Merry Christmas. I'm Isabella Royo, Internet Lawfare, with an episode from the Lawfare

for December 25, 2025. On December 16th, President Trump added five more countries, Burkina Faso, Mali, Niger, South Sudan, and Syria,

to the list of countries whose citizens were banned from visiting the United States this past June.

The President also imposed new partial travel restrictions on 15 more countries and fully restricted travel from individuals using documents issued by the Palestinian Authority.

For today's archive, I chose an episode from October 18th, 2017,

in which Bobby Chesney and Steve Vladik discussed the travel ban issued and reworked by the President during his first term,

as well as the nationwide TRO that blocked it at the time.

The two also discussed the Al-Nashiri Military Commissions case,

a spat between Microsoft

and the nation of Ireland over the Stored Communications Act, the status of ACLUV Mattis,

and more.

So, Bobby, Mattis, and more. So, Bobby, here we are Tuesday, October 17th, about 310 central daylight time, and boy, is it daylight.

It is really fine weather outside. This is the time of year when it turns from, you know, somewhat challengingly hot in Austin for those who aren't accustomed to it, to the time of year, whereas it gets worse everywhere else, it just gets better and better here. All the more reason to spend this time indoors with you, my friend. I wouldn't have it any other way. So what are we going to talk about today? We have some breaking travel ban news. Yeah, it's been a few weeks. Why not? I know, right? It's like, hey, if the shoe fits. Okay, so travel ban, and then... We have a lot of stuff going on in the Al-Nashiri litigation in Guantanamo. You know, this has really turned into quite the military commissions-focused podcast. That is not what I would have guessed when we started, you know, back in January. I think part of that is just sort of a plausity of what we might have thought of as the more conventional topics. I mean, as we've said before, the sort of world of old school nationalist decree law and policy has actually been pretty quiet lately. Well, I feel like military commissions have been quiet for a while, and now we're just getting a lot of churn. So Nishiri gives us two separate issues. Although they may be about to be quiet again for a while thanks to one of those issues. That's true. Well, that's funny, right? So we're going to talk about two issues there. You'll hear what there or later. One. One happens early in the week and it seems like it's going to open the door to maybe some acceleration of the commissions and then right on the heels of that just because nothing can go right for long at the commissions, something else happens. It looks like maybe this is going to freeze things up. It's just the gift that keeps on giving. It is. All right. Speaking of which, we have other gifts to unwrap? Indeed. So we also had on Monday the Supreme Court grant insert in the Microsoft cross-border data transfer case. I think you heard it here first that that was going to happen. Yeah, that was a, that was an important one to watch for this term. It combines with Carpenter to make this a term of technology disruption impacting the law. And Orrin Kerr. It is the is the Orrin Kerr term, yes. Just in time from the Leave D.C. And then after, so we're going to talk a bit about the sort of significance of the case what what the stakes are why it actually might

matter it's actually i think not as big a case as it might seem in first blush but still a really

interesting one about the role of the legislature in regulating cross-border data privacy data

transfer um then we're going to pivot to speaking to the legislature, Bobby, a new piece of legislation.

Yeah, so there's a bill.

This is the best acronym ever, the ACDC bill, the Active Cyber Defense Certainty Act.

Active Cyber Defense Certainty Act, ACDC Act.

And it is a bill...

Is it back in black?

I know.

...