Today’s episode opens with a truly disturbing bit of neocolonial judicial lawmaking from the Court of Justice of the European Union. The CJEU ruled that an Austrian court can order Facebook to take down statements about an Austrian politician. Called an “oaf” and a “fascist,” the politician more or less proved the truth of the accusations by suing to keep that and similar statements off Facebook worldwide. Trying to find allies for my proposal to adopt blocking legislation to protect the First Amendment from foreign government interference, I argue that President Trump should support such a law. After all, if he were ever to insult a European politician on Twitter, this ruling could lead to litigation that takes his Twitter account off the air. True, he could criticize the judges responsible for the judgment as “French” or “German” without upsetting CNN, but that would be cold comfort. At last, a legislative and international agenda for the Age of Trump!


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I know. That could be any national strategy written in the last 15 years. And that’s the point. In our interview, Dr. Amy Zegart and I discuss the national cyber strategy and what’s wrong with it, along with the culture clash between DOD and Silicon Valley (especially Google), and whether the Mueller report should lead to a similarly thorough investigation into how the Intelligence Community and Justice handled the allegations at the start of the Trump Administration. Plus, Amy answers this burning question: “If a banana republic is a country where losing an election means getting criminally investigated, what do you call a country where winning an election means you get criminally investigated?”


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