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Lawfare

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<p>Straight-shooting information and analysis at the intersection of national security, law, and policy.</p>

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    At 4pm ET, Benjamin Wittes, Molly Roberts, AnnaBower, Roger Parloff, Loren Voss, and Eric Columbus will discuss discuss the D.C. Circuit argument in challenge to the National Guard’s deployment in D.C.; hearings and orders in multiple cases related to Donald Trump’s latest ads; the temporary restraining order in the administration’s ongoing work at the East Potomac Golf course; and more. https://youtube.com/live/o5kEiWMza_Y

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    This week’s Seriously Risky Business: Russia’s data-center strikes boomerang, the case for ditching AI cyber safeguards, DOJ raids North Korean laptop farms, spy chips in Ledger wallets, and ShinyHunters arrests. From Tom Uren: https://www.lawfaremedia.org/article/russia&#39;s-digital-detox-boomerang

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    Up to 99% of global internet traffic runs through undersea cables, and shadow fleet ships know exactly where international law stops protecting them. David Opderbeck reviews Elisabeth Braw’s “Undersea War.” https://www.lawfaremedia.org/article/gaps-in-the-deep--how-the-law-of-the-sea-fails-the-undersea-kingdom

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    When Washington takes stakes in private companies and stockpiles critical materials for national security, what legal guardrails apply? Kristen Eichensehr and Ashley Deeks discuss with Peter Harrell on Lawfare Daily. https://www.youtube.com/watch?v=LWHqKqPprFw

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    Scott R. Anderson analyzes the Trump administration’s decision to waive sanctions on Russian diesel imports, how it sidesteps Congress, and why the waiver may not mean much for lowering oil prices. https://www.lawfaremedia.org/article/dissecting-trump-s-deal-for-russian-diesel

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    President Trump has lifted U.S. sanctions on Russian diesel fuel. Is it legal, what will it actually do, and what does it say about the administration’s shifting posture on Russia and Ukraine ahead of the midterms? On Lawfare Daily, Scott R. Anderson talks with Rachel Alpert and Peter Harrell. 🎧 https://www.youtube.com/watch?v=OrIjr5DOl14

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    “Assuming that petition is granted, the D.C. Circuit, in interpreting FASCSA’s definition of ‘supply chain risk,’ should acknowledge and heed the specific harms Congress sought to address. If the court does so, it will likely reverse the previous decision,” writes Kevin Frazier. https://www.lawfaremedia.org/article/why-anthropic-is-asking-for-a-rehearing-en-banc

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    What can the U.S. do to counter China’s chokehold on the rare earth industry? Kirsten Asdal, Tom Koch, and Tao Tan propose a financing plan to rebuild America’s rare earth supply chain at a time when China has near complete control. https://www.lawfaremedia.org/article/america-didn-t-lose-its-rare-earth-industry.-it-sold-it

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    Ukrainian strikes on Yandex data centers didn’t wipe out Russia’s propaganda bots, despite the viral claim. Renée DiResta explains that the dramatic Cloudflare chart measured web crawlers, not troll accounts, and that early data shows no drop in the conversations people said had gone quiet. https://www.lawfaremedia.org/article/the-russian-bots-went-silent.-or-did-they

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    On Lawfare Daily, Michael Feinberg sits down with Ben Macintyre to discuss, “Redwood: The Untold Story of the Cold War&#39;s Most Extraordinary Spy,” which details a little known intelligence coup from the Cold War that changed the strategies of great powers in the Middle East. https://www.youtube.com/watch?v=07Y2gPjVHEE

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    A Brazilian regional court found a defendant had joined Hezbollah and prepared for an attack, then acquitted him of preparatory acts because money was his primary motive. The Superior Court of Justice reversed. Lucas Gualtieri explains: https://www.lawfaremedia.org/article/the-mercenary-exception-that-never-existed

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    Which AI models does the administration’s framework cover? Who decides on “trusted partners”? Can developers share models with allied governments? Adam Conner on the unanswered questions about a de facto AI licensing system: https://www.lawfaremedia.org/article/the-many-open-questions-about-the-trump-administration-s-new-de-facto-ai-model-licensing-system

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    Today&#39;s Lawfare Daily is the Oct. 9 livestream where Anna Bower, Eric Columbus, Roger Parloff, Molly Roberts, and Benjamin Wittes discussed the latest developments in litigation surrounding the Trump administration. https://www.youtube.com/watch?v=Wlo4mIpZCqw

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    Today&#39;s Lawfare Daily is the Oct. 9 livestream where Anna Bower, Eric Columbus, Roger Parloff, Molly Roberts, and Benjamin Wittes discussed the latest developments in litigation surrounding the Trump administration. https://www.youtube.com/watch?v=Wlo4mIpZCqw

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    During the United States and Iran war, CENTCOM received reports of an adversary using commercial location data to track and target U.S. forces in the Middle East. Justin Sherman explains what the U.S. needs to do to better protect their personnel and missions in future conflicts. https://www.lawfaremedia.org/article/iran-war-shows-adversaries-can-exploit-big-data--too

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    The Yemeni insurgent group is more than just an Iranian proxy. Nadwa Al-Dawsari explains how the group threatens the Middle East and what the United States should do. https://www.lawfaremedia.org/article/what-washington-got-wrong-about-the-houthis-and-what-it-must-do-now

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    The government argues CNN v. Trump is about national security. The president says it&#39;s about “bad stories.” For more on the competing First Amendment and national security arguments at play, what happened in the latest hearing, and more, read a dispatch from Molly Roberts here: https://www.lawfaremedia.org/article/dispatch--in--fake-news--ban-hearing--trump-is-his-own-doj-s-worst-enemy

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    &quot;If the ultimate goal is to keep the military from posing a threat to democracy...military professionalism alone cannot sustain healthy civil-military relations. A corresponding civilian professionalism is necessary as well,&quot; Loren Voss writes in a review of Kori Schake&#39;s new book. Read Loren Voss&#39;s review of “The State and the Soldier: A History of Civil-Military Relations in the United States” (Polity, 2025) by Kori Schake here: https://www.lawfaremedia.org/article/why-the-u...

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    On Lawfare Daily, Scott Anderson sat down with Dr. Omar Mohammed, Amb. Doug Silliman, and Victoria Taylor to discuss the recent withdrawal of U.S. military forces from Iraq, whether the current Iraqi government is up to preventing a resurgence of ISIS, and what it all might mean for the future of the two countries, 23 years after the U.S.-led invasion and occupation. https://youtu.be/ZFcdSmiuy0Q

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    Are the Cyber Corps, a small band of hacktivists conducting cyber operations against Russia, connected to the Ukrainian military intelligence service (GUR)? Stefan Soesanto examines new clues that shed light on the Cyber Corps’ ties to the GUR. https://www.lawfaremedia.org/article/the-cyber-corps--ukraine-s-least-understood-cyber-actor

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    It&#39;s “Too Much Molly” Edition! On this week&#39;s Rational Security, Scott Anderson, Benjamin Wittes, Molly Roberts, and Molly Reynolds talked through the week&#39;s national security news, including the White House&#39;s &quot;pocket rescission&quot; of $810 million of federal funding, the administration&#39;s campaign to reshape U.S. elections, and more. https://youtu.be/wAP4vWulO5s

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    On Sept. 1, the Justice Department filed a brief supporting American AI companies’ right to train models on copyrighted text, but seems to criticize Chinese companies for similar conduct, a puzzle Lisa Klaassen calls the “distillation paradox.” https://www.lawfaremedia.org/article/the-ai-model-distillation-paradox

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    On Lawfare Daily, Julia Curlee talked with Shawn Howard and Ariane Tabatabai about how the Gulf states are coping with a war they didn’t start, why U.S. protection has made the Gulf states targets, and what a post-midterm return to U.S. bombing would mean for the region. https://www.lawfaremedia.org/article/lawfare-daily--gulf-countries-hedging-amid-iran-war-debacle

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    Ceren Fitoz, a member of Berkeley’s Human Rights Center that analyzed data from the Mexican military on its use of spyware and surveillance technology released by hackers, explains the challenges they faced and the lessons other investigators confronting similar problems could learn. https://www.lawfaremedia.org/article/a-case-study-in-pivoting--investigating-hacked-and-leaked-data-on-a-budget

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    After attending a citizens&#39; assembly in Utah on AI regulation in the state, Kevin Frazier interviewed Audrey Tang about whether these gatherings (and other related deliberative democracy mechanisms) could work for gathering input on AI governance, or have unintended consequences. https://www.lawfaremedia.org/article/citizens--assemblies-in-ai-governance--an-interview-with-audrey-tang

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    On Lawfare Daily, Tyler McBrien spoke to Akbar Shahid Ahmed about his new book new book “Crossing the Red Line: Biden, His Advisors, and Israel&#39;s War in Gaza,&quot; the top officials in the administration who drove Biden’s Gaza policy, and how the war quickly became a moral and strategic disaster. https://youtu.be/DXl-8uxAVik

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    A common objection to American pauses in AI research to ensure that humans remain reliably in control of these systems is concern about China overtaking the U.S. A deal with China will need to leverage the threat of throttling to encourage mutual pacing, writes Simon Goldstein and Peter N. Salib. https://www.lawfaremedia.org/article/how-to-make-an-ai-deal-with-china--trade-throttling-for-pacing

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    Questions are swirling about how the midterm elections on Nov. 3, 2026 will unfold. Lawfare paid supporters can ask Lawfare editors about the midterms, and anything else on their minds, during this month&#39;s &quot;Ask Lawfare Anything.&quot; Become a supporter today to join: https://lawfare.substack.com/p/ask-lawfare-anything-october-2026

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    The leading automated license plate reader manufacturer, Flock, does not just read license plates anymore, but deploys an AI-driven system that police can use to track people. Matthew Cavedon and Laura Bondank Harmon explain what safeguards should be enacted and the obstacles to enforcing them. https://www.lawfaremedia.org/article/the-law-can-t-keep-up-with-flock-s-ai-surveillance

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    On Lawfare Daily, Daniel Byman talked to Peter Bergen, author of “All the Presidents&#39; Wars,” about counterterrorism in the 25 years after 9/11, reviewing the many mistakes the U.S. and al-Qaeda made, as well as some of the surprising successes. https://www.lawfaremedia.org/article/lawfare-daily--a-progress-report-on-the-war-on-terrorism-with-peter-bergen