The Lawfare Podcast (general)

Fred Kaplan joins Benjamin Wittes at a Hoover Book Soiree to discuss "Dark Territory: The Secret History of Cyber War."

Direct download: Episode_175.mp3
Category:general -- posted at: 11:55am EDT

Suzanne Spaulding, Under Secretary for the National Protection and Programs Directorate at the Department of Homeland Security, joins Lawfare's Benjamin Wittes for interview on cybersecurity and the role of DHS is cyberdefense in front of a live a audience.

Direct download: Episode_174.mp3
Category:general -- posted at: 2:48pm EDT

The Iran deal adopted in July 2015 was an effort not only to prevent Iran from acquiring nuclear weapons but also to avert a nuclear arms competition in the Middle East. But uncertainties surrounding the future of the agreement, including the question of what Iran will do when key restrictions on its nuclear program expire after 15 years, could provide incentives for some of its neighbors to keep their nuclear options open. A Brookings panel--including Robert Einhorn, Richard Nephew, Suzanne Maloney, Amb. Youssef Al Otaiba of the UAE, and Derek Chollet of the German Marshall Fund--discuss a new report on the deal's implementation.

Direct download: EPISODE_173.mp3
Category:general -- posted at: 2:24pm EDT

This week, the American Bar Association hosted a panel discussion on “Achieving More Transparency about Secret Intelligence Programs”, which along with Lawfare's Carrie Cordero, featured comments from Alexander Joel of Office of the Director of National Intelligence and Rachel Brand and the Privacy and Civil Liberties Oversight Board. The panel explores recent calls for greater transparency, and examines whether recently adopted principles go far enough. Can an entity oriented towards secrecy by nature operate effectively in an environment of transparency? And just how much more transparent can intelligence agencies be without enabling legitimate targets to avoid surveillance?

Direct download: Episode_172--Carrie_Cordero_ABA_Panel.mp3
Category:general -- posted at: 7:02pm EDT

Four years ago, Anwar al Awlaki—an American citizen—was killed in an American drone strike in Yemen, marking the first targeted killing of a U.S. citizen by the U.S. government. While the attack occurred almost four years ago, the legality, morality and prudential nature of the strike, and others like it that occur nearly daily in a scattershot of countries around the world, remain a subject of much debate. 

Last week, Jefferson Powell joined Lawfare’s Jack Goldsmith at the May Hoover Book Soiree for a discussion of Targeting Americans: The Constitutionality of U.S. Drone War, a new book that takes a deep look into the constitutionality of the programPowell is a Professor of Law at Duke University, and over the hour, he argues that the killing of Anwar al Awlaki under the 2001 AUMF was constitutional, but that the Obama administration’s broader claims of authority are not. He also asserts that American citizens acting as combatants in al Qaeda are not entitled to due process protections. Yet constitutional claims should not be confused with what is moral, or indeed, what is legal under international norms. Those answers, Powell suggests, must be examined through means other than constitutional law.

 

Direct download: Episode_171--Jeff_Powell_Targeting_Americans.mp3
Category:general -- posted at: 1:33pm EDT

This week on the show, Zachary Goldman and Samuel Rascoff of the NYU Center on Law and Security came on the show to discuss their new edited volume, “Global Intelligence Oversight: Governing Security in the Twentry-First Century.” The book’s contributors take a comparative approach to examining trends in intelligence oversight. And Zach and Sam join Lawfare’s Benjamin Wittes and Bobby Chesney---yes, that same Bobby Chesney, back from the Zombie Apocalypse---to tease out the book’s chapter’s on the role of transnational oversight, the changing nature of judicial oversight, and how the executive too can create intelligence accountability.

*Correction: The voice at the beginning of the podcast is that of Zach Goldman and not Sam Rascoff as indicated.*

Direct download: Episode_170--Sam_Rascoff_and_Zach_Goldman.mp3
Category:general -- posted at: 4:23pm EDT

Last week, Juliette Kayyem joined Lawfare’s Jack Goldsmith at the Hoover Book Soiree for a discussion of her new book, Security Mom: An Unclassified Guide to Protecting Our Homeland and Your Home. In their conversation, Kayyem, who served as Assistant Secretary for Intergovernmental Affairs in the Department of Homeland Security, distills lessons from her years of government service, outlining a number of smart, measureable guidelines that every American citizen can follow in order to enhance their own security preparedness. In her assessment, homeland security begins in the home, and we all have a responsibility to ensure that our families are prepared in the event that the unthinkable happens. 

 

Direct download: Episode_169_--_Security_Mom.mp3
Category:general -- posted at: 3:09pm EDT

Intel Security's Chris Young gives a talk on the current cybersecurity landscape. And we hold a debate on using Big Data to protect personal privacy, featuring Daniel Weitzner of MIT, Laura Donahue of Georgetown Law, Susan Hennessey of Brookings and Lawfare, Greg Nojeim of the Center for Democracy and Technology, and David Hoffman of Intel: Is Big Data just a privacy threat? Or is it part of the solution too?

Direct download: Episode_168.mp3
Category:general -- posted at: 11:03am EDT

This week on the podcast, Benjamin Wittes and Cliff Kupchan talk about the future of U.S-Russia relations and to delve into the Russian intervention in Syria. Kupchan is the Chairman and Practice Head for Eurasia at the Eurasia Group, where he covers Russia’s domestic and foreign policy, as well as its energy sector. He argues that the United States has good reason to talk to and work with Russia on a host of crises, including Syria. While he calls Russia a “revisionist power without a vision,” he also warns that the United States would be foolish to dismiss the country’s concerns out of hand. Instead, American officials should strive to work with Moscow in Syria, where he argues that the national interest requires it, as an anti-Russian obstructionism will benefit neither the United States nor the international community. 

Direct download: Podcast_167--Kupchan_on_Russia.mp3
Category:general -- posted at: 6:29pm EDT

Apple and the FBI may have been settled out of court, but that doesn’t mean the fight is over. With Congress on the verge of considering new legislation to compel technology companies to decrypt data, the Going Dark debate is alive and well. 

Last week on a panel at the IAPP Global Privacy Summit in Washington D.C., Lawfare's Editor-in-Chief Ben Wittes and Daniel Weitzner discussed the fallout from the battle between Apple and the FBI and what is likely to come of the Going Dark debate. Weitzner is the Director of the MIT Internet Policy Research Initiative and Principal Research Scientist at the MIT Computer Science and Artificial Intelligence Lab; he was formerly the United States Deputy Chief Technology Officer for Internet Policy at the White House. He and Ben parse the contours of the recent dispute between the Bureau and the technology giant, explore the boundaries of commercial use encryption, and debate the role of backdoors in law enforcement investigations. They conclude with thoughts on the policy implications of the latest reemergence of the cryptowars. 

 

Direct download: Episode_166--Daniel_Weitzner_and_Ben_Debate.mp3
Category:general -- posted at: 4:44pm EDT