The Lawfare Podcast

Jim Dempsey, Senior Policy Adviser at Stanford Cyber Policy Center, discusses the proposal for a software liability regime to shift liability onto those who should be securing their software. Topics include legal theories of liability, process-based safe harbor, certification approach, defining software liability standards, design flaws and liability, and the need for quick action in policy-making.

Shoba Pillay and Jennifer Lee discuss the cybersecurity and national security implications of the SolarWinds hack, the SEC's enforcement action against SolarWinds and its CISO, challenges faced by companies in addressing cybersecurity and accurate disclosures, SolarWinds' response to the SEC complaint, and the impact of the SolarWinds case on cybersecurity disclosures.

Law professors Michael Ramsey and Matthew Waxman discuss the scope of Congress's authority to delegate war initiation power to the president. They explore the history of war power delegations, the significance of Congress delegating authority for the use of force, and the implications of war power questions and non-delegation arguments. The chapter also delves into the Curtis Wright case and its relevance for war power delegation in the United States.

This week on the podcast, they discuss Congress debating government funding and Ukraine aid, the US military action against the Houthi movement, and the results of the Iowa caucuses. They also recommend a book and share stories about snowstorms and finding an airplane plug.

Discussion on where the Section 3 disqualification litigation stands, lack of action from the D.C. Circuit Court on Trump's presidential immunity defense, puzzling statement from a few D.C. Circuit judges on a different matter, Judge Cannon's activities in Florida, and audience questions. Also covers speculation on the Solicitor General's involvement, pending administrative proceedings, Trump's lawyers' motion, financial allegations, ineffective assistance of counsel, and Supreme Court review.

Exploring the financial implications and effectiveness of the border wall with Mexico, the current state of the US-Mexico border, the flow of illegal immigration into the United States, the effectiveness of a physical barrier, fallout and tensions between the US and Mexico, and wrapping up the discussion on the first foreign policy crisis.

Lawfare's podcast discusses the FTC settlement with X-Mode Social, a location data broker. They explore the prohibition of selling sensitive location data, potential actions against data brokers, and the need for comprehensive privacy legislation. The podcast also analyzes the FTC complaint against X-Mode, the challenges of data sharing obligations, and the implications and frustrations surrounding the lack of privacy legislation.

Hans Kristensen, Director of the Nuclear Information Project, discusses the chain of command for nuclear strike authorization, alternatives to the current system, fictional scenarios of nuclear launches, and the 'letters of last resort' for UK nuclear submarines. They also touch on deterrence and human psychology in relation to nuclear weapons.

Marc Garlasco, civilian harm reduction advocate, and Emily Tripp, military policy expert, discuss the state of civilian harm worldwide, the Pentagon's groundbreaking policy on civilian harm reduction, and efforts to get U.S. allies and partners to buy in. They emphasize the need for better protections for civilians in conflict zones and the challenges of future administrations ignoring or removing policies aimed at protecting civilians. The speakers also discuss the importance of safeguarding personal information online and the evolving relationship between NGOs and the military.

Chimène Keitner, Martin Luther King Jr. Professor of Law at the University of California, discusses South Africa's petition against Israel under the Genocide Convention. Topics include analyzing genocidal intent, the impact of statements at the International Criminal Court, cybercrime targeting, and the challenges judges face in this complex issue.