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Installing a Content Patch in the Stored Communications Act
Replacing the SCA’s patchwork of carve-outs with a single warrant rule would better protect privacy and clarify the law. -
Data Proxies for the Stored Communications Act
Nondisclosure orders can prevent cloud users from defending their legal rights. A data proxy could act on their behalf. -
Unpacking and Updating the CLOUD Act
Targeted fixes for a landmark cross-border data law that has been misread and underused. -
Limiting Reverse Searches in the Stored Communications Act
Should police be able to search millions of users’ data to find a suspect? Reverse searches show why the law needs limits. -
Harmonizing ECPA to Close Gaps and Increase Statutory Coherence
Modern communications and privacy law needs technology-neutral rules. -
This OLC Opinion Is ‘Bullshit’
When lawyers are motivated to “get to yes,” their work is prone to bullshit (in the technical sense). And this OLC opinion is full of it. -
Rational Security: The “Attacking Iran” Special Edition
Scott Anderson, Benjamin Wittes, Daniel Byman, and Ari Tabatabai have an in-depth discussion of the U.S. military operations against Iran. -
Lawfare Live: The Trials of the Trump Administration, March 6
Join the Lawfare team at 4 pm ET for a discussion of the litigation surrounding the Trump administration. -
How Antitrust Can Promote AI Safety Collaborations
Frontier AI labs want to collaborate to prevent catastrophe, but fear antitrust liability. Policymakers already have the tools to fix that. -
Lawfare Daily: The Trial of the North Texas Antifa Cell
What is the status of the ongoing terrorism trial of an alleged Antifa cell in North Texas? -
Brendan Carr Has a Point About the Equal Time Rule
Like the proverbial stopped clock, even a partisan regulator is occasionally right. -
The Trump Administration’s Legal Shell Game
Recent attempts to block wronged federal grantees from having their day in court reflect a broader Trump administration strategy. -
Lawfare Daily: The Tariffs Decision and What Comes Next
Breaking down the Supreme Court's decision invalidating President Trump's IEEPA tariffs. -
The Law of Going to War with Iran, Redux
The Trump administration’s attack on Iran pushes even the executive branch’s generous understandings of the President’s legal authority to their limits. -
White House Submits Iran War Powers Report to Congress
Following this weekend’s strikes, the president submitted his report notifying Congress of the military action. -
Scaling Laws: In Defense of Optimism with Packy McCormick
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El Mencho’s Death and the Kingpin Strategy Paradox
When cartel leaders are targeted, command structures break down and rivals jockey for influence. -
Lawfare Daily: The Pentagon Designates Anthropic as a Supply Chain Risk
What has been the reaction to the designation of Anthropic as a supply chain risk? -
The Situation: Stand With Anthropic
You might not like the creator of Claude, but its fight with Pete Hegseth is important for the rule of law. -
Pentagon’s Anthropic Designation Won’t Survive First Contact with Legal System
This is designation as political theater: a show of force that will not stick.
More Articles
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The Week That Was
Your weekly summary of everything on the site. -
Fourth Amendment Law by Analogy
A review of Orin Kerr, “The Digital Fourth Amendment: Privacy and Policing in Our Online World,”(Oxford University Press, 2025). -
The New War in Afghanistan
The conflict between Pakistan and the Taliban might escalate. It might also be the new normal.
