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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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    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

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    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

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    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

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    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

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    Today&#39;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

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    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

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    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

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    On Lawfare Daily, as a part of the Security Economic series, Peter Harrell sat down with Martin Chorzempa to discuss President Trump&#39;s summit with Chinese Leader Xi Jinping and the countries&#39; differing perspectives on—and approaches to—artificial intelligence. https://youtu.be/mQcxLwTC_TU

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    &quot;[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.&quot; Kim Christian Priemel reviews “The Accused” by Jessica Trisko Darden. https://www.lawfaremedia.org/article/nazi-women-in-court

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    This week&#39;s Seriously Risky Business looks at OpenAI agents &quot;infiltrating&quot; 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&#39;t-going-anywhere

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    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

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    It&#39;s the “Techs Appeal” Edition! On this week&#39;s Rational Security, Scott Anderson, Anna Bower, Tyler McBrien, and Michael Feinberg talked through the week&#39;s national security news, including the Supreme Court clearing the way for the Trump administration to deport migrants to third countries President Trump&#39;s attacks on the press, and more. https://youtu.be/0KfGYHa2Wh0

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    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

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    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

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    &quot;The text, legislative history, and subsequent amendment of the Troops at Polls statute indicate a deliberate congressional effort to constrain the military&#39;s use in election contexts, even in situations when the Insurrection Act might otherwise apply,&quot; writes Loren Voss and Natalie Orpett. https://www.lawfaremedia.org/article/the-insurrection-act-is-no-exception-to-the-troops-at-polls-ban