The Lawfare Podcast

From July 17, 2023: The only thing more impressive than the performance of generative AI systems like GPT-4 and Stable Diffusion is the sheer volume of training data that went into these systems. GPT was reportedly trained on, essentially, the entire Internet, while Stable Diffusion and other image-generation models rely on hundred of millions if not billions of existing pieces of artwork. Of course, much of this content is copyrighted, and the authors and artists whose work is being used to train these models and, potentially, threaten their own livelihoods are paying attention. A number of high-profile lawsuits are making their way through the courts, and the outcome of these cases could hugely shape, and potentially even stop, progress in machine learning.
To explore these issues, Alan Rozenshtein, Associate Professor of Law at the University of Minnesota and Senior Editor at Lawfare, spoke with Pam Samuelson, the Richard M. Sherman Distinguished Professor of Law at the University of California at Berkeley and one of the pioneers in the study of digital copyright law. She's just published a new piece in the journal Science titled "Generative AI meets copyright,” in which she analyzes the current litigation around generative AI and where it might lead.
To receive ad-free podcasts, become a Lawfare Material Supporter at www.patreon.com/lawfare. You can also support Lawfare by making a one-time donation at https://givebutter.com/lawfare-institute.
Support this show http://supporter.acast.com/lawfare.
Hosted on Acast. See acast.com/privacy for more information.

From January 9, 2025: Jack Goldsmith sits down with Orin Kerr, a Professor at Stanford Law School, to discuss his new book, “The Digital Fourth Amendment: Privacy and Policing in Our Online World.” They talk about how Kerr became interested in these issues, the history and physicality assumptions of the Fourth Amendment, and how and why the digital world is different. They also discuss how the courts are interpreting the Fourth Amendment in a digital age, as well as Kerr’s Equilibrium-Adjustment Theory, the core theory of the book.
To receive ad-free podcasts, become a Lawfare Material Supporter at www.patreon.com/lawfare. You can also support Lawfare by making a one-time donation at https://givebutter.com/lawfare-institute.
Support this show http://supporter.acast.com/lawfare.
Hosted on Acast. See acast.com/privacy for more information.

On May 7, Lawfare Senior Editor Kate Klonick sat down for a live discussion on Substack with Steve Vladeck, a professor of law at the Georgetown University Law Center, to discuss the impact of the New York Times’ “shadow papers” story, the continued omnipresence of the shadow docket, and the courts v. Court in this administration.
To receive ad-free podcasts, become a Lawfare Material Supporter at www.patreon.com/lawfare. You can also support Lawfare by making a one-time donation at https://givebutter.com/lawfare-institute.
Support this show http://supporter.acast.com/lawfare.
Hosted on Acast. See acast.com/privacy for more information.

This week, Scott sat down with his Lawfare colleagues Molly Roberts, Roger Parloff, and Tyler McBrien to talk through the week’s big national security news stories, including:
“Jim Spells Seashells By the Seashore.” Former FBI Director James Comey was indicted again this past week, this time for allegedly threatening the life of the president by spelling “8647” in shells at the beach and posting an image on social media. It is a ludicrous argument. So what does it tell us that Acting Attorney General Todd Blanche was willing to file it? And where does Trump’s broader vengeance campaign seem likely to go from here, under whoever becomes the next Attorney General?
“We Were on a Break!” The Iran War turned 60 days old last week—the deadline by which, under the War Powers Resolution, the president is supposed to wrap up any congressionally unauthorized military operations. But like many of its predecessors, the Trump administration has done no such thing. Instead, it’s argued that the 60-day cut-off was already met by the ongoing ceasefire—even though the Trump administration has continued its embargo of Iranian oil resources and began a new major maritime campaign to open the Strait of Hormuz, triggering exchanges of fire with Iranian forces. What should we make of these arguments? And do they suggest the War Powers Resolution is a dead letter?
“Strictly Ballroom.” The Trump administration is actively working to capitalize on the recent assassination attempt on Trump to push a federal court to allow its construction of an East Wing ballroom on national security grounds. At the same time, it’s faced new judicial headwinds in its quixotic effort to take over a municipal golf course—the same location where it dumped the (potentially toxic) rubble of the demolished old East Wing. What do these cases tell us about Trump’s efforts to reshape our nation’s capital? And how legitimate are the new efforts to tie these cases to national security?
In object lessons, Roger is revisiting Azar Nafisi’s “Reading Lolita in Tehran,” a tough, yet beautiful read with unfortunate persistent relevance. Molly is memorializing the current metro landscape with her desk globe of Washington, D.C. Scott is sharing his remembrance of Stewart Baker, forever a friend of Lawfare. And Tyler is taking us back to 1971 Boston and Catholic resistance to the Vietnam War with the Divine Intervention podcast.
To receive ad-free podcasts, become a Lawfare Material Supporter at www.patreon.com/lawfare. You can also support Lawfare by making a one-time donation at https://givebutter.com/lawfare-institute.
Support this show http://supporter.acast.com/lawfare.
Hosted on Acast. See acast.com/privacy for more information.

On today’s podcast, Lawfare Associate Editor for Communications Anna Hickey talks to Nicholas Enrich, former acting assistant administrator of Global Health at USAID, about his book, “Into the Wood Chipper: A Whistleblower's Account of How the Trump Administration Shredded USAID.” Enrich details the agency's dismantling during the early months of the Trump administration and whether those doing the dismantling understood the consequences of their actions. He also discusses the impact on global health programs, the role of political appointees and DOGE, and the consequences for international aid and U.S. global health security.
To receive ad-free podcasts, become a Lawfare Material Supporter at www.patreon.com/lawfare. You can also support Lawfare by making a one-time donation at https://givebutter.com/lawfare-institute.
Support this show http://supporter.acast.com/lawfare.
Hosted on Acast. See acast.com/privacy for more information.