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The Lawfare Institute

The Lawfare Podcast features discussions with experts, policymakers, and opinion leaders at the nexus of national security, law, and policy. On issues from foreign policy, homeland security, intelligence, and cybersecurity to governance and law, we have doubled down on seriousness at a time when others are running away from it. Visit us at www.lawfaremedia.org.

Support this show http://supporter.acast.com/lawfare.

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The Lawfare Podcast

This week, Scott sat down with his Lawfare colleagues Molly Roberts, Tyler McBrien, and Renée DiResta to talk through the week’s big national security news stories, including:

 • “The Meta-verse of Madness.” On Tuesday, a New Mexico jury reached a $375 million verdict against Meta after a seven-week trial that focused on whether the social media company knowingly harmed children’s mental health and facilitated child sexual exploitation through its algorithms. And just before recording, another verdict came down in a jury trial in California about whether Facebook and YouTube are too addictive in a way that harms an individual plaintiff in that case. Several other similar civil cases are set to go to trial in the coming months. What do we make of these verdicts, and do they signal a turning tide against social media companies for the algorithms that make them both profitable and (potentially) addictive?
 • “SAVE-ing Face.” President Trump and Republican congressional leaders went back and forth this week over a deal that would put forward a bill to fund the Department of Homeland Security, or at least less controversial parts of it, despite Trump’s threats not to sign any pieces of legislation until Congress passes his SAVE America Act. Trump views the SAVE America Act as vindication for his criticisms of the 2020 Election, but Republicans in the Senate have hedged and resisted his calls to blow up the filibuster in order to pass it. Instead, they now appear to have a deal in place that will allow less controversial parts of the funding for DHS to go forward—and for the funding for the most controversial parts, particularly ICE and removal operations, to go forward through reconciliation on what is likely to be a party line vote, along with select chunks of that SAVE America Act. Why is Trump so determined to pass the SAVE America Act? And what does the compromise he now appears to have reached with Senate Republicans mean for its future?
 • “Poly Wants a Crack-up.” Flight monitors, pizza place trackers, and Google Earth—the past few years have brought open source intelligence, better known as “OSINT,” into vogue. Accounts on X have racked up millions of followers by “monitoring the situation” for news events spanning from Russia’s invasion of Ukraine to natural disasters. But this explosion of OSINT accounts has brought a wave of disinformation, and coincides with the growth of online prediction markets, such as Polymarket and Kalshi, whose bettors use OSINT to gain an advantage — and, at times, to manipulate the results. How has OSINT contributed to the online media landscape? And how has it hurt it?

In object lessons, Tyler engages in some classic log-rolling with a recommendation of the new podcast, “Who Blew Up the Guidestones?” Molly digs even deeper into her collection of curiosities to find her vintage “Nuke ‘Em ’Til They Glow” hat. Scott expertly sidesteps sports gambling issues by distracting us with delicious baked good from Seylou. And Renée survives a demanding travel schedule by drinking a brandy Old Fashioned and brushing up on her knowledge of K-pop.

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.

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Rational Security: The “Authentic Flavors, Real Fruit” Edition

Loren Voss, Public Service Fellow at Lawfare, sits down with Maj. Gen. (Ret.) Linda Singh, former Adjutant General of Maryland, and Chris Mirasola, Assistant Professor of Law at the University of Houston Law Center. They examine the legal constraints of the Posse Comitatus Act, the implications of expanding domestic deployments for civil-military relations, and key issues to watch for in future deployments. 

Mirasola clarifies the legal framework and the recent usage of the National Guard in federal and hybrid statuses, and Singh identifies areas where the law appears clear, but operational realities often blur that line. They also trace the expansion of domestic military roles—from COVID response to cyber operations and infrastructure protection—and the evolving public expectations of what the military can do. Mirasola explains what is genuinely new in law, particularly regarding scale and interpretation of authorities. Singh and Mirasola discuss the system’s reliance on norms versus enforceable legal constraints and give advice to those leading troops in future domestic deployments. They conclude by identifying key factors, such as federal versus state roles and possible involvement in elections, that we should all be tracking for the future. 

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.

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Lawfare Daily: The Military Domestic Deployment Legal Framework: Are the Laws Fit for Purpose?

Tom Kemp, executive director of the California Privacy Protection Agency (CPPA), joins Lawfare’s Justin Sherman to discuss California’s new Delete Request and Opt-out Platform, or DROP system, the data broker industry, and California’s ongoing efforts to ensure residents can effectuate their privacy rights. They also discuss the process and impacts of bringing technologists into public service at privacy and cybersecurity regulatory bodies, inter-state collaboration on data privacy issues, how California thinks about concerns around U.S. foreign adversaries and risks of access to U.S. persons’ data, and the near-term and over-the-horizon privacy risks to consumers.

Additional Resources:

California Delete Request and Opt-Out Platform (DROP)California Data Broker RegistryCalifornia Consumer Privacy Act (CCPA)
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.

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Lawfare Daily: CPPA’s Tom Kemp on Data Brokers, Privacy, and State Enforcement

Following the March 24 hearing in Anthropic's suit challenging its supply chain designation on the AI company's request for a preliminary injunction, Lawfare Editor in Chief Benjamin Wittes will sat down with Lawfare Senior Editors Kate Klonick, Molly Roberts, and Roger Parloff for a live discussion of what occurred.

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.

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Lawfare Live: A Hearing on Anthropic's Preliminary Injunction Motion

As the U.S.-Israel war with Iran continues, it is playing out across the Middle East, particularly in Gulf Arab states and the Strait of Hormuz.

In this episode, Lawfare Public Service Fellow Ariane Tabatabai sits down with Elisa Catalano Ewers of the Council on Foreign Relations to talk about Iranian intentions and capabilities, the U.S. response and capability gaps, and how allies and partners are participating. 

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.

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Lawfare Daily: The Gulf Widens

In a live conversation on YouTube, Lawfare Editor in Chief Benjamin Wittes sat down with Lawfare Senior Editors Molly Roberts, Anna Bower, Eric Columbus, Roger Parloff, and Kate Klonick to discuss Judge Boasberg’s opinion quashing subpoenas to Fed Reserve chair Jerome Powell, the government’s response to Anthropic’s suit challenged the Defense Department’s designation of it as a supply chain risk, Judge Lambert reinstating many U.S. Agency for Global Media employees, the video depositions of DOGE employees, and more.

You can find information on legal challenges to Trump administration actions here. And check out Lawfare’s new homepage on the litigation, new Bluesky account, and new WITOAD merch.

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.

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Lawfare Daily: The Trials of the Trump Administration, March 20

From January 13, 2025: In a live conversation on January 10, Lawfare Tarbell Fellow in Artificial Intelligence Kevin Frazier talked to Lawfare Senior Editor Alan Rozenshtein and Senior Staff Attorney at the Knight Institute Ramya Krishnan about the Supreme Court oral arguments over the legislation passed by Congress that bans TikTok unless its parent company ByteDance divests from the app, the arguments made by the different sides, and their predictions about how the Court might rule.

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.

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Lawfare Archive: TikTok Ban at the Supreme Court

From December 23, 2024: On today's podcast, Lawfare Executive Editor Natalie Orpett talks with Michael Posner, a professor of business and human rights at New York University, about the landmark verdict last month in Al-Shimari v. CACI. The case involved claims against a government contractor for its role in the abuse of prisoners at the Abu Ghraib detention facility in Iraq in 2004. It became the first case of its kind to make it to trial—and now a jury has returned a verdict finding the company liable and imposing $42 million in damages. They discuss how the case will affect private companies, government contractors, and the future of human rights litigation. 

Please note that this episode contains content that some people may find disturbing. Listener discretion is advised. 

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.

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Lawfare Archive: Accountability for Abu Ghraib

A draft executive order has been floating around that would assert presidential control over elections all over the country. Lawfare Editor in Chief Benjamin Wittes sits down with Lawfare Senior Editors Anna Bower and Molly Roberts, authors of the recent Lawfare article, “In Case of Emergency: The Dubious Legality of Trump Allies' Draft EO,” to talk through what it would do, who was behind it, and how seriously we should take it.

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.

Lawfare Daily: Can the President Declare an Elections Emergency?

This week, Scott sat down with his Lawfare colleagues Benjamin Wittes, Natalie Orpett, and Ariane Tabatabai to talk through the week’s big news in national security, including:

 • “Keeping It On the Strait and Narrow.” Three weeks into the U.S. and Israel’s air campaign against Iran, ship traffic through the critical Strait of Hormuz remains at a virtual stop, sending crude oil prices north of $100 a barrel. Secretary of Defense Pete Hegseth said last week that vessels are safe to sail through the strait, but continued attacks on tankers suggest otherwise. Some neighboring Gulf states, among others, are growing antsy that U.S. strikes won’t go far enough in preventing attacks by Iran. What do we make of these developments, and how will it impact how other countries are navigating the broader conflict?
 • “‘Nein’ to Five.” U.S. efforts to secure European support for efforts to reopen the Strait of Hormuz have fallen on deaf ears, with German officials describing it as “not our war” and far outside the obligations imposed by NATO’s Article 5 and other defense commitments. In response, President Trump said that he was “disappointed” in NATO and once again hinted that he might exit it. It’s the latest nadir in a precipitous decline in transatlantic relations over the past three months. How much worse can things get? And what could it mean for the future of the broader alliance?
 • “(Un)Lawful Good?” A U.S. strike on what turned out to be an elementary school in southern Iran in the earliest days of the U.S. military campaign there has put a new focus on decisions by Defense Secretary Pete Hegseth to scale back rules and processes meant to reduce harm to civilians in armed conflict. Hegseth has called the rules of engagement “stupid” and has said he wants to give military commanders “maximum authority on the battlefield.” He’s also repeatedly called for “no quarter” in Iran and other contexts—an order that, if taken literally, would itself be a violation of the laws of armed conflict. Exactly how far has Hegseth unraveled the Pentagon’s rules of engagement? And what could the real world consequences be in Iran and elsewhere?

In object lessons, Natalie (or rather, her son) is cooking up a delicious recommendation for the culinarily curious kid in your life with Raddish Kids (hey there, Raddish Kids, Rational Security is looking for sponsors…). Ari is feasting on (and hoarding) the indigenous Taiwanese pepper, Maqaw. Scott is traveling in style and efficiency with his portable office kit, consisting of his fave iPad case and the Anker Power Bank (while we hate to sound like a broken record, uh, hey there, Anker, Rational Security is looking for sponsors…). And hey there, girlies, Ben is doing Ben things while getting ready for court. 

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.

Rational Security: The “Take a Light Out of Crime” Edition

What do we mean when we talk about "cybersecurity"? There's clearly a technical component: can someone prevent, through clever hardware and software, someone else from accessing some device or data? But that just raises the question of who should have access. And that's not a technical question. It's a legal, social, and moral one.

This, at least, is the argument made by Josh Goldfoot, Principal Deputy Chief at the Department of Justice's Computer Crime and Intellectual Property Section, the nerve center of the federal government's attempt to prosecute cyber criminals. A litigator and policy lawyer with decades of experience thinking about cybersecurity and digital surveillance, Josh just published a paper for Lawfare's ongoing Digital Social Contract research paper series making his case for why cybersecurity isn't just a technical problem. Alan Rozenshtein, Associate Professor of Law at the University of Minnesota and Senior Editor at Lawfare, spoke to Josh about his paper and what viewing cybersecurity as a social, not just engineering, problem means for our ongoing efforts to secure our digital lives.

Support this show http://supporter.acast.com/lawfare.

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Josh Goldfoot on Cybersecurity as a Legal Problem

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