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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...
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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...
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On October 25, the Hoover Institution held a terrific day-long media colloquium out at Stanford University for a first-rate group of journalists focused on national security legal issues and the work of ...
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The CIA's efforts to deny the ACLU's FOIA requests for records about the Agency's involvement in drone-based targeted killings continue apace in the U.S. District Court for the District of Columbia. The ...
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This week, Ben welcomed three truly remarkable additions to Lawfare: Orin Kerr, Gabriella Blum, and Ingrid Wuerth.
Public scrutiny of espionage continued as the digital transformation of a once cloak-a...
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A few days ago, I posted a response to David Cole's Just Security post that had argued for U.S. law protecting the privacy of foreigners abroad.
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A coda to Bobby's post below asking about the legal views underlying US operations in Somalia over the past three weeks. Three weeks ago, SEALs attempted a capture operation against a target on the coas...
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Breaking News: The Pakistani Taliban says its leader, Hakimullah Mehsud, has been killed in a drone strike. More to come on this, I’m sure.
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Last night's vote was, apparently, 11-4. The committee-backed legislation, called the FISA Improvements Act of 2013, can be found here.
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Voice of America is reporting that the U.S. Embassy in Jakarta (like the U.S.
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In an excellent Lawfare post last month, Does the U.N.’s Syria Resolution Violate the Chemical Weapons Convention? Faiza Patel asserts that if Syria sent chemical weapons to another country, Syria would...
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United States privacy law traditionally has only protected the privacy of those in the United States and U.S. citizens abroad. Over at Just Security, David Cole argues that this should change. Privacy is...
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When U.S.
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OK. It’s a bit self-congratulatory. But still, it was pretty neat. I’m attending the ABA Annual Review of National Security Law. Today’s first panel had on it BG Richard Gross who is the Chief Legal ...
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Does holding software providers accountable for the insecurity of their code amount to going nuclear on the industry---the equivalent of pushing the big red button? I argue that this is the way critics s...
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Pakistan surprised the international community by releasing an updated version of the Pakistani government’s official estimate of civilian casualties caused by American drone strikes. The number is signi...
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Not much, of course. But according to this report in the Washington Post, Secretary Sebelius today responded to reports of a cybersecurity breach that was discovered recently. According to Sebelius “th...
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If you believe software providers should be held more accountable for insecure code or coding practices, you might be tempted to point an accusing finger at the contract law framework that courts use to ...
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The latest cache of documents released by the DNI does not contain any explosive new revelations. Unlike previous releases, it does not show big problems under either Section 215 or Section 702 that prod...
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News from the big, bad National Security Agency never seems to cease.