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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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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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Though politicians have compared Hamas to al-Qaeda since Oct. 7, the groups have different aims and fighting Hamas requires different tactics, writes Kim Cragin in this week’s Foreign Policy Essay. https://www.lawfaremedia.org/article/hamas-cannot-be-fought-like-al-qaeda

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Apply now to become an associate editor at Lawfare!
The associate editor is central to the editorial process, assists with long-term research projects, and has opportunities to host podcasts and author articles. 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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"[T]he complaint could succeed based on its notably public-spirited argument that ordinary individuals—not profit-driven corporate algorithms—should determine what they see online."

Paul M. Barrett on Knight First Amendment Institute at Columbia University's suit against Meta. https://www.lawfaremedia.org/article/a-zuck-takes-on-meta

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At 3pm ET, Roger Parloff will talk to Anna Bower, Benjamin Wittes, and guest Jacob Shamsian about what happened in court today in the NYC Trump trial, including the end of Stormy Daniels' testimony. https://youtube.com/live/64PsfklwYuQ?feature=share

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On May 10, the D.C. Circuit upheld Steve Bannon’s conviction for defying a subpoena from the Jan. 6 committee. Read the decision, from Katherine Pompilio. https://www.lawfaremedia.org/article/d.c.-circuit-upholds-bannon-conviction

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This week's Seriously Risky Business looks at Microsoft's embrace of cybersecurity as a top priority, the unmasking of the LockBit ransomware group ringleader, the U.S.’s international cyber strategy, and more. Read the weekly newsletter by Tom Uren: https://www.lawfaremedia.org/article/microsoft-makes-security-the-new-black

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