The Lawfare Podcast


Lawfare Archive: Rep. Adam Schiff on the Role of Congress in Protecting Liberal Democracy

From March 25, 2017: Between leading the House Permanent Select Committee on Intelligence's first open hearing on Russian election interference on Monday, and sparring with HPSCI Chairman Rep. Devin Nunes over Nunes's odd escapades regarding possible incidental collection of communications of Trump associates, HPSCI Ranking Member Rep. Adam Schiff has had a busy week. On Tuesday, Lawfare and the Brookings Institution were pleased to host Rep. Schiff for an address on "The Role of Congress in Protecting Liberal Democracy." In conversation with Lawfare's Benjamin Wittes and Susan Hennessey, Rep. Schiff spelled out an ambitious legislative program and a vision for revitalizing the power of Congress under the Trump presidency.

If you're interested in reading Rep. Schiff's remarks, Lawfare has published them here in article form.

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Rational Security: The "Nothing To Be Thankful For" Edition

For Thanksgiving, we’re bringing you something a little different—an episode of Rational Security, our light, conversational show about national security and related topics. This week, Alan, Quinta and Scott were joined by special guest,Quinta's co-host of the Arbiters of Truth series on theLawfarepodcast feedEvelyn Douek! They sat down to discuss:—“Getting Rittenhoused”: A jury recently acquitted 17-year-old Kyle Rittenhouse of murder charges for shooting two men in what he claimed was self-defense during last summer’s unrest. What does his trial and its aftermath tell us about the intersection of politics with our criminal justice system?— “Now That’s a Power Serve”: A global pressure campaign by professional tennis players has forced Chinese officials to disclose the location of Chinese tennis player Peng Shuai, who disappeared after publicly accusing a former senior official of sexual assault. Is this a new model for dealing with Chinese human rights abuses?— “Duck Say Quack and Fish Go Blub—But What Did Fox Say?”: Two prominent conservative commentators have resigned from Fox News over its release of a Tucker Carlson film that they say spreads misinformation and promotes violence. Will this be enough to force the network to curb its behavior?For object lessons, Quinta endorsed her favoritepie dough recipe. Alan in turn made an unorthodox recommendation of what to put in that dough:sweet potato pie. Scott encouraged listeners to follow up that big meal with a cup of coffee, made on his belovedAeropresswith aPrismo filter attachment. And if that doesn't work, Evelyn suggested folks tuck in for a nap with her favorite weighted blanket fromBearaby.Be sure to visit our show page atwww.lawfareblog.comand to follow us on Twitter at@RatlSecurity.And Rational Security listeners can now get a committed ad-free feed by becoming a Lawfare material supporter!

David Kaye on How We Address the Global Spyware Problem

On November 3, the Commerce Department added four foreign companies to what is often referred to as the “Entity List,” for engaging in activities that are contrary to the national security or foreign policy interests of the United States. One of those additions was the Israeli company NSO Group, which sells software—often called spyware—that once remotely installed on a phone can steal things like passwords, photos, communications and web searches. It can also activate cameras and microphones without the knowledge of the user. Companies placed on the Entity List are subject to U.S. government licensing and sanctions requirements. The NSO Group was added to the list based on evidence that it developed and supplied spyware to foreign governments that use these tools to target government officials, journalists, activists, academics and embassy workers.To talk about the global spyware problem, Stephanie Pell sat down with David Kaye, a professor of law at the University of California, Irvine, and the former United Nations Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression. In this former role, he produced a report that called for a moratorium on the sale and transfer of spyware. They discussed the nature of the global spyware problem, what might be done to address it and the important role both civil society groups and journalists have played in exposing it.