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Movement in a New Guantanamo Habeas Case
Don't look now but the long dormant world of Guantanamo habeas litigation is getting at least a little bit less sleepy. Last November, a detainee named Guled Hassan Duran, an alum of the CIA's RDI prog... -
China Cyber Sovereignty and Cross-Border Digital Trade
As the U.S. reexamines its trade policy, commentators following U.S.-China affairs have noted an important area that has not received as much attention as the bilateral trade in goods but may one day riv... -
Water Wars: Cooperation “of the Right Time, in the Right Place and with the Support of the People”
China Proposes Cooperation While Completing Installations on Key Reefs and Islands in the South China Sea -
Gorsuch on Cyber-Related Issues: Part Two
This is the second part of a three-part series on Judge Neil Gorsuch’s handling of cyber issues. In this collection of cases, Judge Gorsuch identifies the uniqueness of computer searches and the accompan... -
Today's Headlines and Commentary
Two White House officials showed House Permanent Select Committee Chairman Devin Nunes intelligence reports indicating incidental collection of information about Trump associates, the New York Times writ... -
Enjoining the Revised Refugee EO: The Hawaii District Court “Waters Down” the Separation of Powers
On Wednesday, Hawaii U.S. District Judge Derrick K. Watson converted his March 15, 2017 temporary restraining order enjoining two sections of President Trump's Revised Refugee Executive Order into a prel... -
Livestream: Senate Select Intelligence Committee Hearing on Russian Active Measures
The Senate Select Intelligence Committee is currently holding an open hearing on "Disinformation: A Primer on Russian Active Measures and Influence Campaigns." The committee will hear testimony from Euge... -
Alan Z. Rozenshtein on Digital Communications and Data Storage Companies as "Surveillance Intermediaries"
Alan Z. Rozenshtein, a former contributor to this site who now works at the Department of Justice, is well known to long-time Lawfare readers for his writing on many national security law topics, particu... -
Rational Security: The "We Need to Talk About Devin" Edition
Devin Nunes throws a wrench into the House Intelligence Committee’s Russia investigation. But the Senate investigation hasn’t come off the rails. And should countries declare certain kinds of cyber attac... -
Video: Press Conference by Senators Richard Burr and Mark Warner of SSCI
Senate Select Intelligence Committee Chairman Richard Burr and Ranking Member Mark Warner held a press conference earlier this afternoon on the Committee's investigation into Russian interference in the ... -
Historical Context for Today's Surveillance Debates: The 1945 Legal Memo on What Became Operation Shamrock
Section 702 is coming up for renewal later this year, and it is clear we'll be hearing a lot in that context about the impact of SIGINT collection activities on US person communications. When that topic ... -
Today's Headlines and Commentary
The United Kingdom has formally begun the process of exiting the European Union, delivering notice of the country’s intent to withdraw to EU President Donald Tusk. Though Britain is currently scheduled t... -
Iran and Turkey Pose Problems for Trump in Syria
While the worst violence of Syria’s six-year-long war may be over, a credible settlement is still far off. The Trump administration has boosted the U.S. military presence in Syria. While this enhances Wa... -
International Law and the Trump Administration
The Trump administration has conspicuously—and surprisingly—complied with international law during its first months. For example, yesterday’s climate order notably does not announce a withdrawal from the... -
Brexecution Underway: UK Notifies EU of Intent to Depart
It’s official: as of today, the Government of the United Kingdom has notified the European Union of its departure. In preparation for the Brexecution, let’s outline the salient events since our last upd... -
Civilian Casualties Mount in U.S. Fight against Islamic State, U.S. Forces Launch Surprise Attack Near Mosul, and Mubarak Released after Years in Detention
Concerns about Civilian Casualties Growing after Deadly Strike in Mosul -
Bahlul Files Cert Petition
Counsel for Ali Hamza Suliman al Bahlul have filed a petition for a writ of certiorari with the Supreme Court appealing the October 2016 ruling by the U.S. Circuit Court of the District of Columbia sitti... -
Steptoe Cyberlaw Podcast: An Interview with Michael Daniel
Our interview is with Michael Daniel, former Special Assistant to the President and Cybersecurity Coordinator at the White House and current President of the Cyber Threat Alliance. We ask Michael how the... -
Today's Headlines and Commentary
The New York Times tells us that President Donald Trump signed a much-anticipated executive order rolling back most of former President Barack Obama’s legacy on climate change, celebrating the move as a ... -
Did the Justice Department Try to Keep Sally Yates from Testifying?
This morning, the Washington Post reported that the Justice Department sought to prevent former Acting Attorney General Sally Yates from testifying before the House Permanent Select Committee on Intellig...
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