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It Wasn't Me! It Was Led By Donkeys!

I swear

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Benjamin Wittes
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EJ Wittes
Sep 17, 2025
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Good Afternoon:

No, it wasn’t me. I wish it had been. It’s a thing of beauty. It was done by these guys, who were also responsible for one of my favorite ever guerilla protests:

And yeah, they’re fabulous. You should support them.


Yesterday on #DogShirtTV, I let the estimable

Holly Berkley Fletcher
, the estimable
Alicia Wanless
, and the estimable Mike Feinberg do all the work. I don’t pay them or anything, you know. I just demand they show up.


Yesterday On Lawfare

Compiled by the estimable Isabel Arroyo.

Wired for Failure: The Undersea Cable Emergency That Could Sink America’s AI Aspirations

Kevin Frazier argues that the president should prioritize fortifying and expanding the system of undersea cables responsible for internet access, which is a prerequisite for artificial intelligence (AI) development. Frazier highlights ongoing threats to cable resilience and proposes strategies for turning cable development into a national security priority.

Nearly 100 percent of intercontinental internet traffic travels through narrow undersea cables. Diverting that traffic to space isn’t a viable alternative since information flows five times faster via cables than satellites. Put simply, the cables are the internet plumbing the world has come to rely on. Whether those pipes endure for the next decades and beyond is an open question as they deteriorate due to strong currents, sea creatures, and normal wear and tear and continue to be the targets of bad actors. The president and Congress need to take immediate action if they want to avoid their AI dominance aspirations being thwarted due to an overlooked critical infrastructure.

What’s Next for the Cyber Safety Review Board?

Jeff Greene evaluates the successes and shortcomings of the Cyber Safety Review Board (CSRB), a federal advisory body created under the Biden administration to review major cyber incidents and provide security recommendations. He argues that the Trump administration—which has fired all members of the CSRB but not revoked the executive order creating it—should revive the advisory body, clarify the scope of its mandate, improve its operational flexibility, and affirm its independence from other federal agencies.

Major cyber incidents are not going to disappear anytime soon. The CSRB has already proved its worth, and the nation will need the board’s work even more in the years to come. While cyber risk is not a problem we can solve, it is one we can manage. A reconstituted and reenergized CSRB can play an essential role in the U.S.’s ability to combat cyber threats.

Podcasts

On Lawfare Daily, Roger Parloff sits down with Lee Gelernt to discuss the cases Gelernt has led against the validity of President Trump’s Alien Enemies Act Proclamation, the American Civil Liberties Union’s (ACLU) recent victory in the U.S. Court of Appeals for the Fifth Circuit, and the status of the ACLU’s original case in Washington, D.C.

On Scaling Laws, Alan Rozenshtein and Pam Samuelson discuss the tumultuous legal landscape at the intersection of generative AI and copyright law, recent rulings in Bartz v. Anthropic and Kadrey v. Meta, whether training AI models on copyrighted data constitutes transformative fair use, and potential AI-induced “market dilution” effects that harm creators.


Today’s #BeastOfTheDay is the albatross chick, seen here looking like a Muppet:

Video Source

In honor of today’s Beast, go watch your favorite Muppet Show skit. Take five minutes of your time. Enjoy yourself.


Tell Me Something Interesting

After my father’s antics on yesterday’s show, I—

EJ Wittes
—decided to go find out where the city of Bled actually got its name. Here are my findings.

Firstly—and admittedly not actually related to my subject of inquiry, but entertaining enough that I feel compelled to share it—the Wikipedia page for Bled, Slovenia has this disambiguation at the top:

Thank you for the clarification, Wikipedia.

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