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At 3:30 am this morning, American F-15s once again screamed across Libyan skies and delivered their payload to an ISIS camp located outside of Sabratha, just 50 miles west of Tripoli. The American warpla...
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Can you provide material support to a terrorist organization at the same time that you are actively and effectively working against that organization?
In a new study published this week by George Washin...
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Although the U.S.-ASEAN summit was originally billed as the main story of the week, China stole the show after news broke that the PLA recently deployed anti-aircraft missiles to a contested island in th...
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In Al Nashiri v. Obama, a panel of the D.C. Circuit appeared to be leaning toward allowing the federal courts to address when hostilities began with al Qaeda. Al Nashiri is challenging the authority of ...
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Editors Note: This piece originally appeared on Markaz.
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Headlines continue to be dominated by the battle between the FBI and Apple taking place in the Central District of California. If you’re just catching up, here’s what’s happening: a magistrate judge in t...
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Imagine that you are in the business of making safes. One day, you devise a novel safe for storing valuables. The safe is quite hard to break into, which is of course one of its selling points. But yo...
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In the years since Edward Snowden claimed that U.S. intelligence agencies were tapping into Europeans’ personal data flowing to the United States through undersea cables, an icy distrust has prevailed be...
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Note to Apple: As a general matter of strategic communications, following the words “We have no sympathy for terrorists” with a “But” generally means you’ve gone badly off message—even if you wedge a few...
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In this latest dust-up between Apple and the FBI, Apple says that the FBI is asking for much more than access to one encrypted IPhone. Tim Cook writes that:
Building a version of iOS that bypasses secu...
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In my view, at least, Justice Scalia's public statements on national security issues and his one majority(-ish) opinion in a "canonical" national security case (in Ashcroft v. al-Kidd) could lead folks r...
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When I first read the court order in the San Bernardino case, I thought it was reasonable, as it is both technically plausible and doesn't substantially impact user security for most people. Even if App...
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This lede from the New York Times's Charlie Savage says it all:
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Months after the attack in San Bernardino, a U.S.
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As just about everyone knows by now, the FBI has worked hard over the past year or so to draw attention to the "going dark" trend (i.e., the idea that the FBI is losing the practical capacity to execute ...
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Imposing sanctions on terrorist groups has revealed pathologies on both sides of the Atlantic. In the US, as David Phillips and Kelly Berkell recently noted, both politics and bureaucratic inertia make l...
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David Sanger has a new story (U.S. Had Cyberattack Plan if Iran Nuclear Dispute Led to Conflict) that leaves a very important question unanswered.
Here’s the key paragraph:
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Over the weekend, Supreme Court Justice Antonin Scalia was found dead at a Texas resort.
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Justice Antonin Scalia’s views on much of national-security litigation are embodied in an awkward moment during my clerkship interview. Justice Scalia, like most judges, believed that an aspiring law cle...
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Yesterday, the ACLU filed a letter in the ongoing case ACLU v. CIA regarding the release of former CIA Director Gen. Michael Hayden's autobiography, which according to the book's description, covers Hayd...