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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.lawfareblog.com.

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The Lawfare Podcast

For today’s episode, Lawfare Contributing Editor Renée DiResta interviews Joan Barata, Visiting Professor at the Catholic University of Porto; Laís Martins, journalist at The Intercept Brazil and Fellow at Tech Policy Press; and James Görgen, adviser to Brazil’s Ministry of Development, Industry, Trade, and Services, to discuss the dramatic intersection of tech policy and geopolitical pressure unfolding in Brazil. They discuss the trial of former President Jair Bolsonaro for his role in the January 8 insurrection, the legal battles surrounding social media regulation and platform liability, the influence of Supreme Court Justice Alexandre de Moraes, and the controversy sparked by U.S. sanctions and tariffs. Together, they examine whether the intersection of tech and geopolitics in Brazil is an outlier—or a preview of what’s coming for democracies worldwide.

Read more on this topic from this episode’s guests:

 • “
Trump’s Attack on Brazil’s Sovereignty May Backfire on US Tech Firms • ,” by Laís Martins
 • “
Trump’s New Brazil Tariffs Aren’t About Trade, and They’re Not About Free Speech • ,” by Laís Martins
 • “
Brazil’s Supreme Court Overturns Platform Liability Rules—Now Comes the Challenge of What’s Next • ,” by Laís Martins
 • "
Brazil Has a Bridge to Defending the Internet • ," by James Görgen
 • "
O Vale do Silício contra a parede? • " by James Görgen
 • "
O sequestro da soberania digital • ," by James Görgen
 • "
Felca, Trump e fatiamentos digitais • ," by James Görgen
 • “
Regulating Online Platforms Beyond the Marco Civil in Brazil: The Controversial ‘Fake News Bill, • ’”by Joan Barata
 • “
JOTA: Dilemmas of Platform Regulation in Brazil • ,” by Joan Barata

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

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Lawfare Daily: Sanctions, Speech, and Sovereignty in Brazil

In a live conversation on YouTube, Lawfare Editor in Chief Benjamin Wittes sat down with Lawfare Senior Editors Roger Parloff and Scott Anderson, Lawfare Public Service Fellow Loren Voss, and the Brennan Center's Katherine Yon Ebright to discuss the ongoing activation of National Guard in the District of Columbia, the Trump Administration's lethal strike in the Caribbean, and Harvard University's win over its funding fight in federal court. 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.

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

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Lawfare Daily: The Trials of the Trump Administration, Sep 5

From March 28, 2024: One of the gravest threats to U.S. national security today—and also one of the newest—is the risk of cyberattacks. They come in many forms, and they can incapacitate companies, institutions, and even the government. 

To better understand these threats—and how the government is responding to them­—Lawfare Executive Editor Natalie Orpett and Lawfare Contributing Editor Brandon Van Grack sat down with Brett Leatherman, Deputy Assistant Director for Cyber Operations at the FBI. They discussed the FBI's recent operations, threats from both state actors and criminal gangs, and the role of the private sector in U.S. cybersecurity.

This is the latest episode in our special series, “The Regulators,” co-sponsored with Morrison Foerster, in which we talk with senior government officials working at the front lines of U.S. national security policy.

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: How the FBI is Combating Cyberattacks, with Brett Leatherman

From August 22, 2024: Anastasiia Lapatina is a Kyiv-based Ukraine Fellow at Lawfare. Leopoldo Lopez is a Venezuelan opposition leader living in exile in Madrid, after escaping prison for leading protests against Nicolás Maduro in 2014. Lapatina and Lopez discuss the results of Venezuela’s recent presidential election, ties between Venezuela’s autocrat Nicolás Maduro and other dictatorships, and the path forward for Venezuela after the rigged election.

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: A Conversation with an Exiled Venezuelan Opposition Leader

In a live conversation on Sept. 4, Lawfare Editor-in-Chief Benjamin Wittes sat down with Lawfare Senior Editor Scott R. Anderson and Professor of Law at Cardozo Law School Rebecca Ingber to discuss the U.S. strike on an alleged “drug boat” traveling from Venezuela, the president’s authority to use lethal force outside of war, and more.

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: U.S. Military Conducts Lethal Strike on Venezuelan ‘Drug Boat’

Anu Bradford, Professor at Columbia Law School, and Kate Klonick, Senior Editor at Lawfare and Associate Professor at St. John's University School of Law, join Kevin Frazier, AI Innovation and Law Fellow at the University of Texas School of Law and a Senior Editor at Lawfare, to assess the ongoing, contrasting, and, at times, conflicting regulatory approaches to Big Tech being pursued by the EU and U.S. The trio start with an assessment of the EU’s use of the Brussels Effect, coined by Anu, to shape AI development. Next, they explore the U.S.’s increasingly interventionist industrial policy with respect to key sectors, especially tech.

Read more:

 • Anu’s op-ed in 
The New York Times"The Impact of Regulation on Innovation, • " by Philippe Aghion, Antonin Bergeaud, and John Van Reenen
Draghi Report on the Future of European Competitiveness
Find Scaling Laws on the Lawfare website, and subscribe to never miss an episode.

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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Scaling Laws: Contrasting and Conflicting Efforts to Regulate Big Tech: EU v. U.S.

For today's episode, Lawfare Foreign Policy Editor Daniel Byman interviews Mark Cancian, a Senior Adviser with the Center for Strategic and International Studies, to assess the impact and implications of a Chinese blockade of Taiwan. Cancian discusses why China might choose blockade over an outright invasion, how the blockade might affect Taiwan, the risks of escalation, and what the United States and Taiwan must do to make a blockade less likely and less risky. 

For more, take a look at “Lights Out? Wargaming a Chinese Blockade of Taiwan,” a recent CSIS report by Mark F. Cancian, Matthew F. Cancian, and Eric Heginbotham.

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: Wargaming a Chinese Blockade of Taiwan

This week, Scott sat down with his Lawfare colleagues Anna Bower, Tyler McBrien, and Peter Harrell to talk through the week’s big national security news stories, including:

 • “Faginomics.” With the recent announcement that the U.S. government would be taking a 10% stake in the company Intel, the Trump administration has ushered in a new era of state-guided industrial policy, fueled by concerns of major power competition, particularly around the race to AI. How does this new policy intersect with its other novel economic priorities, such as the imposition of tariffs? And how legally viable is it, given present (and potentially future) legal challenges?
 • “Ménage à Trois.” On the margins of the recent meeting of the China- and Russia-led Shanghai Cooperation Organisation, Indian Prime Minister Narendra Modi made a point of warmly (and very publicly) embracing Russian President Vladimir Putin and Chinese President Xi Jinping—a move many have taken as a clear shot across the bow at the Trump administration, which has been in heated economic negotiations with India over tariffs and trade relations. What does this exchange say about the Trump administration’s handling of the U.S. relationship with India—and other key U.S. relationships?
 • “Midnight Planes Going Nowhere.” In an emergency hearing over the holiday weekend, federal judge Sparkle Sooknanan stopped the Trump administration from deporting hundreds of unaccompanied Guatemalan minor migrants to their home country—a move that the government of Guatemala has now claimed that it invited. What should we make of this move by the Trump administration? And how does it fit within its broader immigration crackdown?

In object lessons, Tyler biked to City Island, NY, discovering a charming little enclave with great food, shops, and beaches. Sticking with the New York theme, Anna recommends “John Proctor is the Villain,” a play by a writer from her Georgia hometown that’s so good it’s making women cry. Scott, meanwhile, left New York behind to live his best Neapolitan life with a new backyard pizza oven that can achieve the appropriate temp for a puffy crust. And Peter’s been reading “When the Clock Broke,” a reminder that the 1990s may have been the dress rehearsal for our current political dumpster fire, all the while keeping an eye on challenges to Trump v. Casa.

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 “Master of the House” Edition

In a live conversation on Sept. 2, Lawfare Editor in Chief Benjamin Wittes sat down with Lawfare Senior Editors Scott R. Anderson, Anna Bower, and Lawfare Public Service Fellow Loren Voss to discuss Sunday’s emergency hearing in L.G.M.L. et al. v. Kristi Noem—in which Judge Sparkle Sooknanan blocked the Trump administration’s plans to send unaccompanied migrant children to Guatemala—Judge Charles Breyer’s ruling in Newsom v. Trump which found that President Trump’s use of the National Guard and U.S. Marines in Los Angeles violated the Posse Comitatus Act, and the Federal Circuit Court of Appeals ruling striking down Trump’s tariffs on International Emergency Economic Powers Act grounds.

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: Federal Judges Rule Against Trump on National Guard Deployment, Tariffs, and Removal of Migrant Children to Guatemala

On today’s episode, Molly Reynolds, Contributing Editor at Lawfare and Senior Fellow at Brookings, sits down with Zach Price, Associate Professor of Law at UC Law San Francisco, and Phil Wallach, Senior Fellow at the American Enterprise Institute, to discuss pocket rescissions as an approach to cancelling funds previously approved by Congress. They cover whether the practice is legal, how it threatens Congress’s institutional power, and how they fit in with broader efforts by the Trump administration.

For more, take a look at the following pieces on Lawfare:

 • “
Past Pocket Rescissions Are Not Precedents for Power Vought Claims • ,” by Cerin Lindgrensavage and William Ford
 • “
Lawfare Daily: The President, Congress, and the Power of the Purse • ,” with Molly Reynolds, Matt Lawrence, Eloise Pasachoff, and Zachary Price
 • “
Pocket Rescissions: Legal Controversy and Political Meaning • ,” by Philip Wallach

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: Pocket Rescissions in Congress

Adam Chan, National Security Counsel at the Federal Communications Commission (FCC) and inaugural Director of the FCC’s new Council on National Security, joins Lawfare’s Justin Sherman to discuss the FCC’s rulemaking on submarine cables and national security. They discuss the FCC’s new submarine cable rules, the role of submarine cables in the U.S. telecommunications supply chain and in the data and AI era, and the national security risks facing submarine cable infrastructure. They also discuss new requirements for submarine cable license applicants to make physical security and cybersecurity certifications, the objective of limiting Chinese influence on U.S.-tied submarine cables, and the future of how the FCC is thinking about threats, responses, and engagement with industry to address them.

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: FCC’s New Submarine Cable Rules with Adam Chan

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