criminal case involving Kilmar Abrego Garcia, shedding light on the complexities of federal procedures. The interplay between executive power and judicial decisions highlights significant impacts on American governance and legal institutions.

Caitlin Chin, a Fellow at the Center for Strategic and International Studies, dives into the national security concerns surrounding TikTok, particularly its ties to the Chinese government. She addresses state bans on the app and questions the effectiveness of these measures. Through lively discussion, Chin argues for a broader data protection framework rather than targeting TikTok alone. The dialogue also touches on the app’s data practices and the pressing need for Americans to gain control over their personal information, inspired by European standards.

Joanna Schwartz, a law professor at UCLA and author of "Shielded: How the Police Became Untouchable," dives deep into the pervasive issues of police accountability. She discusses the shocking fact that charges against officers in killings happen in less than 2% of cases due to systemic biases and qualified immunity. Joanna also highlights the challenges victims face in civil rights litigation and advocates for necessary reforms in policing policies. Their conversation sheds light on the urgent need for legislative changes and more robust oversight to protect civil rights.

Eugene Volokh, a Senior Fellow at the Hoover Institution and a law professor at UCLA, dives into the intricacies of libel law and AI-generated content. He discusses how current libel laws might adapt as technology evolves, emphasizing the challenges of determining liability for AI outputs. The conversation highlights the impact of AI on reputation management and the legal complexities surrounding defamation. Volokh also addresses the implications of Section 230 and how AI innovations could reshape legal frameworks, raising pertinent questions about individual rights and innovation.