Lawfare

Actors linked to Iran, Russia, China, and other states are using AI to write and translate propaganda, create personas, mimic target audiences, and produce content at scale. Renee DiResta investigates whether AI-generated influence operations are actually changing public opinion. https://www.lawfaremedia.org/article/production--persuasion--and-power--how-generative-and-agentic-ai-are-transforming-influence-operations

"[R]eaders will be rewarded with a multitude of windows into Nazi society, each opening but briefly and allowing only glimpses, yet enough to show the degree to which standard morals had been eroded." Kim Christian Priemel reviews “The Accused” by Jessica Trisko Darden. https://www.lawfaremedia.org/article/nazi-women-in-court

On Sept. 17, the UN Fact-Finding Commission published its report determining that the United States has committed war crimes in the U.S.-Iran War. Gabor Rona analyzes the law relevant to the report’s conclusions. https://www.lawfaremedia.org/article/parsing-the-un-fact-finding-mission-s-report-on-u.s.-strikes-in-iran

On Lawfare Daily, Daniel Byman was joined by Gregory Johnsen to discuss the latest developments in the war in Yemen, the reasons for the Houthis' successes so far, the dilemmas facing Saudi Arabia, and why the situation has gone from bad to worse. https://www.lawfaremedia.org/article/lawfare-daily--the-houthi-war-against-saudi-arabia

At 2pm ET, watch Benjamin Wittes, Anna Bower, Roger Parloff, and Molly Roberts break down what happened at the D.C. Circuit oral argument over Judge Boasberg's contempt inquiry into the Trump administration. https://youtube.com/live/OXziyHGpi0g

"The U.S. sanctions function as the equivalent of a comprehensive and merciless military siege." Joy Gordon examines how the sanctions imposed on Cuba since January have contributed to the current economic and humanitarian crisis. https://www.lawfaremedia.org/article/siege-warfare-by-other-means--the-u.s.-economic-measures-against-cuba

"What does it mean to understand the law if a machine can reason across more of it than any lawyer could possibly hold in mind?" Scott Shapiro introduces his ‘Posting Through the Singularity’ series which will explore what happens where AI and law meet. https://www.lawfaremedia.org/article/introducing--posting-through-the-singularity

"It may not be the rogue AI agent that causes our end but, rather, the computer on the shoulder of the extremist who was validated, encouraged, and guided by his AI companion without any guardrails," writes Sam Hunter and Seamus Hughes. https://www.lawfaremedia.org/article/the-ai-threat-we-re-not-talking-about

In late August, the Department of Defense released its annual report on civilian harm from U.S. military operations in 2025. Madison Hunke, Megan Karlshoej-Pedersen, and Anna Zahn break down the report, which demonstrates concerning gaps in the U.S. military’s ability to prevent civilian casualties. https://www.lawfaremedia.org/article/2025-civilian-casualties-report-reveals-u.s.-civilian-protection-gaps

Using the Cuban missile crisis as a case study, Mykhailo Soldatenko explores what Article 2(4) of the United Nations Charter can, and more crucially cannot, do in constraining state conduct on its own. https://www.lawfaremedia.org/article/international-law-in-the-cuban-missile-crisis

On Lawfare Daily, Emily Benson joined Peter Harrell to discuss what economic security actually is, how we should think about it, and how the U.S. and China are wielding economic security tools against each other. https://youtu.be/ClC_gJaVaIs

President Trump recently attempted to ban several categories of Canadian imports. Ilya Somin explains that import restrictions are a congressional power under the Constitution, not an executive one, and will run into the same legal constraints as tariffs. https://www.lawfaremedia.org/article/the-president-doesn-t-have-unlimited-power-to-impose-import-bans

On Lawfare Daily, Natalie Orpett spoke to Rachel VanLandingham about the many ways in which the Trump administration has been remaking the Defense Department and what impact it’s all having on the Department and the troops themselves. https://www.lawfaremedia.org/article/lawfare-daily--the-remaking-of-the-department-of-defense

As Congress debates who should control frontier AI governance, Mailyn Fidler and Matt Kristoffersen warn that cybersecuritization may oversimplify the AI regulation debate and remove the issue from ordinary democratic deliberation into the realm of the expert and the emergent. https://www.lawfaremedia.org/article/a-warning-for-frontier-ai-model-governance

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's War in Gaza," 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

James Goodwin and Wendy Wagner explain how Suncor v. Boulder County—a case over whether federal law preempts local and state-law tort claims brought against fossil fuel companies—illustrates how powerful corporate entities benefit from an imperial presidency. https://www.lawfaremedia.org/article/the-next-anti-democratic-threat-from-the-supreme-court

Watch the premiere of "Deportation, Inc. Chapter 2: Removal" now! This episode dives into the business of migrant removal and follows migrants as they are shuffled through a vast network of flights and facility transfers. https://youtu.be/OmUjt0ezisY?si=LCrtdp3n_HG0CKAm

On Tuesday, tune into Lawfare's YouTube channel to watch the second installment of Lawfare's “Deportation, Inc.: The Rise of the Immigration Enforcement Economy," series, produced with SITU Research and The Intercept.

A publishing house in Munich is running scams, according to Google's AI overview. The issue with the allegation: none of it was in any of the sources linked. A court in Germany has now ordered Google to answer for these apparent falsehoods. Ignacio Cofone breaks down the case. https://www.lawfaremedia.org/article/ai-overviews-and-the-limits-of-the-search-safe-harbor

Today's Lawfare Daily is the Sept. 25 livestream where Anna Bower, Eric Columbus, Molly Roberts, and Roger Parloff discussed the D.C. Circuit rejecting Anthropic’s challenge to its supply chain designation, DHS requesting the Supreme Court allow third country removals, and more. https://youtube.com/live/2CZtSoAuYuE

It's the “Techs Appeal” Edition! On this week's Rational Security, Scott Anderson, Anna Bower, Tyler McBrien, and Michael Feinberg talked through the week's national security news, including the Supreme Court clearing the way for the Trump administration to deport migrants to third countries President Trump's attacks on the press, and more. https://youtu.be/0KfGYHa2Wh0

On Lawfare Daily, as a part of the Security Economic series, Peter Harrell sat down with Martin Chorzempa to discuss President Trump's summit with Chinese Leader Xi Jinping and the countries' differing perspectives on—and approaches to—artificial intelligence. https://youtu.be/mQcxLwTC_TU

Reed Shaw explains how new leadership at the CFTC, appointed after the Trump administration eliminated its independence, is disarming the agency and potentially preventing future meaningful oversight of prediction markets like Kalshi and Polymarket. https://www.lawfaremedia.org/article/the-cftc-is-tying-its-own-hands-on-prediction-markets

"The book’s value lies primarily in providing a broad analytical architecture through which readers can connect operational activity, institutions, and strategic competition." Eugenio Benincasa reviews "Full Stack Spies" by Ahana Datta Fasel. https://www.lawfaremedia.org/article/the-full-stack-of-u.s.-china-cyber-competition

This Thursday, join SITU Research, Lawfare, The Intercept for an in-person screening + panel discussion of "Deportation Inc.: Investigating the Business of Migrant Removal." The discussion will feature Tyler McBrien, Nick Turse, Aaron Reichlin-Melnick, and Setareh Ghandehari. https://givebutter.com/deportation-inc-dc

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

Tomorrow at 2pm ET, Benjamin Wittes, Anna Bower, Roger Parloff, and Molly Roberts will discuss the en banc DC Circuit oral argument over whether Judge Boasberg can investigate into whether top DOJ & DHS officials committed criminal contempt when they sent 137 Venezuelans to CECOT. https://youtube.com/live/OXziyHGpi0g?feature=share

Joseph Khawam identifies where the U.S. government can deploy existing export control authorities against AI models to materially reduce AI risk, the obstacles in using them against open-weight models, and where they should not be applied. https://www.lawfaremedia.org/article/how-export-controls-can-and-cannot-reduce-the-risks-of-open-weight-models

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's "Ask Lawfare Anything." Become a supporter today to join: https://lawfare.substack.com/p/ask-lawfare-anything-october-2026

This week's Seriously Risky Business looks at OpenAI agents "infiltrating" an Australian government website, the hack of the FBI, Ukraine getting access to AI cyber defense, and more. Read the newsletter, from Tom Uren. https://www.lawfaremedia.org/article/rogue--ai-isn't-going-anywhere

After attending a citizens' 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

On Lawfare Daily, Lee Gelernt, the chief ACLU litigator on Alien Enemies Act cases, spoke to Roger Parloff about two upcoming D.C. Circuit arguments he’ll be making relating to the March 15, 2025, removals of 137 Venezuelans under the Alien Enemies Act. https://www.lawfaremedia.org/article/lawfare-daily--two-appeals-concerning-alien-enemies-act-removals-in-apparent-defiance-of-a-court-order

On Wednesday, September 30, the next Lawfare & Libations will be held in San Francisco, CA with Kevin Frazier. The event is available to current, and future, material supporters! Registration is free, but required: https://givebutter.com/lawfare-libations-san-francisco

Today at 4pm ET, Molly Roberts, Anna Bower, Roger Parloff, and Eric Columbus will discuss the D.C. Circuit's decision upholding the Pentagon designation of Anthropic as a supply chain risk, the Supreme Court allowing Trump's voter verification system to proceed, and more. https://www.youtube.com/live/2CZtSoAuYuE?si=rKrMGJsKEs_k7sgq

This week's Seriously Risky Business looks at whether AI labs should be given liability exemptions, the difference in how Russian and Chinese cyberespionage actors are using AI, and more. Read the newsletter, by Tom Uren. https://www.lawfaremedia.org/article/bring-on-the-ai-lawsuits

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

It's the "Right Kind of American for Rational Security" edition! On this week's Rational Security, Scott Anderson, Natalie Orpett and Julia Curlee talked through the week’s big news in national security, including Chinese President Xi Jinping's state visit in Washington, the U.S./Denmark/Greenland agreement, and more. https://youtu.be/mBYbhbUqOVk

On Lawfare Daily, Kevin Frazier is joined Alex Bores, Nat Purser, and Mackenzie Arnold to discuss recent developments in the AI risk environment, what led us here, and what comes next for domestic and AI foreign policy. https://youtu.be/hE7460whAKU

Today's Lawfare Daily is the Oct. 3 livestream where Natalie Orpett, Scott R. Anderson, Molly Roberts, Anna Bower, Roger Parloff, and Eric Columbus discussed the latest developments in litigation surrounding the Trump administration. https://youtube.com/live/6nEDz2ByKco

This week, the FBI disclosed it's investigating the hacking group ShinyHunters' claim that it stole thousands of FBI employees’ personal information. Justin Sherman explains why the breach, if it is real, is a counterintelligence nightmare and how the U.S. government should respond. https://www.lawfaremedia.org/article/the-fbi-data-breach-is-a-counterintelligence-disaster

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

On Lawfare Daily, Natalie Orpett is joined by Ariane Tabatabai and Julia Curlee to talk about the war in Iran, where it stand today, and how the gutting of the national security apparatus in Washington affected the way the war is being waged. https://youtu.be/ugs_spb2gvc

Some of the most consequential risks from frontier AI may emerge before a model ever reaches the public. Keshav Narayan examines how an existing financial-regulatory platform could provide a secure channel for states to share confidential frontier AI safety reports. https://www.lawfaremedia.org/article/new-york-could-share-frontier-ai-safety-reports-nationwide-without-new-legislation

"The text, legislative history, and subsequent amendment of the Troops at Polls statute indicate a deliberate congressional effort to constrain the military's use in election contexts, even in situations when the Insurrection Act might otherwise apply," writes Loren Voss and Natalie Orpett. https://www.lawfaremedia.org/article/the-insurrection-act-is-no-exception-to-the-troops-at-polls-ban

The second episode of "Deportation, Inc: The Rise of the Immigration Enforcement Economy" will be released tomorrow at 11am ET. This chapter focuses on the business of migrant removal, follows migrants as they are shuffled through a vast network of flights and facility transfers. https://youtu.be/8jFMcxsRFoo

At 4 p.m. ET, Natalie Orpett will sit down with Scott Anderson, Molly Roberts, Anna Bower, Roger Parloff, and Eric Columbus to discuss a lawsuit challenging the Iran War, updates on litigation over the cancellation of foreign aid funds, and more. https://youtube.com/live/6nEDz2ByKco

On Lawfare Daily, Daniel Byman talked to Peter Bergen, author of “All the Presidents' 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

As the risks of AI grow, Cristian Trout, Rune Kvist, and Rajiv Dattani argue that a frontier AI mutual insurer could develop & enforce shared safety commitments and give members a direct stake in each other's safety practices, actively reducing risk. https://www.lawfaremedia.org/article/bootstrapping-frontier-ai-governance-by-mutualizing-risk

The midterms are weeks away, and the legal fights over voting rules, certification, and election security are already heating up. Lawfare is covering it with expert, nonpartisan analysis. Become a paid supporter today. https://www.lawfaremedia.org/about/support

The systemic vulnerabilities of U.S. networks revealed by the Iranian-backed cyber operations are compounded by the rising threat from China. The Trump administration needs a strategy to make critical infrastructure more resilient, write Adam Segal and Matt Ferren. https://www.lawfaremedia.org/article/changing-china-s-cyber-calculus