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Over at Forbes.com, Pepperdine law professor Gregory McNeal has this response to the critique I linked to the other day by Jonathan Horowitz of the Army's new manual on preventing harm to civilians.
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I’ll continue in the same vein as Raffaela’s focus yesterday on everything cyber. The New York Times reports that Gen. Keith B. Alexander, head of the NSA and the U.S.
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We have two new entrants in the Smackdown—and we have a judge.
Shane Harris---senior editor of Washingtonian magazine and author of this book about surveillance and this paper on the “Human-Free Future ...
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Wells posted yesterday the government's filing on the question of continued access to counsel for Guantanamo detainees who have lost their habeas cases. I have now read through the motion, and I have to ...
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Over at the Emptywheel blog, Ms. Wheel (aka Marcy Wheeler) has this response to former Justice Department official Carrie Cordero's guest post of this morning. She notes that Senator Wyden responded at y...
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As soon as I saw this Wall Street Journal oped yesterday from Holman W. Jenkins, Jr., I thought to myself--and said to Ritika--we need to hear from Shane Harris on this. Now we have.
Jenkins had suggest...
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Gus Coldebella, former Deputy General Counsel (and Acting General Counsel) for DHS and now a partner at Goodwin Proctor write in with this addition comment on the liability provisions of the Lieberman-Co...
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Today, in preparation for the Lawfare Drone Smackdown, and to kill some time I might have spent productively, I decided to fly my drone around the Governance Studies offices at Brookings.
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Here is the Administration's Statement of Administration Policy on the Lieberman-Collins bill. On the regulatory provisions and the information-sharing liability provisions they are drawing a line in th...
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Apparently prompted by David Remes' motion regarding GTMO counsel access issues in Esmail [h/t Josh Gerstein at Politico], the government now has filed its own motion.
I've only glanced at the new filin...
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Ryan Radia, who works for the Competitive Enterprise Institute, writes in with a few a couple of addition points about the liability exemption provisions of the Lieberman-Collins bill in Section 706. He...
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I am officially declaring cybersecurity legislation to be today's big story of the day.
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Carrie Cordero, Georgetown's Director of National Security Studies and a former Justice Department official, writes in with the following account of a recent Cato Institute event (which, ahem, would have...
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Jonathan Horowitz of the Open Society Justice Initiative has largely positive comments on the new Army manual on avoiding civilian harm. It opens:
This month, Lawfareblog.com posted the U.S.
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In March, Congress passed the Stop Insider Trading in Congressional Knowledge Act (the STOCK Act), which was intended to prevent members of Congress from trading in securities based on non-public informa...
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I received the following response from Richard Klingler to my ACSblog post on Monday re: the Al-Aulaqi suit and Bivens, and thought I'd post it in its entirety (below the fold) before replying (also belo...
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I just received a very interesting email from Major John Harwood, USAF, whom I met recently at the MILOPS Conference in Singapore, in response to my post this morning about the coming Drone Smackdown:
I ...
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Word is that Senator Reid has filed cloture on the motion to proceed to consideration of the Lieberman-Collins bill. [UPDATE: At the request of two readers I've uploaded the latest version of the text ...
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Several stories have emerged about U.S. District Judge Colleen Kollar-Kotelly's ruling that the State Department doesn't have to make classified cables public irrespective of what WikiLeaks does with them.
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The other day, I was out flying my new drone, practicing for the Lawfare Drone Smackdown. Standing on my front porch, I flew it across the street and hovered over a couple of kids and their father, who w...