Legal Warfare (Lawfare)
What it is. Turning statutes, courts, and standards into instruments of power. Tools include selective enforcement, emergency acts, extraterritorial claims, arbitration venue shopping, and standards-setting. The aim is to trap opponents procedurally while legitimizing coercion.
The Thousand Hands
Domain: Legal Warfare + IP (with Cyber/Economic crossover) · Stratagems: 3, 14, 30
Problem / betrayal. Your line drawings show up in a rival bid—line for line.
How it happened. DOJ trade-secret indictments and USITC §337 actions document theft + import bans as core remedies. Recent cases hit AI source code, aerospace, and materials. Department of Justice.
The men behind it. JV “partners,” consultants, inside staff.
Consequences. Market share lost; courts weaponized to stall the victim.
Warning. Teach the thief and you pay tuition forever.
Counter-Orders
- Audit: stage disclosures; escrow IP; canary data.
- Inoculate: §337 readiness; evidence vaults; clean device policies. USITC.
- Isolate: seize proceeds; criminal referrals on export/trade-secret counts. Department of Justice.
The Lockdown Loophole (Missouri → Murthy)
Domain: Information + Lawfare · Stratagems: 1, 9, 26
Problem / betrayal. In a crisis, officials leaned on platforms. The fight went to court.
How it happened. Murthy v. Missouri reached SCOTUS; the Court vacated the injunction on standing, leaving the records fight alive and the terrain contested. Read the opinion. Supreme Court.
The men behind it. Agency staff, platform policy teams, contractors.
Consequences. Process can smother dissent while looking “neutral.”
Warning. If you hide the chain of command, the truth starves.
Counter-Orders
- Audit: preserve comms and tickets; FOIA/litigation holds.
- Inoculate: transparency logs for takedowns/demotions.
- Isolate: injunction playbooks that target conduct, not speech. Supreme Court.
Operating model
- Actors: legislatures, regulators, courts, SDOs, treaty bodies, SOEs’ counsel.
- Levers: licensing, discovery, injunctions, export controls, standards conformance.
- Mechanisms: redefine → codify → enforce selectively → present as neutral order.
- Escalation ladder: guidance → rulings → asset freezes → criminalization.
- Success metrics: jurisdiction wins, chilling effects, precedent drift.
Tactic clusters (curated, non-repetitive)
1) Trapdoor Statutes
Pass broad laws with latent teeth.
Stratagems: 22 Shut the Door…, 11 Sacrifice the Plum…
Application: Vague NSL definitions; enforce when politically convenient.
Countermeasures: Narrow drafting, judicial review triggers, civil-liberties checkpoints.
2) Procedural Terrain
Win by choosing the battlefield.
Stratagems: 30 Exchange Guest for Host, 25 Replace the Beams…
Application: Stack boards and committees; shift standards to favor incumbents.
Countermeasures: Open membership SDOs, recusal rules, minority vetoes on definitions.
3) Exemplary Prosecution
Deterrence via spectacle.
Stratagems: 26 Point at the Mulberry…, 10 Hide Your Dagger…
Application: High-profile cases on process crimes; message to civic groups.
Countermeasures: Defense funds, observer missions, reporting protections.
4) Law as Diplomacy
File, appeal, stall—then trade outcomes.
Stratagems: 24 Borrow the Road…, 36 Retreat
Application: Use arbitration delays to force economic concessions.
Countermeasures: Time-bound clauses, escrow arrangements, multilateral enforcement.
5) Retroactive Normalization
Do first, legalize later.
Stratagems: 8 Repair the Walkway…, 14 Borrow a Corpse…
Application: After a crackdown, pass laws that bless prior acts.
Countermeasures: Transitional justice requirements, independent inquiries, repeal thresholds.
6) Injury Theater
Self-harm as pretext for expansive powers.
Stratagems: 34 Injuring Yourself, 31 Beautiful Women (enticement)
Application: Orchestrate provocations to justify emergency measures.
Countermeasures: Incident transparency, chain-of-custody evidence, automatic sunset provisions.
Failure modes & risks
- Legitimacy loss: courts seen as partisan tools.
- Capital flight: rule-of-law premium evaporates.
- International backlash: adverse rulings, sanctions, demarches.
Related: United Front, Financial & Monetary.