Today the D.C. Circuit handed down its opinion in a Guantanamo detainee's habeas-related appeal. The detainee filed his notice of appeal too late, concluded the three-judge panel, thus divesting the appe...

So, what are we to make of claims that the NSA scandal will lead other countries to set up their own non-USA cloud?  I really can't speak to the political imperative, but this is pretty notable:  Google ...

Over at The National Interest, I just published a short piece about the military balance in East Asia.

At yesterday's hearing of the Privacy and Civil Liberties Oversight Board, I argued that a "rule of lenity" for foreign intelligence surveillance law could be a helpful way to regulate national security ...

Over the past month, Jane Chong has written a series of posts published over at Security States that go under the title “Bad Code.”  Her thesis (amply documented) is that those who write software code ge...

As I've noted before, Guy Fawkes Day is a special day for Lawfare readers as it is the only holiday, at least to my knowledge, devoted to the failure of non-state actors to destroy symbols of state power...

The Washington Post reports comments by Attorney General Eric Holder on the pace of military commissions at a news conference yesterday: “I think that had we gone along the path that I announced at that ...

Word has it that Edward Snowden might be willing to travel to Germany to testify to a public prosecutor or an investigating committee of the German parliament that is looking into mass surveillance.  How...

Over the last month, on our New Republic: Security States newsfeed, we rolled out a series designed to explain why fairly allocating the costs of software deficiencies between software makers and users i...

In his response earlier this week, Jens Iverson correctly points out that the Chemical Weapons Convention prohibits states parties from “retain[ing]” chemical weapons.  And states do, of course, keep the...

Today's Wall Street Journal carries an op-ed piece by Matt and me on the regulation of autonomous weapon systems, "Killer Robots and the Laws of War: Autonomous Weapons Are Coming and Can Save Lives.

Reasonable people can disagree about NSA surveillance in general and about whether Congress should authorize or forbid bulk metadata collection in particular. I have never questioned the good faith of Se...

Published by Nation Books (2013) Reviewed by Nick Basciano

Raffaela's piece this morning offers a granular breakdown of what the major FISA reform proposals would do across a number of different axes. In reading both it and the bills it describes, I had four bri...

Edward Snowden's disclosures and subsequent government declassifications have prompted a wave of proposals to retool the Foreign Intelligence Surveillance Act (“FISA”). Some of these proposed revisions a...