ISSUE BRIEF

June 3, 2021

Propaganda by Permission: Examining "Political Activities" Under the Foreign Agents Registration Act

by Tarun Krishnakumar

After providing a background to FARA, this Article studies this issue first, by seeking to draw out the background, development, and surprisingly ambiguous legal standards that disclosures of agents’ “political activities” must adhere to. Second, based on an survey of a sample set of filings made under FARA, it analyzes if these standards are adhered to in practice. Learnings from this exercise are then used to evolve recommendations to strengthen the capacity of FARA to counter foreign influence operations.

March 7, 2021

Who’s Funding that Lawsuit? Implications for Lawfare

by Tarun Krishnakumar

Only deeper study, discourse, and evidence-gathering around the threats to national security from TPLF will lead to meaningful consideration of the risks it poses – and whether they rise to justifying policy intervention. If nothing else, such inquiry can also have the effect of improving overall trust in TPLF. But to disregard it leaves our legal systems vulnerable and ignores what could become, or already is, a critical battlefield in the fight against malign foreign influence.

March 31, 2021

In Absence of Foreign Agents Registration Reform, DOJ Tweaks Could Make a Big Difference

by Tarun Krishnakumar

The Foreign Agents Registration Act (FARA) framework has assumed elevated importance in recent years with revelations of foreign interference in U.S. democratic processes. Despite this, its core obligations have not been comprehensively updated since the 1960s, even though more than 40 proposals have been introduced in Congress since 2016. Pending broader legislative improvements, the Department of Justice (DOJ) should explore and consider evidence-led tweaks at the executive level to address key shortcomings in the framework.

October 3, 2020

FITS and Starts

by Tarun Krishnakumar

Come December 2020, the Foreign Influence Transparency Scheme (FITS) will have been in force for two years in Australia. Since its enactment in late 2018, FITS has courted significant controversy – including questions of its evenhanded application, collateral effects on rights, and constitutional validity. Despite this attention, however, the most important question has largely remained unaddressed: has it worked?