The Lawfare Podcast

Kevin Frazier, an expert on national security, joins the discussion on pressing tech policy and safety issues. They dive into the Kids Online Safety Act and its implications, amidst strong opposition from civil rights groups. The episode also evaluates Meta’s release of the Llama 3.1 AI model, raising concerns about the safety of open-source technology. Additionally, the conversation shifts to proposed reforms for the Supreme Court, including term limits and ethical standards, highlighting the complexities in balancing judicial power and accountability.

In this enlightening discussion, Anastasiia Lapatina, a Kyiv-based Ukraine Fellow, and Marcel Plichta, a former U.S. Department of Defense analyst, delve into Ukraine’s innovative drone campaign against Russia. They explore how advanced drone technology is reshaping warfare dynamics, including successful strikes on critical oil infrastructure. The duo highlights the psychological effects of these drone missions, their influence on global oil prices, and the contrasting manufacturing tactics between Ukraine’s decentralized production and Russia’s centralized approach.

Steven Cook, a Senior Fellow at the Council on Foreign Relations and author, dives deep into U.S. involvement in the Middle East. He discusses the complexities of aligning American values with regional realities and critiques past U.S. foreign policies. Key topics include the strategic importance of oil, the balancing act between human rights and alliances, and the evolving U.S. interests amid changing energy dynamics. Cook emphasizes the need for pragmatic approaches to enhance stability and supports reevaluating U.S. strategies in the region.

Arnold Punaro, an expert on nominations and confirmations for military and civilian positions, shares his deep insights into the confirmation process. He discusses the historical context of confirmations, the increasing complications due to political dynamics, and the critical issues surrounding senatorial holds. Punaro emphasizes the urgent need for reform in the confirmation system to ensure timely appointments, reflecting on how delays can impact national security. He also highlights the role of mentorship in navigating these complex waters.

Ryan Calo, a Professor of Law at the University of Washington specializing in privacy and AI, joins Kevin Frazier to discuss the pressing challenges of protecting privacy as AI technology evolves. They explore how trivial data can lead to significant privacy risks and advocate for a stronger regulatory framework. The conversation also examines historical lessons from nuclear power regulation, underlining the importance of guardrails in both fields. Additionally, they highlight the urgent need for bipartisan support for comprehensive federal privacy laws.

Benjamin Wittes, Editor-in-Chief of Lawfare, and Anna Bower, a Legal Fellow, dive into the implications of the Supreme Court's ruling on presidential immunity. They dissect the significance of a crucial footnote in the case and its effects on Special Counsel Jack Smith's prosecution of Donald Trump. The conversation unveils the complexities of official versus unofficial conduct, the role of public records as evidence, and the potential for lengthy pretrial litigation. Expect insights that clarify the intricate legal landscape surrounding high-profile presidential cases.

The podcast dives into Missouri's lawsuit against China regarding alleged COVID-19 cover-ups and PPE hoarding. It examines legislative attempts to bypass sovereign immunity, enabling litigation against foreign states. Experts discuss the potential legal frameworks for holding the Chinese Communist Party accountable and the geopolitical implications of China's pandemic response. The complexities of international law are explored, questioning whether these legal actions are effective or merely distractions from the U.S. response to the crisis.

Benjamin Wittes, a legal and national security expert, joins Conor Friedersdorf, a journalist critical of drone warfare, for a thought-provoking debate on the ethics of drone strikes. They discuss the legal ramifications and resolve questions surrounding targeted killings, exploring the psychological effects on civilians and the broader implications of U.S. drone policy. The conversation critiques the Obama administration’s approach, highlighting the need for greater transparency and ethical standards amidst the evolving landscape of modern warfare.

Cullen O’Keefe and Kevin Frazier discuss AI governance, focusing on 'Chips for Peace' concept to regulate AI supply chains. They explore the challenges of bipartisan and international consensus, deliberate benefit sharing in technology distribution, comparing regulation proposals, and balancing AI technology ethics with potential job displacement.

This week, Molly Reynolds and Eugenia Lostri discuss Biden's withdrawal from the 2024 race, CrowdStrike's cybersecurity incident, and Netanyahu's speech. They explore implications for the 2024 race, computer security, and U.S.-Israeli relations. The hosts also touch on video games, clean eating, cybersecurity industry dominance, and Netanyahu's controversies.