Those who follow the blog will know that I am skeptical of the government's ability to construct a regulatory system for enhancing cybersecurity standards.  I am often asked, however: "well, then what do...

Brian Foster of Covington & Burling, who represents several Guantanamo detainees, writes in with the following comments on my defense of CIA lawyer Jonathan Fredman---and the case of his former client, A...

Jens David Ohlin (Cornell) has an interesting post up at LieberCode in which he discusses a range of LOAC issues raised by CIA involvement in drone strikes.  Jens raises the question whether CIA personne...

See this letter from Deputy Assistant Secretary of Defense Lietzau, on behalf of Secretary Hagel... At bottom, it seems increasingly clear that there are two very different accounts out there about what...

Last week I noted that the House Judiciary Committee was  circulating a proposal to reform the Computer Fraud and Abuse Act that was mostly a wish list for the Department of Justice.  Yesterday a diverse...

Congratulations to Lawfare's very own Steve Vladeck who, in his day job as professor and associate dean for scholarship at Washington College of Law, American University, has just been awarded the 2013 "...

It took only a few minutes from the time I posted my defense of CIA lawyer Jonathan Fredman last night for Marcy Wheeler (aka emptywheel) to begin tweeting bile against both Fredman and me. She used word...

Last Monday, I flagged Chief Judge Lamberth's important new decision in a Guantánamo habeas case--Barre v. Obama--in which, among other things, he excoriated the government for how long it has taken them...

A good discussion on WHYY’s Radio Times of current goings on at Guantanamo Bay---with Carol Rosenberg of the Miami Herald, David Frakt of University of Pittsburgh Law School, and me.

 This is old news by now, but Judge Pierre Leval of the Second Circuit has a thoughtful article in the March/April issue of Foreign Affairs (behind a paywall, unfortunately) entitled "The Long Arm of Int...

Last year, as Congress debated cybersecurity, some worried about an "internet kill switch" -- that is, the authority for the President to order access to the internet cut off.  As the debate resumes this...

The Economist has an excellent short article on the growing market for zero-day exploits (that is, vulnerabilities in software).  As my friend Chris Soghoian observed there is more information here than ...

From Weekend Edition, a very thoughtful and useful discussion with Greg McNeal on some of themes of his recent guest blogging on Lawfare:

The quotation is apparently too sexy to resist---too sexy even to Google its speaker's name before running with it. A single Google search would, after all, yield this article by Stuart Taylor Jr. in Nat...

The European Union has begun consideration of a new Data Protection Directive that is intended to protect personal information from uwarranted disclosure by corporations or governments.  Among the more c...

Courtesy of The Onion, America's Finest News Source: Ayman Al-Zawahiri Delivers TEDTalk On Changing Face Of Terrorism ATLANTA—Addressing attendees gathered for this week’s TEDxEvolution Conference, al-Q...