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In a recent February 25 hearing of the House Select Committee on Intelligence, FBI Director Comey said two things.
At 36:45 in the CSPAN video, he says that
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Editor's Note: What if most terrorism isn’t really terrorism? In past decades, much of what we call terrorism today would have been seen as insurgent violence, revolutionary war, or civil war: a group li...
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The Syria War, says Aaron David Miller, the distinguished scholar at the Woodrow Wilson International Center, is "Not Obama’s Fault.” Instead, the war is primarily the work of Bashar Al-Assad, the presid...
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This piece originally appeared on the Washington Post's Volokh Conspiracy but its themes are so pertinent to Lawfare readers that I've submitted it to Lawfare as well.
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A couple of weeks ago, I thought it worth calling to reader's attention the threat assessment done by the Norwegian Police Security Service (more or less Norway's MI-5). Today, we have news from the Nor...
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This week, the battle between the FBI and Apple in a California court spilled into the broader public debate on encryption and lawful access.
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Ahead of Super Tuesday, the 10th GOP presidential debate took place Thursday in Houston, TX. The debate featured the five remaining Republican presidetial candidates Ben Carson, Ted Cruz, John Kasich, Ma...
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Well, we’ve had a busy week here at Lawfare. Let's start with Apple.
On Sunday, FBI Director James Comey asserted that the FBI could not look the survivors of the San Bernardino terrorist attack in the ...
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Yesterday, Apple filed a motion to vacate a court order compelling the tech company to assist the U.S. government in unlocking an iPhone belonging to one of the San Bernardino terrorists.
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Do you need to get up to speed on the latest developments in the Apple vs FBI iPhone dispute, but either lack the time to read the brief Apple filed yesterday or the context to decode it? I’m here to he...
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Following months of speculation, Saudi Arabia, Russia, Qatar, and Venezuela last week announced their intention to freeze oil production at existing (high) levels in an attempt to stabilize the oil market.
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Director James Comey claims that the FBI is simply carrying out a diligent investigation in San Bernardino. Put bluntly, I doubt this for two reasons. First, the FBI and public already has enough knowled...
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In the social media era, there have been a number of terrorist attacks in America that, at least in part, could be attributed to “self-radicalization.” Self-radicalization refers to the phenomenon wherei...
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Apple has asserted that a one-time use of any software that would enable the FBI to bypass security features in the iPhone is impossible—that it would inevitably be used multiple times. In a previous po...
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As the battle between Apple and the FBI continues, today, Apple filed a motion to vacate the order from the federal government to assist the FBI in accessing the locked and encrypted iPhone belonging to ...
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In three recent developments, Apple appears to want
(1) to develop a security improvement that would require a PIN code to update firmware
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The House Judiciary Committee heard testimony today on "International Conflicts of Law Concerning Cross Border Data Flow and Law Enforcement Requests." The two-panel hearing included remarks from Princip...
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You know you want one.
Motion to Vacate Brief and Supporting Declarations
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What is the most surprising discovery a law firm partner makes when he jumps to the National Security Agency? I direct that and other questions at Glenn Gerstell, who has just finished six months in the ...