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Several weeks ago I noted that Iran had announced its intention to sue the developers of the Stuxnet virus. As I said, it was an almost perfect Lawfare type question -- in what court? under what theorie...
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This piece on Foreign Policy's website highlights a topic that is growing increasingly significant, yet gets little attention: private sector entities conducting retaliatory or even anticipatory hacks a...
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My post about the possible use of Facebook's Comment utility on Lawfare has generated no particular groundswell of either enthusiasm or opposition. But the Lawfare Ruling Triumverate has decide that it s...
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Little did Ritika know, when she wrote about the case of the missing drone over Washington the other day, that she would precipitate a legal crisis for the Lawfare Drone Smackdown. But her post went a bi...
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That's the read out from yesterday, in the Hedges case.
Here's the government's interim request to Judge Forrest, to stay her permanent injunction during the government's appeal to the Second Circuit.
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Last week, Stewart Baker at Skating on Stilts described the leaked draft Executive Order on Cybersecurity (which he had not seen) as "focused." Maybe so, but at 19 pages it seems rather less so to me. ...
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Over at the Emptywheel blog, the estimable Ms. Wheel does not like my reflections on Adnan Latif from the other day. She opens:
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David Remes---who, in addition to representing several Guantanamo detainees, is a member of the plaintiffs' legal team in Hedges v. Obama---sent in this note yesterday:
The debate on this blog about Jud...
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Lawfare reader Col. Fritz Barth USMCR (ret.) writes in with this comment on the SCI nondisclosure obligations of Matthew Bissonnette, author of No Easy Day:
There is one additional element of Bissonette'...
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Ben and I wrote this article for Commonweal magazine, entitled "Two Parties, One Policy: Washington's New Consensus on Terrorism." It begins:
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As anti-American violence breaks out all over the world, let’s begin with the latest developments in Libya. CNN reports that four people have been arrested in connection with the attacks on the U.S. cons...
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Senators McCain, Hutchinson and Chambliss have an op ed in the Wall St.
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Raha Wala of Human Rights First writes in with the following response to my comments on Hedges. My thoughts follow his critique and very-cautious defense of Judge Forrest:
Ben’s post on Judge Forrest’s o...
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Well that sure didn't take long [h/t: emptywheel].
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Nico Martinez, a Lawfare reader and 3L at Stanford Law School, wrote in to flag two pieces he authored this year: the first about Judge William Young's proposal to try KSM and his coconspirators at Guant...
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Some good news from the judiciary: yesterday my former professor, Scott Silliman, was sworn in as a judge on the United States Court of Military Commission Review.
Congratulations, Judge Silliman!
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This afternoon, Judge Alexander Williams of the District Court in Maryland issued a preliminary injunction against implementation of Section 11 of the STOCK Act, which would require publication of the fi...
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An attorney who was deeply involved in the Al Bihani litigation sent me the following note about my post on the Hedges decision:
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To Libya first: the Economist argues that there actually has been progress in Libya toward peaceful, stable governance.
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Like Jack, I was struck by the Defense Science Board’s report on the autonomy of military systems, but it was a different aspect of the report that caught my eye – enough so that I thought it was worth n...