In an en banc decision issued yesterday, the Ninth Circuit ruled that an NCIS agent’s use of a software query to search military and civilian computers throughout Washington state for child pornography v...

As memories of 9/11 continue to fade, courts are increasingly becoming bolder and more confident in asserting their oversight role over national security matters. Last week’s Sixth Circuit ruling in Mokd...

The United Kingdom is a surveillance state, one far beyond the world envisioned by George Orwell. Between the GCHQ's efforts to bulk-record Internet traffic at the UK's borders, the modern data collected...

When the Lights Go Out in the City

Last week, Ingrid Wuerth flagged Spokeo, Inc. v. Robins for Lawfare readers as one of the key national security law cases of the Supreme Court’s October 2015 Term. The Court held argument in Spokeo on Mo...

After the U.S.S. Lassen’s freedom of navigation operation (FONOP) in the Spratly Islands last week, we wrote that the Lassen and the accompanying P-8 Poseidon aircraft appeared to have conducted normal m...

As David Bosco hinted in his insightful Lawfare post from yesterday on the US-China showdown in the South China Sea, it turns out that the much-heralded U.S. “freedom of navigation operation” (FONOP) las...

Here is the statement from Chief Prosecutor Brig. Gen. Mark Martins at the close of a two-week series of pre-trial sessions in the military commissions case against five alledged 9/11 conspirators, Unite...

At the end of September, the United States and China reached an agreement that promising they would not engage in or support cyber espionage activity aimed at providing competitive advantage to commercia...

An alert reader in Moscow just sent us this photograph of a t-shirt for sale in the Russian capital. It says, "Support Assad," along with what appears to be an aerial bombing picture. The bottom left say...

Judge Pohl gavels the session to order. It appears, in contrast to some earlier pre-trial hearings, that almost all of the defendants are present in the court today. Only Mustafa al Hawsawi is the excep...

WBUR's "Here & Now" show on my martial arts challenge to Vladimir Putin:

The Canadian broadcasting company ran

In this post, I want to focus on a narrow slice of Charlie Savage's much-anticipated book Power Wars (published today...go ahead, order it now!), one that might not generate as much attention as the mate...

Much of the coverage of the USS Lassen's maneuver near the Subi reef in the South China Sea presented the operation as a challenge to Chinese maritime claims and island-building operations. But in fact t...