The Week That Was: All of Lawfare in One Post

On Lawfare Daily, Scott Anderson and Brandon Van Grack sat down with Paul Rosen to discuss President Joe Biden’s plans to implement outbound investment regulations targeting China and emerging technologies. They examined the impact of these regulations on U.S. investors, recent news regarding enforcement actions taken by the Committee on Foreign Investment in the United States, and more.

Elias Huber examined the U.S. government’s broad export controls on quantum technologies, arguing that while these measures are intended to maintain U.S. technological leadership over China, they are likely to be ineffective or even counterproductive in the long run. He suggested that instead of focusing solely on restrictive measures, policymakers should instead explore alternative approaches that reduce “access asymmetries” between China and the West.

Adam Klein argued that although large language models can help resolve the U.S. government’s overclassification problem by quickly and efficiently declassifying documents, they also could enable adversaries like China and Russia to extract sensitive information from these documents. He encouraged the U.S. government to be proactive in anticipating these security challenges, but cautioned that the intelligence community’s response will have considerable implications for the future of transparency.

In a paper for Lawfare’s Security by Design series, Eugenia Lostri and Justin Sherman noted that there is a general consensus on the meaning of “security by design”—which involves integrating security measures throughout the software design process—but that there is less agreement on how to define and apply “security by default.” 

On Lawfare Daily, Stephanie Pell spoke with Lostri and Sherman about their Security by Design paper. They discussed the definition of security by design, scalability solutions and implementation approaches, the importance of fostering a security-oriented corporate culture, and more.

On Lawfare Daily, Pell spoke with Shoba Pillay and Jennifer Lee about recent developments in the Security and Exchange Commission’s (SEC) case against SolarWinds and its Chief Information Security Officer. They discussed the district court’s decision to dismiss some of the SEC’s charges, how this case may impact the SEC's future cybersecurity enforcement actions, and more.

In the latest edition of the Seriously Risky Business cybersecurity newsletter, Tom Uren examined Australia's ambitious plan to develop a national digital identity system, ongoing espionage between China and Russia, the Federal Aviation Administration’s new cybersecurity standards for aircraft, and more. 

Kate Robertson warned that the proposed UN cybercrime treaty, while intended to harmonize global efforts to combat cybercrime, may inadvertently fuel the proliferation of mercenary spyware. She highlighted concerns that the treaty's broad surveillance and data-sharing provisions lack robust human rights safeguards, which could enable authoritarian regimes to abuse these new powers.

Pell and Richard Salgado analyzed a recent California court of appeal decision that significantly undermines the privacy protections provided by the Stored Communications Act (SCA) for user data held by digital service providers. They argued that the California Supreme Court should reverse this decision and urged Congress to update the SCA to fortify its privacy protections for the modern era of digital communication.

On Rational Security, Alan Rozenshtein, Quinta Jurecic, Molly Reynolds, and Kevin Frazier  discussed the week’s big national security news stories, including efforts to “Trump-proof” the government, the contrasts between the Democratic and Republican National Conventions, California’s controversial artificial intelligence bill, and more.

On Lawfare Daily, Frazier sat down with Richard Albert to analyze the kinds of safeguards that can help constitutions withstand political pressures. Their conversation, informed by Albert’s research on the process of conducting constitutional amendments, explores whether the U.S. Constitution has become too rigid.

Julien Berman shared the House impeachment inquiry report on Biden, which alleges that the president “participated in a conspiracy to monetize his office of public trust to enrich his family.”

In this week’s edition of Lawfare’s Foreign Policy Essay series, Aaron Mannes argued that if Sen. J.D. Vance (R-Ohio) takes office as former President Donald Trump’s vice president, he would be unlikely to have significant influence due to Trump’s leadership style and Vance’s own lack of political experience.

Noah Gordon reviewed “On the Move” by Abrahm Lustgarden, which examines how climate change is driving migration within the United States, posing security risks both domestically and globally. Gordon praised the book’s well-written and informative analysis, though he noted that it occasionally leaves the reader wanting more detailed discussion of the policy solutions and tradeoffs involved in addressing climate migration. 

Claire Finkelstein, Alberto Mora, and Stephen Xenakis emphasized that plea deals were the only realistic option to convict the detainees in the 9/11 case at Guantanamo Bay. They argued that by revoking these plea agreements, Secretary of Defense Lloyd Austin undermined the possibility of achieving justice and closure for the families of 9/11 victims and perpetuated the dysfunction of the military commission system.

On Lawfare Daily, Anastasiia Lapatina spoke with Leopoldo Lopez, a Venezuelan opposition leader living in exile after escaping prison for leading protests against Nicolás Maduro. They discussed the results of Venezuela’s recent presidential election, connections between Maduro’s regime and other dictatorships, the future of Venezuela, and more.

Mykhailo Soldatenko noted that while the U.S.-Ukraine bilateral security agreement represents an important step forward in U.S.-Ukraine relations, it lacks the strong, binding commitments necessary to effectively deter Russia. Soldatenko argued that to achieve its potential, the agreement needs further development, including more concrete commitments, proper implementation mechanisms, and greater congressional buy-in.

Milo Comerford and Jacob Davey noted that the recent riots in the U.K.—triggered in part by anti-immigrant disinformation following a mass stabbing—reflect a broader evolution of far-right extremism. They contended that U.K. policy must adapt to this shift by enhancing social media regulation and developing a comprehensive, cross-government strategy to address contemporary extremism. 

Solon Solomon criticized the International Court of Justice’s recent advisory opinion for omitting the historical, geopolitical, and security context behind the Israeli-Palestinian conflict in the West Bank. He argued that these omissions weaken the opinion and highlight the limitations of international courts in adjudicating highly politicized international conflicts.

And to support Lawfare’s coverage of the Trump Trials—a first-of-its-kind project dedicated to providing in-depth coverage of the ongoing criminal proceedings against Trump in Washington, Florida, New York, and Georgia—please consider making a contribution here. Lawfare’s talented correspondents and analysts discuss the latest developments in the cases, explain the complex legal issues they raise, and consider what might come next in a wide range of content, including written analysis, podcasts, live and recorded virtual events, primary source document repositories, and infographics.

And that was the week that was.