Good Afternoon:
Yesterday on #DogShirtTV, I died and was replaced as the host by a ghostly specter, which took on my image for unknown but probably nefarious purposes. Also, we got an update on the blueberry soup ice cream saga.
After yesterday’s show, I went for a short hike with the estimable
, where we saw the above Maroon Bells peaks and met the below #BeastOfTheDay.Then I flew home.
#YourMusicOfTheDay: Operation Brahms
And so it is that we have arrived at the first string trio, Op. 8, Brahms’s first published piece of chamber music and, in my humble opinion, his first true masterpiece. I have known this piece well since I was a teenager, and spent a lot of time with it over the years. I think it is the earliest of his pieces that really shows his true range. For one thing, it’s not a piece for solo piano. It shows for the first time what a sublime ensemble composer he would turn out to be. His greatest body of work, in my view, is his chamber music, and you can see the richness in that body of work from this earliest trio.
Here’s the recording I grew up with, which never gets old:
And here’s a more recent recording for those who want video of a live performance:
Yesterday On Lawfare
Compiled by the estimable Isabel Arroyo.
Microsoft’s Crackdown on Unit 8200 Reveals Tech’s Intermediary Role
Yotam Berger analyzes Microsoft’s decision to block Israeli intelligence from using cloud services to mass-surveil Palestinians, arguing that the move exemplifies tech companies’ emerging—and powerful—role as “surveillance intermediaries.”
A situation in which a private company can unilaterally terminate a contract with a security agency—with or without notice, and after having stored sensitive data—inevitably has implications beyond a single case. If private firms begin taking such actions more frequently, the effect will not be limited to Israel’s reliance on the private sector for defense contracts. Other nations, too, will be forced to act more cautiously when cooperating with private actors. This raises questions regarding the potential role of the jurisdictions in which these firms operate or are incorporated. U.S. lawmakers, for instance, could consider whether the federal government should have a voice in how such decisions are made, and whether state-based regulatory mechanisms could oversee the way tech giants exercise this discretion. American governmental involvement in this regard may be required but may also lead to hasty limitations on private entities. When approaching this field, lawmakers should be well aware of the benefits as well as the dangers of having a third-party, de facto regulator of surveillance programs.
Analyzing New International Data Transfer Obligations for U.S. Entities
Ali Jessani and Sam Kane compare the international data transfer obligations imposed by Congress in 2024 with the more rigorous requirements of a recent Justice Department rule, examining how the two regulatory schemes target data brokerage and how each is expected to be enforced.
Though the DSP and PADFAA regulate similar types of conduct, the specifics of their respective frameworks are distinct. Understanding those distinctions is critical for companies looking to grasp their overlapping compliance obligations under these regimes, particularly with the Department of Justice’s enforcement grace period regarding the DSP having concluded in early July. In this article, we examine several key respects in which the DSP and PADFAA differ, including their coverage of different types of data and entities, applicability to service providers, treatment of “onward transfers,” definitions of data brokerage, treatment of customer consent, and enforcement provisions. The key takeaway that companies should bear in mind is that the DSP, as a general matter, is likely to present a more substantial compliance challenge than PADFAA. Specifically, the DSP applies to a wider range of entities, covers a broader range of data brokerage activity (including onward transfers), does not include key exemptions found in PADFAA and other data privacy legal frameworks (such as exemptions for service providers and customer consent), and features a more punitive penalty scheme.
Podcasts
On Lawfare Daily, Natalie Orpett sits down with Philip Pro and Jeremy Fogel to discuss how courts are handling an influx of legal challenges to Trump administration policies, instances of violence against judges, strong intra-branch tensions, and concerns about judicial independence.
On Rational Security, Tyler McBrien, Daniel Byman, and Loren Voss join Scott R. Anderson to discuss potential domestic military deployments to Portland and Chicago, the Trump administration’s shuttle diplomacy for a Gaza peace deal, and the odds of U.S.-backed regime change in Venezuela.
Videos
On Lawfare Live, Orpett, Anna Bower, and Roger Parloff discuss the arraignment of former FBI Director James Comey, who pleaded not guilty on federal charges of lying to Congress and obstructing a congressional investigation.
Today’s #BeastOfTheDay, nominated by the estimable
, is this fox, which she and I met in the woods outside of Aspen, Colorado yesterday morning:
The fox is not stressing about the death of democracy. The fox is hanging out. The fox is smiling. The fox is having a great time. Don’t you wish you were the fox?
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