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lawfare

@lawfare@mastodon.social

Straight-shooting information and analysis at the intersection of national security, law, and policy.

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On May 17, the ICJ heard an oral argument from Israel in South Africa v. Israel, the case alleging that Israel has violated the Genocide Convention in its military operations in Gaza. Read the transcript of Israel’s oral argument from Maya Nicholson: https://www.lawfaremedia.org/article/icj-hears-oral-argument-from-israel-in-south-africa-v.-israel

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Lawfare is hiring!
Apply now for the open associate editor position. Applications will be considered on a rolling basis. The deadline to apply is next Monday, May 20. https://www.lawfaremedia.org/article/come-work-with-us-as-our-new-associate-editor

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On today's Lawfare Daily, Eugenia Lostri talked to Pablo Chavez about the International Cyberspace and Digital Strategy released by the State Dept., its focus on building digital solidarity as an alternative to digital sovereignty, and more. https://www.lawfaremedia.org/article/lawfare-daily-pablo-chavez-on-digital-solidarity

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This week's Seriously Risky Business looks at risks to human rights raised by the use of spyware in Indonesia, pushback by hospitals to the U.S. gov't's proposed cybersecurity penalties, and more. Read the weekly newsletter by Tom Uren: https://www.lawfaremedia.org/article/amnesty-flags-possible-spyware-abuse-in-indonesia

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TikTok and some of its users have challenged the federal ban facing the app, primarily on First Amendment grounds. Following up on a recent piece, Alan Rozenshtein examines the potential ban’s evidentiary basis and other First Amendment issues. https://www.lawfaremedia.org/article/five-more-observations-on-the-tiktok-bill-and-the-first-amendment

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At 5:30pm ET Roger Parloff will talk to Anna Bower, Tyler McBrien, and Benjamin Wittes about what happened during the second day of the cross-examination of Michael Cohen in the NYC Trump trial in today's post-court dispatch. https://youtube.com/live/GNQtONlEix0?feature=share

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It's the “Active Listening Noises” Edition!

On this week's Rational Security, Alan Rozenshtein, Quinta Jurecic, and Scott Anderson were joined by Natalie Orpett to go over the week’s big national security news including the long-awaited NSM-20 report on Israel's use of U.S. weapons: https://www.lawfaremedia.org/article//rational-security-the-active-listening-noises-edition

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Diane Bernabei, James Baker, and Cosimo L. Fabrizio examine the domestic and international challenges associated with compute governance and discuss potential solutions.

https://www.lawfaremedia.org/article/legal-challenges-to-compute-governance

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On Monday, the DA's office called their key witness—Michael Cohen. Anna Bower, Tyler McBrien, Katherine Pompilio, and Benjamin Wittes report on exactly what happened as Trump's former lawyer faced questioning from the prosecution and defense. https://www.lawfaremedia.org/article/michael-cohen-on-the-stand-part-i

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Today's Lawfare Daily is another episode of "Trump's Trials and Tribulations." Benjamin Wittes talked to Roger Parloff, Tyler McBrien, and Anna Bower about the lack of action in Fulton County, Florida, & D.C. and then they took a deep dive into the NYC trial.

https://www.lawfaremedia.org/article/lawfare-daily-trump-trials-and-tribulations-weekly-round-up-(may-15-2024)

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Evan C. Zoldan looks at TikTok's suit over the Congressional legislation banning the app unless its Chinese parent company divests and why the Supreme Court should use this suit to provide guidance on the constitutionality of legislative targeting. https://www.lawfaremedia.org/article/targeting-tiktok

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At 4pm ET, join Benjamin Wittes, Anna Bower, Roger Parloff, and Tyler McBrien for this week's "Trump's Trials and Tribulations" where they will check in on the other Trump cases and do a deep dive into how the NYC Trump trial is proceeding. https://youtube.com/live/gGVrvvws06c?feature=share

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Could AI manipulation using "prompt injections" to bypass restrictions to generate instructions on building a bomb or deepfake pornographic videos be considered cybercrime?
Ido Kilovaty argues that under the Computer Fraud and Abuse Act, it could be. https://www.lawfaremedia.org/article/when-manipulating-ai-is-a-crime

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On today's Lawfare Daily, Natalie Orpett spoke to Quinta Jurecic about what happened to the fake electors who were crucial to the fake electors scheme to overturn the results of the 2020 election and whether there have been any state-level prosecutions. https://www.lawfaremedia.org/article/lawfare-daily-what-happened-to-the-fake-electors

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At 5:30 pm ET today, join Roger Parloff, Anna Bower, Tyler McBrien, and Benjamin Wittes for a post-court dispatch where they will discuss Michael Cohen's testimony today in the NYC Trump trial. https://youtube.com/live/VANq5B3FZ6Y?feature=share

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In a new Security by Design article, Steven Lipner argues that using a tort model to shift liability for software products from the user to the vendor is the wrong approach and that the mechanism laid out in Executive Order 14028 offers a way forward. https://www.lawfaremedia.org/article/incentives-for-improving-software-security-product-liability-and-alternatives

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Come work for Lawfare!
We are hiring a new associate editor. Associate editors work with authors to edit articles, host podcasts, have opportunities to write articles, track the publication of new national security documents, and more! The deadline to apply is May 20. https://www.lawfaremedia.org/article/come-work-with-us-as-our-new-associate-editor

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On this week's Chatter, David Priess talked to Gaia Vince about her book "Nomad Century," various aspects of climate change-driven mass migration, why the "Dubai model" isn't a global solution, nurses from the Philippines as a case study, and much more. https://www.lawfaremedia.org/article/chatter-climate-migration-with-gaia-vince

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"'How to Win an Information War' succeeds wildly (if, in places, despite itself) at raising deeper philosophical questions about propaganda, its role in shaping national identities, and its use by the good and the evil alike, in politics and in war. "
Gavin Wilde reviews Peter Pomertantsev's “How to Win an Information War." https://www.lawfaremedia.org/article/information-warfare-and-its-casualties

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On today's Lawfare Daily, Stephanie Pell talked to Gavin Wilde and Emma Landi of Carnegie Endowment for International Peace about their new paper on law enforcement efforts to “hack the hackers," some of the major policy questions posed by law enforcement hacking, and more. https://www.lawfaremedia.org/article/lawfare-daily-law-enforcement-hacking-as-a-tool-against-transnational-cyber-crime

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In the latest paper for Lawfare's Security By Design series, Daniel Woods proposes a software liability regime under which insurers could pursue compensation from vendors for their development of insecure software following security incidents. https://www.lawfaremedia.org/article/software-liability-and-insurance

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At 5:30 pm ET today, join Roger Parloff, Anna Bower, Tyler McBrien, and Benjamin Wittes for a post-court dispatch where they will discuss Michael Cohen's testimony in the NYC Trump trial. https://youtube.com/live/y7QQ3Jh3zfA?feature=share

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On today's Lawfare Daily, Eugenia Lostri spoke to Adam Segal about the new U.S. cyberspace and digital policy strategy, how it fits with other cyber actions from the Biden admin, how to future-proof these initiatives, and more. https://www.lawfaremedia.org/article/lawfare-daily-the-u.s.-international-cyberspace-and-digital-policy-strategy-with-adam-segal

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"Framework interoperability can play an important role in balancing countries’ quest for digital sovereignty while avoiding full-fledged fragmentation.”
Cedric Sabbah on balancing global integration and regulatory autonomy for digital governance.
https://www.lawfaremedia.org/article/framework-interoperability-a-new-hope-for-global-digital-governance

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The end of last week saw the completion of Stormy Daniel's cross-examination, some records custodian witnesses, and a denied mistrial motion. Anna Bower, Tyler McBrien, Katherine Pompilio, and Benjamin Wittes report on what happened in Justice Merchan's courtroom: https://www.lawfaremedia.org/article/stormy-daniels-steps-down

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