Lawfare Daily: Scott Anderson on How Social Media Platforms Should Handle Unrecognized Regimes
The Lawfare Podcast
The Lawfare Institute
4.7 • 6.4K Ratings
🗓️ 17 December 2025
⏱️ 43 minutes
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Summary
Lawfare Senior Editor Alan Rozenshtein speaks with Scott Anderson, Senior Editor at Lawfare, fellow in Governance Studies at the Brookings Institution, and non-resident senior fellow in the National Security Law Program at Columbia Law School, who recently wrote a report about how social media platforms should handle unrecognized regimes like the Taliban. They discuss how social media platforms responded to the Taliban's takeover of Afghanistan in 2021; the divergent approaches of Meta, YouTube, and X toward sanctioned entities and governmental accounts; the international law concepts of recognition and de facto authority; a proposed "de facto authorities rule" that would allow platforms to permit certain essential governmental functions by unrecognized regimes; and how this framework can be reconciled with U.S. and international sanctions requirement.
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Transcript
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| 0:00.0 | You had a lot of people saying, well, Taliban is using Twitter strategically to coordinate its |
| 0:06.5 | forces, to recruit, to do all sorts of other things that are malign. And because they're not |
| 0:10.6 | complying with U.S. sanctions, they're using it for all these malign purposes that are bad. And |
| 0:14.9 | it's effectively strengthening the Taliban more than they would otherwise. And that's exactly |
| 0:18.6 | what sanctions are supposed to stop. It's the Lawfare podcast. I'm Alan Rosenstein, associate professor of law at the University of |
| 0:25.6 | Minnesota, and senior editor at Lawfare. Today, I'm talking to Scott Anderson, Lawfare |
| 0:30.4 | Senior Editor and a fellow in governance studies at the Brookings Institution, about a new report |
| 0:34.7 | he's written on how social media platforms should handle unrecognized regimes like the Taliban. |
| 0:39.3 | If you don't accept them as the general de facto regime, that doesn't mean you can't accept that they actually are serving certain core public functions. |
| 0:46.3 | And you lean into this definition of what it means to be a local de facto authority. |
| 0:51.3 | We discussed the dilemma that the Taliban's 2021 takeover of Afghanistan created for platforms |
| 0:57.0 | and Scott's proposed framework rooted in international law's treatment of de facto authorities |
| 1:03.0 | that could help platforms strike a better balance between sanctions compliance and serving civilian populations under these regimes. |
| 1:10.0 | So Scott, let's start with the problem your paper addresses, |
| 1:13.2 | in a particular case study that you start off with, |
| 1:15.6 | which is in the summer of 2021, the Taliban took over Afghanistan. |
| 1:20.9 | This obviously had enormous geopolitical ramifications, |
| 1:23.4 | but it also presented a very specific problem |
| 1:25.8 | for America's social media companies. |
| 1:28.4 | Describe what that problem is and how they dealt with it. |
| 1:31.9 | Yeah, it's reflective of a broader problem set, of which this kind of one unique expression of |
| 1:37.2 | that got a lot of attention and particularly the months after the collapse of the government |
... |
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