This is the feed for Lawfare Presents. A home for limited run series and specials from Lawfare and Goat Rodeo. Produced by Goat Rodeo. www.goatrodeodc.com Lawfare https://www.lawfaremedia.org/ Hosted on Acast. See acast.com/privacy for more information.
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After 20 years of war, the U.S. withdrawal from Afghanistan ended in chaos at an airfield in Kabul. Thousands of Afghans who worked with the American soldiers as translators, interpreters and partners made it onto U.S. military planes. But despite the decades-long efforts of veterans, lawmakers and senior leaders in the military, even more were left behind. Now they live in hiding from the Taliban. From Lawfare and Goat Rodeo, this is Allies. A podcast about America’s eyes and ears over 20 y ...
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From Russian election interference, to scandals over privacy and invasive ad targeting, to presidential tweets: it’s all happening in online spaces governed by private social media companies. These conflicts are only going to grow in importance. In this series, also available in the Lawfare Podcast feed, Evelyn Douek and Quinta Jurecic will be talking to experts and practitioners about the major challenges our new information ecosystem poses for elections and democracy in general, and the da ...
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The Aftermath S2E5 - With Liberty and Justice for Some
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The fate of Donald Trump and the Jan. 6 prisoners are intertwined. The prisoners' biggest hope for freedom is if Donald Trump wins the 2024 election, takes office and makes the federal cases go away. But the people who stormed the Capitol committed straightforward crimes that were easier to investigate, easier to indict, easier to prove. Three year…
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Matt Perault, Ramya Krishnan, and Alan Rozenshtein Talk About the TikTok Divestment and Ban Bill
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Last week the House of Representatives overwhelmingly passed a bill that would require ByteDance, the Chinese company that owns the popular social media app TikTok, to divest its ownership in the platform or face TikTok being banned in the United States. Although prospects for the bill in the Senate remain uncertain, President Biden has said he wil…
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Today, we’re bringing you an episode of Arbiters of Truth, our series on the information ecosystem. On March 18, the Supreme Court heard oral arguments in Murthy v. Missouri, concerning the potential First Amendment implications of government outreach to social media platforms—what’s sometimes known as jawboning. The case arrived at the Supreme Cou…
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The Aftermath S2E4 - The Hidden Insurrection
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It’s December 2020. Donald Trump continues to deny that he has lost the election. He and his inner circle are working feverishly to try to overturn it while Trump is getting more and more irate. Then, on Dec. 21, he meets a man named Jeffrey Clark. Suddenly, the full might of the Justice Department is within reach. And he plans to use it. Hosted on…
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The Aftermath S2E3 - #StormtheCapitol
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Social media was key to Jan. 6. End to end. It was key to gathering the crowd that stormed the Capitol. It was key to generating the sentiment that led people to drop their lives to come to Washington willing to commit crimes. It was key to sending them home when the deed was done. Of course, we’re all on social media. But how does social media pro…
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The Aftermath S2E2 - Lawyers for the Coup
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In December 2020, The President and his advisors are still fighting to overturn the results of November’s presidential election. Then, in the middle of the month, a lawyer in Wisconsin sends a memo to the president’s legal team. This memo marks the beginning of a scheme that works its way through state legislatures and the halls of Congress, then t…
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The Aftermath S2E1 - The Grossly Impudent Lie
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It’s been three years since the insurrection of January 6th. There have been congressional investigations, prosecutions, and legal reforms, and it’s looking like 2024 will be the year that Donald Trump and his inner circle finally confront the criminal justice system. But is that enough to respond to an existential threat to our democracy? It all s…
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How Are the TikTok Bans Holding Up in Court?
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In May 2023, Montana passed a new law that would ban the use of TikTok within the state starting on January 1, 2024. But as of today, TikTok is still legal in the state of Montana—thanks to a preliminary injunction issued by a federal district judge, who found that the Montana law likely violated the First Amendment. In Texas, meanwhile, another fe…
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Jeff Horwitz on Broken Code and Reporting on Facebook
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In 2021, the Wall Street Journal published a monster scoop: a series of articles about Facebook’s inner workings, which showed that employees within the famously secretive company had raised alarms about potential harms caused by Facebook’s products. Now, Jeff Horwitz, the reporter behind that scoop, has a new book out, titled “Broken Code”—which d…
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Unless you’ve been living under a rock, you’ve probably heard a great deal over the last year about generative AI and how it’s going to reshape various aspects of our society. That includes elections. With one year until the 2024 U.S. presidential election, we thought it would be a good time to step back and take a look at how generative AI might a…
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The Crisis Facing Efforts to Counter Election Disinformation
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Over the course of the last two presidential elections, efforts by social media platforms and independent researchers to prevent falsehoods from spreading about election integrity have become increasingly central to civic health. But the warning signs are flashing as we head into 2024. And platforms are arguably in a worse position to counter false…
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Talking AI with Data and Society’s Janet Haven
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Today, we’re bringing you an episode of Arbiters of Truth, our series on the information ecosystem. And we’re discussing the hot topic of the moment: artificial intelligence. There are a lot of less-than-informed takes out there about AI and whether it’s going to kill us all—so we’re glad to be able to share an interview that hopefully cuts through…
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What Impact did Facebook Have on the 2020 Elections?
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How much influence do social media platforms have on American politics and society? It’s a tough question for researchers to answer—not just because it’s so big, but also because platforms rarely if ever provide all the data that would be needed to address the problem. A new batch of papers released in the journals Science and Nature marks the late…
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The Aftermath- Episode 6: Going Dark
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The season finale delves into what was going on behind the scenes in the Jan. 6 committee’s investigation in the months between its first public hearing to its second, almost a year later. To many, the Jan. 6 committee’s public silence seemed to indicate that it simply wasn’t doing anything. The records trickling out of the court system, however, t…
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Brian Fishman on Violent Extremism and Platform Liability
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Earlier this year, Brian Fishman published a fantastic paper with Brookings thinking through how technology platforms grapple with terrorism and extremism, and how any reform to Section 230 must allow those platforms space to continue doing that work. That’s the short description, but the paper is really about so much more—about how the work of con…
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Cox and Wyden on Section 230 and Generative AI
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Generative AI products have been tearing up the headlines recently. Among the many issues these products raise is whether or not their outputs are protected by Section 230, the foundational statute that shields websites from liability for third-party content. On this episode of Arbiters of Truth, Lawfare’s occasional series on the information ecosy…
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An Interview with Meta’s Chief Privacy Officers
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In 2018, news broke that Facebook had allowed third-party developers—including the controversial data analytics firm Cambridge Analytica—to obtain large quantities of user data in ways that users probably didn’t anticipate. The fallout led to a controversy over whether Cambridge Analytica had in some way swung the 2016 election for Trump (spoiler: …
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If someone lies about you, you can usually sue them for defamation. But what if that someone is ChatGPT? Already in Australia, the mayor of a town outside Melbourne has threatened to sue OpenAI because ChatGPT falsely named him a guilty party in a bribery scandal. Could that happen in America? Does our libel law allow that? What does it even mean f…
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Over the past few years, TikTok has become a uniquely polarizing social media platform. On the one hand, millions of users, especially those in their teens and twenties, love the app. On the other hand, the government is concerned that TikTok's vulnerability to pressure from the Chinese Communist Party makes it a serious national security threat. T…
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Ravi Iyer on How to Improve Technology Through Design
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On the latest episode of Arbiters of Truth, Lawfare's series on the information ecosystem, Quinta Jurecic and Alan Rozenshtein spoke with Ravi Iyer, the Managing Director of the Psychology of Technology Institute at the University of Southern California's Neely Center. Earlier in his career, Ravi held a number of positions at Meta, where he worked …
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During recent oral arguments in Gonzalez v. Google, a Supreme Court case concerning the scope of liability protections for internet platforms, Justice Neil Gorsuch asked a thought-provoking question. Does Section 230, the statute that shields websites from liability for third-party content, apply to a generative AI model like ChatGPT? Luckily, Matt…
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You've likely heard of ChatGPT, the chatbot from OpenAI. But you’ve likely never heard an interview with ChatGPT, much less an interview in which ChatGPT reflects on its own impact on the information ecosystem. Nor is it likely that you’ve ever heard ChatGPT promising to stop producing racist and misogynistic content. But, on this episode of Arbite…
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Tech policy reform occupies a strange place in Washington, D.C. Everyone seems to agree that the government should change how it regulates the technology industry, on issues from content moderation to privacy—and yet, reform never actually seems to happen. But while the federal government continues to stall, state governments are taking action. Mor…
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The Aftermath- Episode 5: Who Tells Your Story?
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In this fifth episode of The Aftermath, we explore another aspect of Congress’s response to Jan. 6: efforts to create an investigative body to find out what had happened. Proposals for a national commission began the day after the attack and continued to gain traction with support from both Democrats and Republicans. After a months-long negotiation…
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The Aftermath- Episode 4: A Bipartisan Interlude
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This episode of The Aftermath recalls the brief period where Democrats and Republicans worked together to respond to Jan. 6—and actually made a lot of progress. How? Hosted on Acast. See acast.com/privacy for more information.
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The Aftermath- Episode 3: Congress Responds
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In the days after the January 6th insurrection, for Raskin and his colleagues, it wasn’t entirely clear that the insurrection was over. And for at least a brief moment, there seemed to be some kind of consensus. The moment turned out to be brief indeed, at least with respect to accountability for Trump himself. Within a week, the consensus had devo…
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The Aftermath - Ep 2: Scattered to the Four Winds
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In the wake of January 6, there were immediate calls for en masse arrests of all individuals on the Capitol compound, and demands that every one of them be hauled into court to stand trial. But our justice system does not work that way. The bedrock of our legal system is the due process of law. You can’t be tried for being part of an insurrectionis…
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The Aftermath - Episode 1: Day Zero, Ground Zero
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The Aftermath is not a podcast about the insurrection itself, or about how we got there. It’s a podcast about what happened next – how our democracy is attempting to right itself in the face of an existential threat. Who is being criminally prosecuted, and who isn’t. How is Congress taking action—and what is it ignoring. And how are our institution…
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Rick Hasen and Nate Persily on Replatforming Trump on Social Media
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On November 19, Twitter’s new owner Elon Musk announced that he would be reinstating former President Donald Trump’s account on the platform—though so far, Trump hasn’t taken Musk up on the offer, preferring instead to stay on his bespoke website Truth Social. Meanwhile, Meta’s Oversight Board has set a January 2023 deadline for the platform to dec…
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A Member of Meta’s Oversight Board Discusses the Board’s New Decision
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When Facebook whistleblower Frances Haugen shared a trove of internal company documents to the Wall Street Journal in 2021, some of the most dramatic revelations concerned the company’s use of a so-called “cross-check” system that, according to the Journal, essentially exempted certain high-profile users from the platform’s usual rules. After the J…
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Decentralized Social Media and the Great Twitter Exodus
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It’s Election Day in the United States—so while you wait for the results to come in, why not listen to a podcast about the other biggest story obsessing the political commentariat right now? We’re talking, of course, about Elon Musk’s purchase of Twitter and the billionaire’s dramatic and erratic changes to the platform. In response to Musk’s takeo…
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The Supreme Court has granted cert in two cases exploring the interactions between anti-terrorism laws and Section 230 of the Communications Decency Act. To discuss the cases, Lawfare editor-in-chief Benjamin Wittes sat down on Arbiters of Truth, our occasional series on the online information ecosystem, with Lawfare senior editors and Rational Sec…
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Mark Bergen on the Rise and Rise of YouTube
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Today, we’re bringing you another episode of our Arbiters of Truth series on the online information ecosystem. Lawfare senior editor Quinta Jurecic spoke with Mark Bergen, a reporter for Bloomberg News and Businessweek, about his new book, “Like, Comment, Subscribe: Inside YouTube’s Chaotic Rise to World Domination.” YouTube is one of the largest a…
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The Fifth Circuit is Wrong on the Internet
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Our Arbiters of Truth series on the online information ecosystem has been taking a bit of a hiatus—but we’re back! On today’s episode, we’re discussing the recent ruling by the U.S. Court of Appeals for the Fifth Circuit in NetChoice v. Paxton, upholding a Texas law that binds large social media platforms to certain transparency requirements and si…
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Mahnaz was a member of a Female Tactical Platoon in the Afghan Military. She was one of tens of thousands of Afghans who came to the United States during the withdrawal from Afghanistan. In our final episode, you’ll learn about the bureaucratic mess they’re still going through to get resettled. And how Congress could pass legislation to help, but i…
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20 years of war and broken bureaucracy culminate during the US withdrawal at the Kabul airport. Thousands of Afghans rush to the tarmac where American forces sort through the crowds. Veterans, advocates and politicians try to get their allies out while the Taliban rapidly takes control of Afghanistan. Hosted on Acast. See acast.com/privacy for more…
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We return to Fred—an Afghan combat interpreter who served with American soldiers for more than 13 years. After years of denials, an ad hoc team of lawyers and veterans tried to push his Special Immigrant Visa (SIV) application through federal bureaucracy. Then, we describe how a new president aimed to bring the SIV program to a screeching halt. Hos…
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