The Lawfare Podcast

Molly Roberts, a newly minted senior editor at Lawfare, joins the discussion alongside Benjamin Wittes and Kate Klonick. They delve into the Trump administration’s Gaza peace plan, exploring its implications and the ongoing conflict's fragility. They also tackle hot topics like the unprecedented political messaging during the government shutdown and its legal ramifications under the Hatch Act. Finally, the panel examines China's new export controls and their strategic impact on global supply chains, particularly in the tech sector.

Serhii Plokhii, a Harvard history professor and an expert on the Cold War and Ukraine, delves into the intricacies of nuclear proliferation in this enlightening discussion. He explores how fear and prestige drive nations to pursue nuclear arms, sharing insights on the devastating bombings of Hiroshima and Nagasaki. Plokhii also examines Ukraine's decision to relinquish its nuclear arsenal, the implications of the Budapest Memorandum, and warns of the dangers posed by Russian aggression to global non-proliferation efforts.

Laura Edelson, an Assistant Professor of Computer Science and former DOJ chief technologist, joins Erie Meyer, a Senior Fellow at Georgetown Law, to discuss the vital role of technologists in regulatory agencies. They explore how technical expertise can uncover insights within regulatory frameworks and improve casework. The duo emphasizes effective communication between tech and legal teams and addresses the challenges of recruiting tech talent. They also highlight the urgent need for regulators to adapt to AI developments and suggest actionable strategies for better tech integration in government.

Roger Parloff, a veteran legal journalist, joins the discussion about the habeas release evidentiary hearing for Kilmar Abrego Garcia and the government’s challenges in identifying removal destinations. The team also delves into the implications of various legal issues regarding National Guard deployments in Portland and Chicago. They dissect the dynamics of the ongoing Letitia James indictment and its contextual relationship to the James Comey case. Expect insights into potential future indictments and the complexities of vindictive prosecution claims.

Justin Sherman, Founder and CEO of Global Cyber Strategies and expert in privacy and national security, delves into the FTC's landmark settlement with X-Mode. He explains how X-Mode gathers location data, raising privacy concerns from its apps. Sherman discusses the implications of the FTC's sensitive locations list and the need for comprehensive privacy legislation. He also addresses the challenges of enforcement and the likelihood of future FTC actions against data brokers, highlighting the crucial conversations around consumer privacy and legislative action.

Noah Efron, a professor at Bar-Ilan University and host of The Promised Podcast, shares insights on the aftermath of the October 7 attacks in Israel. He vividly recounts the eerie calm following the violence, highlighting a temporary unity among citizens despite deep political divisions. Efron discusses the complexities of the hostage situation, the anticipated military response, and growing public anger towards leadership. He wrestles with the moral implications of civilian casualties and the long-term trauma affecting future peace efforts.

David Sullivan, Founding Executive Director of the Digital Trust & Safety Partnership, and Ravi Iyer, Managing Director at USC’s Psychology of Technology Institute, delve into the evolving landscape of Trust and Safety in the digital realm. They discuss the need for user-centered regulations, the role of AI in moderation, and the importance of design over top-down policies. The duo explores how AI companions differ from social media in purpose and agency, and what best practices can be applied to ensure safer digital experiences, particularly for vulnerable users like teens.

Jen Roberts, Associate Director at the Atlantic Council’s Cyber Statecraft Initiative, and Sarah Graham, Research Consultant at the same organization, dive into the complex world of commercial spyware. They explore the evolution of the spyware industry, highlighting the surge in U.S. investment and the geographic centers of major players like Israel and Italy. The guests also discuss the implications of 'strategic jurisdiction hopping' and corporate rebranding, which complicate tracking. Their insights shed light on the need for robust policy approaches in addressing spyware's growing influence.

This week, Daniel Byman, a foreign policy and national security expert, Loren Voss, a public service fellow with a focus on military legality, and Tyler McBrien, managing editor at Lawfare, dive into pressing national security issues. They discuss legal implications of deploying federal troops in U.S. cities, evaluate a potential peace deal for Gaza, and analyze U.S. actions towards Venezuela. The conversation unveils the complexities of domestic military use, international diplomacy, and the geopolitical landscape, all peppered with sharp insights and analysis.

Retired federal judges Philip Pro and Jeremy Fogel, both members of the Article III Coalition, dive deep into the challenges facing the judiciary today. They discuss the alarming threats against judges and the impact on their safety and emotional well-being. The duo highlights the critical need for judicial independence and its role in maintaining public trust. They also tackle the confusion surrounding the Supreme Court's shadow docket and offer guidance for judges under political pressure, emphasizing transparency and community engagement to support a resilient judiciary.