The Lawfare Podcast: Patreon Edition

This week, Scott sat down with his Lawfare colleagues Kevin Frazier, Roger Parloff, and Molly Roberts to talk through some of the week’s big news in AI, including:

• “Citizen Cain’t.” When the NAACP sued Elon Musk’s xAI under the Clean Air Act—alleging that the company built dozens of gas-fired turbines to power a data center in Mississippi without relevant air permits and exposing nearby, predominantly Black communities to harmful pollution—the Justice Department opted to do something it has never done before: it intervened in a citizen suit against a private company in order to kill it. DOJ’s motion offers two theories: first, that shutting down the turbines would threaten national security because the military relies on xAI’s Grok Gov model (including in relation to the Iran war) to secure the nation, and second, that the Constitution’s vesting of executive power in the president means private citizens cannot enforce federal law over the executive’s objection. How strong are these arguments? And what would it mean for environmental and other citizen-enforcement suits if DOJ were to prevail?
• “Grok the Vote.” We may be living through the first true “AI elections.” In Manhattan’s NY-12 Democratic primary, more than $40 million in AI-industry and AI-safety money turned a little-known assemblyman, Alex Bores, into something of a national referendum on whether voters care about AI regulation and AI safety—though Bores ultimately lost to Micah Lasher this week. Meanwhile, overseas in Malaysia, parties are using chatbots and other AI-driven technologies to reach out to voters in new and novel ways. And just this week in Washington, a new study has concluded that frontier AI is perhaps more persuasive than ever, but also may not be as politically neutral as some suspect or one might hope. What does this all mean for democratic politics when both money and the messaging involved in our politics are increasingly shaped by AI?
• “Kill, Kill Switch, Kill, Kill!” The government's frontier-AI "kill switch" is now ready to have its first day in court. If you recall, a few weeks ago, the Commerce Department's Bureau of Industry and Security sent Anthropic an "Is Informed" letter ordering it to suspend all access to its Fable 5 and Mythos 5 models for any foreign nationals, including its own employees. This ultimately led Anthropic to pull access to those models for everyone within hours. But this past Monday, June 22, a technology startup called Legion LegalTech filed a lawsuit against the U.S. government alleging that it has acted in a way that is unlawful and raises a number of statutory and constitutional concerns. How strong is the legal challenge, and what does it tell us about whether courts—rather than the executive—will end up defining the government's power to switch a frontier model on and off?

In object lessons, Molly sticks to the script for this week’s episode with her call-out of Erik Nitsche’s “Atoms for Peace” poster series for General Dynamics. Also inspired by this week’s theme, Kevin dives into some “light summer reading” about technology, globalization, and the law with “Rules for a Flat World,” by Gillian Hadfield. Roger, similarly, is “unwinding” with “The Winter Warriors,” by Olivier Norek, a novel about the lesser-known David vs. Goliath story of Finland taking on the Soviet Union in 1939. And Scott says enough already! He’s headed on vacation next week, and so is Rational Security. We’ll be back with a new episode and a rejuvenated Scott on July 9.