Stewart Baker

We open today’s episode with early news of the Supreme Court’s decision to review whether section 230 protects platforms from liability for materially assisting terror groups whose speech they distribute (or even recommend). I predict that this is the beginning of the end of the house of cards that aggressive lawyering and good press have […]

This episode features a much deeper, and more diverse, examination of the Fifth Circuit decision upholding Texas’s social media law than we did last week. We devote the last half of this episode to a structured dialogue  between Adam Candeub and Alan Rozenshtein about the decision. Both have written about it, Alan critically and Adam […]

The big news of the week was a Fifth Circuit decision upholding Texas’s law regulating social media speech suppression. The decision was poorly received by the usual supporters of social media censorship but I found it both remarkably well written and surprisingly persuasive. That does not mean it will survive the almost inevitable Supreme Court […]

The NY Post today makes a troubling claim, attributed to FBI whistleblowers — that without probable cause Facebook has given the FBI the posts of conservatives upset about the 2020 election, triggering numerous investigations. The Post article offers some compelling details. My favorite is the agents’ complaint that the project produced a very large volume […]

Gus Hurwitz brings us up to speed on major tech bills in Congress. They are all dead. But some of them don’t know it yet. The big privacy bill, American Data Privacy and Protection Act, was killed by the left, but I argue that it’s the right that should be celebrating, since the bill would […]

I explore the remarkable number of failures in cryptocurrency security for Lawfare. I argue that security really is worse for cryptocurrency, because the decentralization that proponents treasure makes it hard to safely disclose and fix security holes: Software security flaws … are ubiquitous in digital products. Like writers who can’t see their own typos, most […]

This is our return-from-hiatus episode. Jordan Schneider kicks things off by covering the passage of a major U.S. semiconductor-building subsidy bill, while new contributor Brian Fleming talks with Nick Weaver about new foreign investment restrictions on chip (and maybe other) technology companies, as well as new export controls on (artificial Intelligence (AI) chips going to […]