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Today's Headlines and Commentary
President Obama’s national security aides and top military advisers are pressing him to approve military force in order to counter Islamic State militants that analysts say are forming a new safe haven i... -
Is DOJ Rethinking Material Support Laws and Domestic Terrorism?
In December, following the Planned Parenthood shooting and San Bernardino attacks, I shared some thoughts on the differences between domestic and international terrorism laws in the U.S. There, I argued ... -
Simon v. Republic of Hungary—Summary in Brief
Last week, the D.C. Circuit removed a hurdle for a pending suit against the Republic of Hungary and the Republic’s state-owned railway company. Judge Sri Srinivasan, writing for a three judge panel in Si... -
Water Wars: U.S. Navy Back for FON in the South China Sea
On Saturday, the United States Navy conducted its second freedom of navigation operation (FONOP) in recent months. This time, the destroyer USS Curtiss Wilbur transited within twelve nautical miles of Tr... -
The Search for Hope and Safety
We are told that EU officials are only now discovering that most of the “refugees” whom they had welcomed into their countries are actually not refugees at all, but are, in fact, the long heralded and dr... -
Live: The Frontiers of Cybersecurity Policy and Law Conference
Today, the Strauss Center at the University of Texas-Austin hosts a unique and timely conference focused on the legal and policy dimensions of cybersecurity, which you can watch live here:Bel...
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Today's Headlines and Commentary
The United Nations has suspended the Syrian peace talks and urged the nations fueling the conflict to do more to yield better results. Staffan De Mistura, the U.N. mediator, emphasized that the stalled p... -
A Response to a Modest Backdoor Proposal
Ben Wittes makes a modest proposal to backdoor encryption by removing legal protections from service providers, but the modest proposal has some major problems. First, a backdoor mandate by any other nam... -
Rational Security: The "Deck Chairs on the Titanic" Edition
Tamara talks about the administration's revamping of its efforts to staunch ISIS recruitment. Shane discusses how the NSA is making the line between cyber attacks and defense even blurrier. And I have a ... -
Judge Denies Abu Khattala Request to be Returned to Libya and Spared Death Penalty
In a 20-page opinion, D.C. District Judge Christopher R. Cooper yesterday denied a request by Ahmed Abu Khattala to return to Libya and be spared the death penalty. Khatalla, who stands accused of orches... -
Today's Headlines and Commentary
When it unveils its annual budget request next week, the New York Times reports that the Obama administration will request $582.7 billion in defense funding. -
ISIS Was Born In An American Detention Facility (And It Wasn’t Gitmo)
Can we learn from our mistakes at Camp Bucca? -
Data on Visa Overstays
How many people are illegally present in the United States today? Nobody knows the exact answer of course, but the best estimates from the Pew Center (through 2014) puts the number at roughly 11.3 milli... -
Invitation to the Hoover Book Soiree: Orde Kittrie on "Lawfare: Law as a Weapon of War"
The fifth in a series of book soirees at the Hoover Institution's Washington Offices will take place on February 17th, when Jack Goldsmith will interview Orde Kittrie on his new book, Lawfare: Law as a W... -
Essentially Equivalent: A Comparison of the Legal Orders for Privacy and Data Protection in the E.U. and U.S.
Sidley Austin has released Essentially Equivalent: A Comparison of the Legal Orders for Privacy and Data Protection in the European Union and United States. The report—authored by a transatlantic team of... -
Apple's Going Dark Doublespeak
“Going Dark” is really two separate, if related, debates. Apple is looking to be the voice of the tech industry on both. The problem is that the company can’t seem to keep its story straight, and it is a... -
Is There a National Security-Law Enforcement Divide on “Going Dark”?
Prior to the release of the new Berkman Center report, which included input from both current and former national security officials, recent attention had been focusing on NSA Director Rogers’ comments l... -
Jihadology Podcast: al-Qaeda's Franchising Strategy
Barak Mendelsohn comes on the show to discuss his new book, The al-Qaeda Franchise: The Expansion of al-Qaeda and Its Consequences. Some of the topics covered include: -
New Issue of Harvard National Security Journal
The Harvard National Security Journal's fall issue, published earlier this week, may be of interest to Lawfare readers. Ashley Deeks of UVa Law School (and Lawfare) argues that intelligence agencies res... -
Today's Headlines and Commentary
Just under the wire, U.S. and European Union data-regulators today reached a new legal framework that will govern the transfer of data across the Atlantic. The new agreement, called the E.U.-U.S. Privacy...
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Security Vendors Are Constantly Being Attacked
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