Rational Security 2.0: The ‘Textual Healing’ Edition
Published by The Lawfare Institute
in Cooperation With
This week, Alan, Quinta and Scott talked amongst themselves about some of the week's big national security news stories, including:
- “What’s in a Name?” Observers of the war in Ukraine are increasingly turning to a controversial term to describe the actions of Russian forces: genocide. Why are people suddenly using this word? Is its use appropriate here?
- “Who’s Afraid of Going Dark?” A recent expose has gone deep into the struggle between big tech companies and NSO Group, the Israeli hacking company that has provided various governments around the world with the ability to access users’ phones and other protected communications. What does this tell us about the future of communications security and the role of companies like NSO Group in it.
- “Florida Woman Disputes Sanitation Standards.” A federal judge in the Middle District of Florida has adopted an extremely narrow reading of federal law to hold that the Biden administration lacks the legal authority to require individuals to wear masks on airplanes and other transportation systems. What does this holding tell us about where the legal debate around pandemic measures is headed?
For object lessons, Alan endorsed his new favorite Norwegian time travel cop show. Quinta shouted out a piece in G. Elliot Morris's substack on why the Democrats are screwed and what can (and can’t) be done about it. And Scott urged listeners to check out musician Margaret Glaspy, who he recently saw live and brings a rocky vibe and charmingly awkward dance moves to the singer-songwriter motif.
Here are a few other articles and items we discussed, in no particular order:
- Alan's recent Lawfare Podcast interview with law professors Orin Kerr and Asaf Lubin regarding the WhatsApp v. NSO Group lawsuit;
- Hersch Lauterpacht's 1947 treatise “Recognition in International Law,” which is currently living on Scott's bedside table.
Jen Patja is the editor and producer of the Lawfare Podcast and Rational Security. She currently serves as the Co-Executive Director of Virginia Civics, a nonprofit organization that empowers the next generation of leaders in Virginia by promoting constitutional literacy, critical thinking, and civic engagement. She is the former Deputy Director of the Robert H. Smith Center for the Constitution at James Madison's Montpelier and has been a freelance editor for over 20 years.
Alan Z. Rozenshtein is an Associate Professor of Law at the University of Minnesota Law School, Research Director and Senior Editor at Lawfare, a Nonresident Senior Fellow at the Brookings Institution, and a Term Member of the Council on Foreign Relations. Previously, he served as an Attorney Advisor with the Office of Law and Policy in the National Security Division of the U.S. Department of Justice and a Special Assistant United States Attorney in the U.S. Attorney's Office for the District of Maryland.
Quinta Jurecic is a fellow in Governance Studies at the Brookings Institution and a senior editor at Lawfare. She previously served as Lawfare's managing editor and as an editorial writer for the Washington Post.
Scott R. Anderson is a fellow in Governance Studies at the Brookings Institution and a Senior Fellow in the National Security Law Program at Columbia Law School. He previously served as an Attorney-Adviser in the Office of the Legal Adviser at the U.S. Department of State and as the legal advisor for the U.S. Embassy in Baghdad, Iraq.
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