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Christmas in the Trenches -- 2016
To all Lawfare readers, warm wishes for a happy and peaceful New Year.
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Explaining U.S. Surveillance Law Protections for an EU Audience
In October, the European Court of Justice and its Advocate General struck down as unlawful the EU/US Safe Harbor, which since 2000 has been a major way that US-based businesses could comply with the rela... -
"Back Doors for Good Guys Means Back Doors for Bad Guys"--Unpacking Another Claim
Tim Cook deserves huge amounts of credit for saying in plain language what the opponents of back doors are saying. In another article, this time in Computerworld, Cook is quoted as saying that "But th... -
The Salahi Saga Continues
You might remember Mohamedou Ould Salahi—Guantanamo detainee, author and memoirist, subject of a brutal interrogation, important source on Al Qaeda, and all around fascinating human puzzle. -
Steptoe Cyberlaw Podcast, Episode #94: An Interview with Mike Daugherty
With Wyndham’s surrender to the FTC after a brutal court of appeals opinion, the last outpost of resistance to the FTC’s cybersecurity agenda is Mike Daugherty, CEO of LabMD. He joins us on the show thi... -
"Law Enforcement Has Access to So Much More Data Now That It Makes Up for Losses Due to Encryption"--Unpacking This Claim
Today’s New York Times reports that Apple is pushing back on British demands for back doors to encrypted information in part by arguing that “Law enforcement today has access to more data — data which th... -
Jihadology Podcast: A History of Lebanese Sunni Jihadism
Bernard Rougier comes on the show to discuss Lebanese Sunni jihadism. Some of the topics covered include: -
A Response to Senator Feinstein
A quick response without getting into the weeds about why I find Senator Feinstein's post so disheartening. Let me be clear: I agree with her normative position that the CIA's "enhanced interrogation tec... -
Book Review: Cully Stimson Takes on Power Wars
“Governing had turned out to be more complicated than criticizing from the private sector or campaigning.” –a senior Obama administration official. -
A Reply to Amy Zegart on the SSCI Study of the CIA’s Detention and Interrogation Program
I was extremely disappointed to read Professor Amy Zegart’s post regarding the Senate Intelligence Committee’s study of the CIA Detention and Interrogation Program. Not only did it include factually ina... -
The Six Faces of the Islamic State
In the rhetoric of American leaders, the Islamic State is a terrorist group. The terrorism label, while accurate, is also misleading, obscuring more than it enlightens. One of the top scholars of terrori... -
The Lawfare Podcast: ISIS in America: Disrupting Retweets from Raqqa
This week, we asked Lorenzo Vidino and his co-author, Seamus Hughes, both from the George Washington University Program on Extremism, into the studio to discuss their new report, “ISIS in America: From R... -
The Week That Was: All of Lawfare in One Post
Aaron Zelin brought us the latest edition of the Jihadology Podcast, which features Aymenn al-Tamini in a discussion of the Islamic State’s finances and economic situation. Specifically, the two shed lig... -
Two Important Correctives on Proportionality and Operation Protective Edge
Interesting corrective responses to my post earlier this week on different types of proportionality and Israel's 2014 Operation Protective Edge in Gaza. -
Today's Headlines and Commentary
Editor’s Note: Lawfare’s Headlines and Commentary will be at the beach next week. We’ll be back in your inbox on Monday, December 28th. Happy Holidays and Merry Christmas! -
ICANN Heads for .... Who Knows What?
Readers of this blog know that a consequential decision about internet governance looms on the horizon -- the decision of the US goverment to relinquish its contractual control over the Interent Assigned... -
Hot Commodities: No Plan B
No Plan B Over the weekend, 195 nations agreed to limit greenhouse gas emissions to whatever extent is necessary to limit global warming to less than two degrees Celsius. This is good news because, as ... -
Today's Headlines and Commentary
Let’s begin today in Russia, where President Vladimir Putin delivered his annual televised news conference, discussing subjects ranging from Syria, Ukraine, Turkey, and Donald Trump. -
Rational Security: The "Carpet Bombs and Chicken Hawks" Edition
This week on Rational Security, special guest Will McCants joins Shane and Tamara to figure out what ISIS must have thought about the Republican presidential candidates’ plans to carpet bomb them. We ask... -
Congress Is About To Vote On an AUMF Against ISIL, Quietly and Without Debate
I have not read the vast majority of the 2000-page Omnibus bill that contains the fiscal year 2016 Defense Appropriations bill. But presumably Representative Hal Rogers, the Chairman of the House Approp...
More Articles
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The Situation: Standing Around in Washington, D.C.
What the National Guard is really doing here -
In Russia, Pardoned Former Convicts Return Home From War
Russia has promised pardons to former convicts who volunteer in the war. Only eventually, some may return home—bringing violence with them. -
Lawfare Live: Trials of the Trump Administration, Aug. 29
Join the Lawfare team at 4 pm ET for a discussion of the litigation targeting actions from President Trump.