The Lawfare Podcast

Jonathan Zittrain, Faculty Director of the Berkman Klein Center at Harvard Law, dives into the critical need for controlling AI agents. He distinguishes these agents from current generative AI, raising alarm about their autonomy and decision-making risks. Zittrain calls for urgent regulatory measures, drawing parallels to historical tech incidents. He humorously suggests that even simple tasks like ordering pizza might require a license to ensure accountability in AI use. The conversation emphasizes the balance between leveraging AI benefits and addressing ethical concerns.

Thomas Rid, a professor at Johns Hopkins University and expert in disinformation, dives deep into the Kremlin's Doppelganger operation, which fakes credible news websites to spread misinformation. He reveals insights from leaked documents that shed light on Russia's evolving tactics and the unintended consequences of increased public awareness. The conversation also touches on AI's role in these campaigns and the challenges of assessing their effectiveness. Rid emphasizes the delicate balance journalists face in reporting on disinformation without amplifying its reach.

David Bosco, Executive Associate Dean at Indiana University and ocean governance expert, dives deep into the concept of 'freedom of the seas.' He discusses its origins with figures like Hugo Grotius and the evolution of maritime law from ancient times. Topics include the historical three-mile rule, the impact of privateering, and how major canals transformed global trade. Bosco also highlights rising tensions over territorial claims, particularly in the South China Sea, and expresses optimism for the future of international cooperation in ocean governance.

David Lawrence, Policy Director at the Department of Justice's Antitrust Division, dives into the intricate relationship between AI and antitrust law. He discusses how AI's potential for collusion raises new challenges for competition policy. The conversation highlights the transformative effects of competition on innovation, emphasizing dangers of monopolies. Lawrence also explores the benefits of open-source AI models and reflects on historical technological revolutions to understand current regulatory hurdles. His insights illuminate the urgent need for adaptive legal frameworks in a rapidly evolving tech landscape.

Philippe Sands, an international human rights lawyer and author of 'The Last Colony,' discusses the forced expulsion of the Chagossian people by the UK for a US military base. He shares insights into their ongoing legal fight for recognition and reparations, highlighting a crucial Human Rights Watch report that accuses the UK and US of crimes against humanity. Sands also navigates the complexities of international law, exploring themes of race, identity, and the implications for sovereignty and self-determination in the context of colonial legacy.

Erin Sikorsky, Director of the Center for Climate & Security, dives into the pressing issue of climate migration and its security implications. She discusses how natural disasters force people to leave their homes and the urgent need for sustainability strategies, especially in urban areas. The conversation explores the vital connection between climate change and national security, stressing collaborative efforts among stakeholders to address these crises. With insights on adaptation and policy, Sikorsky highlights the proactive measures needed to manage migration flows effectively.

Jack Goldsmith, a Harvard Law professor and co-founder of Lawfare, joins the conversation to delve into the intricate web of Trump’s legal challenges. Goldsmith discusses his op-ed critiquing the Justice Department’s filings in the Jan. 6 case, emphasizing the need for transparency. The dialogue also covers ongoing litigation across multiple states, the implications of the 60-day rule during elections, and the balance between legal integrity and public perception. Prepare for insights sprinkled with humor about pirates and paperwork!

Kate Starbird, co-founder of the University of Washington’s Center for an Informed Public, dives into the chaos of misinformation following Hurricanes Helene and Milton. She discusses the alarming rise of online rumors and conspiracy theories, elaborating on how social media dynamics complicate fact-checking. Starbird emphasizes the impact of misinformation on public trust, particularly concerning organizations like FEMA. The conversation also touches on the manipulation of media narratives and the psychological factors driving the spread of false information during crises.

Molly Reynolds, an expert on Congress, Kevin Frazier, an AI specialist, and Katherine Pompilio, a Lawfare associate editor, dive into pressing national security issues. They discuss California Governor Gavin Newsom's veto on AI regulation and its implications for safety measures. The trio also critiques Congress's failure to respond to hurricane disaster relief, highlighting the political stalemate as a significant barrier. They balance serious topics with light-hearted chats about hurricane preparations and the quirks of electric vehicle owners in flood zones.

In this engaging discussion, guests Lisa Luksch, a curator from the Architekturmuseum der TUM, Anjli Parrin, a law professor and human rights advocate, and Brad Samuels, founding partner at SITU, explore the groundbreaking exhibition "Visual Investigations: Between Advocacy, Journalism, and Law" opening in Munich. They delve into how visual storytelling intersects with human rights advocacy and the role of interdisciplinary teams in shedding light on abuses. The conversation highlights the ethical implications and transformative power of visual inquiry in contemporary justice narratives.