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David Kris on the NSA Annex

The Lawfare Podcast

Release Date: 01/15/2021

Your Questions on Iraq show art Your Questions on Iraq

The Lawfare Podcast

The United States hit targets in Syria associated with two Iraqi militias last week in the first military operations of the Biden administration. To catch up on the situation on the ground in Iraq, Benjamin Wittes sat down on Lawfare Live with Scott Anderson and Marsin Alshamary. They talked about the groups that the U.S. attacked, the constellation of forces in the current Iraqi government, the legal authority for the attack and where Iraqi politics go from here.

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The Lawfare Podcast

Section 230 of the Communications Decency Act of 1996 has been called by some the Magna Carta of the internet—but how foundational is it? Mary Anne Franks thinks that Section 230 is indeed a cornerstone of the modern internet, but not in a good way. Alan Rozenshtein spoke with her about her recent paper, "Section 230 and the Anti-Social Contract," in which she argues that far from expanding freedom, Section 230 has simply continued a long tradition of marginalizing the most vulnerable among us.

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The Lawfare Podcast

Evelyn Douek and Quinta Jurecic spoke with Rasmus Kleis Nielsen about the fight between Australia and Facebook. After Australia proposed a law that would force Facebook to pay for content linked on its platform from Australian news sites, Facebook responded by blocking any news posts in the country. The company and the Australian government have since resolved the spat—for now—but the dust-up raises bigger questions about the relationship between traditional media and social media platforms.

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The Lawfare Podcast

Attorney General nominee Merrick Garland faced the Senate Judiciary Committee on Monday for a multi-hour session of questions and answers from senators. There were opening statements, there was a lot of speechifying, and there was posturing on the part of senators of both parties. We stripped it all out to bring you just the questions and the answers with no repetition.

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The Lawfare Podcast

Texas has been struggling with a massive power outage caused by record low temperatures; millions have been without power, heat and running water, and at least dozens have died. Texas is unique in that its electricity is almost completely independent from the rest of the U.S. grid, and as the current crisis shows, Texas's energy exceptionalism comes at a cost. Alan Rozenshtein spoke with Alexandra Klass about the current situation and the future of energy policy, both for Texas and for the United States.

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Trust, Software and Hardware show art Trust, Software and Hardware

The Lawfare Podcast

David Hoffman is associate general counsel and global privacy officer for the Intel Corporation, as well as the Steed Family Professor of Practice in Cybersecurity Policy for Duke's Sanford School of Public Policy. He invited Benjamin Wittes to give a talk to a group of students about trust and technology development in which they discussed what the components of trust really are, how many of them are technical and how many of them involve other things like corporate governance.

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The Lawfare Podcast

On February 1, Myanmar's military overthrew the country's democratically elected government in a coup and declared a state of emergency for a year. Since then, the country has seen daily peaceful protests and large-scale strikes against military rule, at times clashing with security forces who have been seen using tear gas and rubber bullets to disperse crowds. To break it all down, Rohini Kurup spoke with Aye Min Thant, a Pulitzer Prize-winning journalist based in Myanmar.

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Chinmayi Arun on India and the Future of the Internet show art Chinmayi Arun on India and the Future of the Internet

The Lawfare Podcast

Right now in India, there’s a legal battle that could portend the future of the internet. Evelyn Douek and Quinta Jurecic spoke with Chinmayi Arun, a resident fellow at the Information Society Project at Yale Law School and an affiliate of the Berkman Klein Center for Internet & Society at Harvard University about one of the biggest stories about freedom of expression online today—the battle between Twitter and the Indian government.

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The Lawfare Podcast

The second impeachment trial of Donald J. Trump is now over. It ended with a roar and then a whimper, and then a little bit of a roar again, as seven Republicans joined all of the Democrats to convict the former president. It wasn't enough, as the Senate needed 67 votes to convict and it only had 57, but it made a statement of sorts—or did it? To discuss the trial and its weird ending, Benjamin Wittes sat down with Quinta Jurecic, David Priess, Scott Anderson and Molly Reynolds.

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The Lawfare Podcast

The Biden administration has promised significant changes to the U.S. relationship with Iran that could have a marked impact on the Middle East. To discuss these changes, David Priess hosted a panel discussion for the Michael V. Hayden Center for Intelligence, Policy and International Security at George Mason University's Schar School of Policy and Government, featuring Norman Roule, Kirsten Fontenrose and Ambassador Dennis Ross.

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The NSA this week released a long-awaited update to its signals intelligence policy, which had not been updated since 1988. David Kris, former assistant attorney general for the National Security Division, shortly thereafter produced an even longer paper analyzing the dense and technical policy document. David joined Benjamin Wittes to talk about the significance of this new policy document, what it does and how it is different from the document it replaces. They also talked about David's paper, how he came to write it, why it is so much longer than the policy document itself and what the implications of the new NSA policies are for signals intelligence collection and civil liberties.