The Cyberlaw Podcast: Can Editorial Middleware Cut the Power of the Big Platforms? – Lawfare
Our interview this week is with Francis Fukuyama, a fellow and teacher at Stanford and a renowned scholar and public intellectual for at least three decades. He is the coauthor of the Report of the Working Group on Platform Scale. Its insightful on the structural issues that have enhanced the power of platforms to suppress and shape public debate. It understands the temptation to address those issues through an antitrust lens as well as the reasons why antitrust will fail to address the threat that platform power poses to our democracy. As a solution, it proposes to force the platforms to divest their curatorial authority over what Americans (and the world) reads, creating a host of middleware suppliers who will curate consumers feeds in the way that consumers prefer. We explore the many objections to this approach, from first amendment purists to those, mainly on the left, who really like the idea of suppressing their opponents on the right. But it remains the one policy proposal that could attract support from left and right and also make a real difference.
In the news roundup, Dmitri Alperovich, Nick Weaver, and I have a spirited debate over the wisdom of Googles decision to expose and shut down a western intelligence agencys use of zero day exploits against terrorist targets. I argue that if a vulnerabilities equities process balancing security and intelligence is something we expect from NSA, it should also be expected of Google.
Nate Jones and Dmitri explore the slightly odd policy take on SolarWinds that seems to be coming from NSA and Cyber Command the notion that the Russians exploited NSAs domestic blind spot by using US infrastructure for their attack. That suggests that NSA wants to do more spying domestically, although no such proposal has surface. Nate, Dmitri, and I are united in thinking that the solution is a change in US law, though Dmitri thinks a know your customer rule for cloud providers is the best answer, while I think I persuaded Nate that empowering faster and more automatic warrant procedures for the FBI is doable, pretty much as we did with the burner phone problem in the 90s.
The courts, meanwhile, seem to be looking for ways to bring back a Potter Stewart style of jurisprudence for new technology and the fourth amendment: I cant define it, but I know it when it creeps me out. The first circuits lengthy oral argument on how long video surveillance of public spaces can continue without violating the fourth amendment is a classic of the genre.
Dmitri and Nick weigh in on Facebooks takedown of Chinese hackers using Facebook to target Uighurs abroad.
Dmitri thinks we can learn policy lessons from the exposure (and likely sanctioning) of the private Chinese companies that carried out the operation.
Dmitri also explains why CISAs head is complaining about the refusal of private companies to tell DHS which US government agencies were compromised in SolarWinds. The companies claimed that their NDAs with, say, Treasury meant that they couldnt tell DHS that Treasury had been pawned. Thats an all too familiar example of federal turf fights hurting federal cybersecurity.
In our ongoing feature, This Week in U.S.-China Decoupling, we cover the Disaster in Alaska evaluate the latest bipartisan bill to build a Western technology sphere to compete with Chinas sector, note the completely predictable process ousting of Chinese telecom companies from the US market, and conclude that the financial sectors effort to defy the gravity of decoupling will be a hard act to maintain.
Always late to embrace a trend, I offer Episode 1 of the Cyberlaw Podcast as a Non-Fungible Token to the first listener to cough up $150, and Nick explains why it would be cheap at a tenth the price, dashing my hopes of selling the next 354 episodes and retiring.
Nick and I have kind words for whoever is doxxing Russian criminal gangs, and I suggest offering the doxxer a financial reward (not just a hat tip in a Brian Krebs column.) We have fewer kind words for the prospect that AI will soon be able to locate, track, and bankrupt problem gamblers.
I issue a rare correction to an earlier episode, noting that Israel may not have traded its citizens health data for first dibs on the Pfizer vaccine. It turns out that what was deidentified aggregate health data, Israel offered Pfizer which with proper implementation may actually stay aggregate and deidentified. And I offer my own hat tip to Peter Machtiger, for a student note in an NYU law journal that cites the Cyberlaw Podcast, twice!
And more!
Download the 355th Episode (mp3)
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The Cyberlaw Podcast: Can Editorial Middleware Cut the Power of the Big Platforms? - Lawfare
- SC Quashes NSA Detention of Main Accused in 2024 Sambhal Violence, Imposes Rs 10 Lakh Cost on BJP Govt in UP - TheWire.in - September 29th, 2026 [September 29th, 2026]
- Rush Hour: NSA detention of Sambhal violence accused quashed, cartoonists content withheld and more - Scroll.in - September 29th, 2026 [September 29th, 2026]
- Another NSA order of UP govt quashed, SC orders immediate release of 2024 Sambhal violence accused - theprint.in - September 29th, 2026 [September 29th, 2026]
- NSA Demands Centre, State Action Over Killings, Arson and Displacement of Nagas - Ukhrul Times - September 29th, 2026 [September 29th, 2026]
- World Cup Visa Scandal: Nobody at the NSA will be protected - Sports Minister - Modern Ghana - September 22nd, 2026 [September 22nd, 2026]
- NSA Ajit Doval Recounts Moment He Feared the End of His Career - NDTV - September 22nd, 2026 [September 22nd, 2026]
- Thorough reorganization at NSA will create five 'mission centers,' including cyber and AI - The Record from Recorded Future News - September 15th, 2026 [September 15th, 2026]
- United States NSA recruits psychologists in bid to boost its appeal to new blood - Intelligence Online - September 15th, 2026 [September 15th, 2026]
- NSA releases best practices guide on cyber hygiene for defending against advanced threats - American Hospital Association - September 15th, 2026 [September 15th, 2026]
- United States NSA recruits psychologists in bid to boost its appeal to new blood - Intelligence Online - September 15th, 2026 [September 15th, 2026]
- NSA, FBI & CISA Issue Advisory on China-Based AI Distillation Campaigns - ExecutiveGov - September 15th, 2026 [September 15th, 2026]
- NSA, FBI & CISA Issue Advisory on China-Based AI Distillation Campaigns - ExecutiveGov - September 15th, 2026 [September 15th, 2026]
- NSA set to get five new organizations - Breakingthenews.net - September 15th, 2026 [September 15th, 2026]
- FBI, NSA warn Chinese AI companies like DeepSeek and Alibaba are reportedly carrying out 'industrial-scale' distillation campaigns to boost their... - September 15th, 2026 [September 15th, 2026]
- Confused about which VPN is right, US senator asks the NSA for guidance - Ars Technica - September 4th, 2026 [September 4th, 2026]
- Former NSA cybersecurity official: Pro-China 'influence operations' and 'cognitive warfare' work in protests against data centers and Flock cameras -... - September 4th, 2026 [September 4th, 2026]
- Can the county home to the NSA and US Cyber Command ban data centers? - The Baltimore Banner - September 4th, 2026 [September 4th, 2026]
- Family proud of her work for poor: DU students father after HC quashes NSA case - The Times of India - September 4th, 2026 [September 4th, 2026]
- Man who cut down Flock camera in St. Johns County claimed he was working with the NSA - Action News Jax - September 4th, 2026 [September 4th, 2026]
- Lucknow journalist Satyam Verma to move Allahabad high court after fellow NSA accused Aakriti gets relief - The Times of India - September 4th, 2026 [September 4th, 2026]
- NSA Board Dissolution: Olympic, Paralympic representation expected to remain on new board - 3News - September 4th, 2026 [September 4th, 2026]
- NSA Joins FBI in Issuing Warning about Chinese Hacking Group QTFY Cyber Activity - National Security Agency (.gov) - September 2nd, 2026 [September 2nd, 2026]
- NSA and FBI Warn Chinese Hackers Are Actively Targeting US Critical Infrastructure - LinkedIn - September 2nd, 2026 [September 2nd, 2026]
- UP firecracker blast toll climbs to 13; NSA invoked against accused - Daily Pioneer - September 2nd, 2026 [September 2nd, 2026]
- Man Accused of Impersonating Chief Justice Roberts, NSA Agent - Bloomberg Law News - August 25th, 2026 [August 25th, 2026]
- I Worked For The NSA For Years. Here's What Happened To My Life After Donald Trump And DOGE Showed Up Last Year. - HuffPost - August 25th, 2026 [August 25th, 2026]
- NSA isnt complying with federal laws on whistleblower protections, IG finds - Federal News Network - August 25th, 2026 [August 25th, 2026]
- NSA Doval says India-China ties 'returning to normalcy' as he holds key talks with Wang Yi on border issue - The New Indian Express - August 25th, 2026 [August 25th, 2026]
- 4 Ways Tim Kosiba and the NSA Are Countering the Chinese Intelligence Threat - GovCon Wire - August 25th, 2026 [August 25th, 2026]
- Man charged with forging Chief Justice John Robertss signature, impersonating NSA agent - Yahoo - August 25th, 2026 [August 25th, 2026]
- NSA Doval to visit China on Monday to attend Special Representatives talks with FM Wang - The Economic Times - August 25th, 2026 [August 25th, 2026]
- Audit Finds Lack of Oversight of NDAs at NSA - FEDweek - August 25th, 2026 [August 25th, 2026]
- Redefining India-China Relations: NSA Dovals Visit to Beijing May Provide the Breakthrough - Raksha Anirveda - August 25th, 2026 [August 25th, 2026]
- NSA, FBI warns of hackers using AI-generated tools in attacks on critical infrastructure technology - The Record from Recorded Future News - August 25th, 2026 [August 25th, 2026]
- NSA Doval meets Chinese Vice President Han Zheng ahead of border talks - The Tribune - August 25th, 2026 [August 25th, 2026]
- India-China ties normalised by peace on border, says NSA Doval at talks with Wang Yi - Firstpost - August 25th, 2026 [August 25th, 2026]
- NSA Ajit Doval holds 25th India-China border talks with Wang Yi - timesofindia.indiatimes.com - August 25th, 2026 [August 25th, 2026]
- NSA, CISA, FBI, DOE, and EPA Warn of Active AI-Assisted Attacks on Siemens S7 PLCs - Security Affairs - August 25th, 2026 [August 25th, 2026]
- NSA Ajit Doval arrives in Beijing, set for border talks with Chinas Wang Yi on August 25 - The Hindu - August 25th, 2026 [August 25th, 2026]
- NSA, FBI Warn of AI-Powered Attacks on Industrial Systems Targeting Siemens PLCs - finance.biggo.com - August 25th, 2026 [August 25th, 2026]
- NSA Ajit Doval holds talks with Chinese FM Wang Yi on boundary issue - News On AIR - August 25th, 2026 [August 25th, 2026]
- NSA Doval in Beijing for Talks with Chinese FM - Kashmir Observer - August 25th, 2026 [August 25th, 2026]
- NSA Ajit Doval to hold India-China boundary talks with Wang Yi in Beijing - The New Indian Express - August 25th, 2026 [August 25th, 2026]
- NSA Ajit Doval to hold border talks with Chinese Foreign Minister Wang on Tuesday - The Tribune - August 25th, 2026 [August 25th, 2026]
- Ayitey Powers Arrested Over Alleged Death Threat Against NSA Boss - Modern Ghana - August 25th, 2026 [August 25th, 2026]
- NSA Doval arrives in Beijing for talks with Chinese FM Wang Yi on boundary issue - ThePrint - August 25th, 2026 [August 25th, 2026]
- Police arrest former boxer Ayitey Powers over alleged death threat on NSA boss - Ghanaian Times - August 25th, 2026 [August 25th, 2026]
- NSA Ajit Doval in Beijing for boundary talks - Awaz The Voice - August 25th, 2026 [August 25th, 2026]
- ID Based on Anonymous Informant, Sudden Reference to 2009 Home Ministry Notification: Why NSA Case Against Satyam Verma Is Unconvincing - TheWire.in - August 16th, 2026 [August 16th, 2026]
- NSA Ajit Doval: India's Strength Infused with Tolerance Amid Military Actions - India News Network - August 16th, 2026 [August 16th, 2026]
- NSA Ajit Doval Reveals Operation Sindoor Strategy in New Discovery Docuseries - Daily Pioneer - August 16th, 2026 [August 16th, 2026]
- NSA Ajit Doval on Operation Sindoor: 'India can hit hard, irrespective of consequences' - wionews.com - August 16th, 2026 [August 16th, 2026]
- Indias generosity, tolerance should not be mistaken for weakness: NSA Ajit Doval on Op Sindoor - The Tribune - August 14th, 2026 [August 14th, 2026]
- 'Don't mistake India's generosity with weakness': NSA Ajit Doval on Operation Sindoor - The Times of India - August 14th, 2026 [August 14th, 2026]
- India's generosity, tolerance should not be mistaken for weakness: NSA Ajit Doval on Operation Sindoor - The Hindu - August 14th, 2026 [August 14th, 2026]
- Former NSA Chief Gen. Paul Nakasone: AI Is Changing the Cyber Battlefield - The Cipher Brief - August 14th, 2026 [August 14th, 2026]
- NSA Doval says Indias restraint should not be mistaken for weakness - Awaz The Voice - August 14th, 2026 [August 14th, 2026]
- NSA Ajit Doval says India can hit hard irrespective of consequences in first post-Sindoor interview - The Economic Times - August 14th, 2026 [August 14th, 2026]
- Man claiming to be undercover agent of NSA Ajit Doval arrested in Bihar - The Hindu - August 14th, 2026 [August 14th, 2026]
- Indias tolerance should not be mistaken for weakness; can take risks, hit hard: NSA Doval on Op Sindoor - The Kashmir Horizon - August 14th, 2026 [August 14th, 2026]
- Indias Tolerance Not a Sign of Weakness: NSA Ajit Doval on Operation Sindoor - The CSR Journal - August 14th, 2026 [August 14th, 2026]
- NSA Joins FBI and Others in Releasing Guidance to Defend Against Gunra Ransomware - National Security Agency (NSA) (.gov) - August 12th, 2026 [August 12th, 2026]
- Your router is probably vulnerable to the same attacks the NSA just warned about - MakeUseOf - August 12th, 2026 [August 12th, 2026]
- Trump has to accept hes going to lose Iran war: Former deputy NSA - MS NOW - August 12th, 2026 [August 12th, 2026]
- NSA installs DHS lawyer as new general counsel - The Record from Recorded Future News - August 12th, 2026 [August 12th, 2026]
- Manipur to invoke NSA against NH extortionists: Min - The Times of India - August 12th, 2026 [August 12th, 2026]
- Spymaster United States Joshua Rudd, US special forces officer nursing NSA back to health - Intelligence Online - July 7th, 2026 [July 7th, 2026]
- Capability, Not Compute: NSA Discretion in the Frontier AI EO - The Well News - July 7th, 2026 [July 7th, 2026]
- NSA partners with dog walking app to tackle livestock worrying - Agriland UK - July 1st, 2026 [July 1st, 2026]
- Youth Round Table Discussion: Youth round table discussion held at NSA - Myanmar International TV - July 1st, 2026 [July 1st, 2026]
- NSA welcomes Farming Roadmap 2050 and says farmers are ready to meet the challenge - Meat Management - July 1st, 2026 [July 1st, 2026]
- Crypto Executive Disputes Claims Anthropics Mythos Breached NSA Systems - Yahoo Tech - June 22nd, 2026 [June 22nd, 2026]
- Crypto Executive Disputes Claims Anthropics Mythos Breached NSA Systems - BeInCrypto - June 22nd, 2026 [June 22nd, 2026]
- Its more than Iran could have ever hoped for: Ex-US NSA John Bolton on US-Iran deal - Firstpost - June 22nd, 2026 [June 22nd, 2026]
- Manipur slaps NSA on youth already held under UAPA. Why HC quashed both cases, ordered his release - ThePrint - June 22nd, 2026 [June 22nd, 2026]
- Algorand Post-Quantum Security by 2027: 3 Years Ahead of NSA - The Cryptonomist - June 22nd, 2026 [June 22nd, 2026]
- China foreign minister set to attend Brics NSA meet in Delhi next week - The Times of India - June 22nd, 2026 [June 22nd, 2026]
- India to host BRICS NSA meet on June 2223: MEA - Awaz The Voice - June 22nd, 2026 [June 22nd, 2026]
- IDR Final Rule updates NSA dispute resolution | United States | Global law firm - Norton Rose Fulbright - June 16th, 2026 [June 16th, 2026]
- Where Is Edward Snowden Now? What to Know About the NSA Whistleblower's Life in Exile, 13 Years Later - People.com - June 16th, 2026 [June 16th, 2026]