The Lawfare Podcast

Section 230 of the Communications Decency Act of 1996 immunizes platforms for the behavior of their users. It's been called by some the Magna Carta of the internet—but how foundational is it? Mary Anne Franks, a professor of law and Dean's Distinguished Scholar at the University of Miami, thinks that Section 230 is indeed a cornerstone of the modern internet, but not in a good way. As part of Lawfare's ongoing Digital Social Contract research paper series, she recently published a paper entitled, "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. Alan Rozenshtein spoke with her about her paper, about how Section 230 fits into the broader history of American political thought and about her ideas for a better internet.

Direct download: Mary_Anne_Franks_on_Section_230.mp3
Category:general -- posted at: 5:00am EDT

This week on Lawfare's Arbiters of Truth miniseries on disinformation and misinformation, Evelyn Douek and Quinta Jurecic spoke with Rasmus Kleis Nielsen, the director of the Reuters Institute and professor of political communication at the University of Oxford, 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 and the future of the media industry. They talked not only about Australia, but also about the role of social media in contributing to political polarization, the outlook for various business models funding journalism and what political solutions—other than Australia’s—might look like.


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. The committee covered a lot of ground: How will Merrick Garland handle the John Durham investigation? How will he handle white supremacist violence? How will he handle antifa? And will he answer—finally—questions from senators on the committee?

Direct download: Merrick_Garland_v_the_Judiciary_Committee_with_No_Bull.mp3
Category:general -- posted at: 5:00am EDT

For more than a week now, 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 been confirmed to have died as a result. All states are confronting extreme weather, but Texas is unique in that its electricity is almost completely independent from the rest of the United States' grid. This has at times lowered costs and increased innovation in the Texas energy markets, but as the current crisis shows, Texas's energy exceptionalism comes at a cost. Alexandra Klass is the Distinguished McKnight University Professor at the University of Minnesota Law School and a nationally recognized expert on energy law and policy who recently wrote about the Texas energy crisis for Lawfare. Alan Rozenshtein spoke with her about the current situation and the future of energy policy, both for Texas and for the United States.

Direct download: Alex_Klass_on_the_Texas_Energy_Crisis.mp3
Category:general -- posted at: 5:00am EDT

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, including brand and the regulatory environment in which products are produced.

Direct download: Trust_Hardware_and_Software.mp3
Category:general -- posted at: 5:00am EDT

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. It returns Myanmar to full military rule after nearly a decade of quasi-democracy that began in 2011. The coup came just hours before the start of a new session of Parliament, which was expected to endorse the results of a November election where de facto leader Aung San Suu Kyi's party won in a landslide and the military-backed party performed poorly. The military has alleged voter fraud, but Myanmar's election commission has said that there is no evidence to support its claims. 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. They discussed Myanmar's history of military rule, what it is like living through a coup and what to expect in the coming weeks.

Direct download: The_Coup_in_Myanmar.mp3
Category:general -- posted at: 5:00am EDT

Right now in India, there’s a legal battle that could portend the future of the internet. In this episode of Arbiters of Truth, Lawfare’s miniseries on disinformation and misinformation, Evelyn Douek and Quinta Jurecic talked to 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. She discussed one of the biggest stories about freedom of expression online today—the battle between Twitter and the Indian government, which has demanded that Twitter geoblock a large number of accounts, including the account of a prominent investigative magazine, in response to protests by tens of thousands of farmers across India. Chinmayi walked us through the political context of the farmers’ protests, how the clash between Twitter and the Indian government is part of an increasingly constrained environment for freedom of expression in India, and where this battle might end up.

Direct download: Chinmayi_Arun_on_India_and_the_Future_of_the_Internet.mp3
Category:general -- posted at: 5:00am EDT

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 impeachment trial, its weird ending and where it fits in with the effort to hold Donald Trump accountable, Benjamin Wittes sat down with Lawfare managing editor Quinta Jurecic, Lawfare chief operating officer David Priess, senior editor Scott R. Anderson and congressional guru Molly Reynolds. They talked about how the impeachment trial ended, what it meant that the Senate voted to call witnesses and then didn't bother, how to interpret the Senate's performance overall in the second impeachment trial and what the options are now that Donald Trump is a private citizen facing potential civil litigation, as well as criminal investigations and a possible 9/11-style commission.

Direct download: How_the_Impeachment_Trial_Ends.mp3
Category:general -- posted at: 5:00am EDT

The Biden administration has promised significant changes to the U.S. relationship with Iran that could have a marked impact on the Middle East. What is the likelihood that this new administration will be successful? And how will other regional developments—from the Abraham Accords between Israel and a few Arab states, to the healing of the rift within the Gulf Cooperation Council, to the ongoing morass in Syria—affect the dynamics here?

To address these questions, David Priess hosted a panel discussion on February 11 for the Michael V. Hayden Center for Intelligence, Policy and International Security at George Mason University's Schar School of Policy and Government. He sat down with Norman Roule, a 34-year veteran of the CIA, who served as the national intelligence manager for Iran for more than eight years; Kirsten Fontenrose, formerly the senior director for the Persian Gulf on the National Security Council staff and currently the director of the Scowcroft Middle East Security Initiative at the Atlantic Council; and Ambassador Dennis Ross, who has served in U.S. government positions pertaining to the Middle East for some 40 years, and who is now a distinguished fellow at the Washington Institute for Near East Policy.

Direct download: Iran_the_US_and_the_Middle_East_at_a_Turning_Point.mp3
Category:general -- posted at: 5:00am EDT

Lost in the shuffle of an impeachment trial here in the United States was big news from Canada last week. Canada’s Minister of Public Safety added the Proud Boys to Canada’s terror entity list. The listing might be in Canada, but the group had a role in the January 6 storming of the U.S. Capitol. The listing has all sorts of interesting legal and national security implications, so Jacob Schulz talked it through with two Canadian national security experts. Jessica Davis is a former senior strategic intelligence analyst with the Canadian Security Intelligence Service who is now the president of Insight Threat Intelligence and a PhD student at the Norman Paterson School of International Affairs at Carleton University. And Leah West is an assistant professor of International Affairs at Carleton University and serves as counsel with Friedman Mansour LLP. They talked about right-wing extremism in Canada, what the consequences of the listing might be and what it reveals about the relationship between Canada and the United States.

Direct download: Canada_Takes_on_the_Proud_Boys.mp3
Category:general -- posted at: 5:00am EDT