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53 Columbia Journal of Transnational Law No. 3, p. 507 (2015). Available on SSRN.
The status of covert activities by a government in international law is an under-discussed topic in legal scholarship, e...
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This weekend the New York Times ran a lengthy piece about SEAL Team 6, with the dramatic subtitle “A Secret History of Quiet Killings and Blurred Lines: The unit best known for killing Osama bin Laden ha...
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The OPM intrusion has grave implications for the personally identifiable information of the four million present and former employees whose data was compromised. As this post on Hacking as Offensive Cou...
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One thing I love about the various annual authorization bills is that they often contain very interesting but little-noticed provisions. The Intelligence Authorization Act for Fiscal Year 2016, which HP...
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The decision in Zivotofsky v. Kerry, a blockbuster foreign policy-related Supreme Court case that many of us have been watching carefully, was just released: The DC Circuit is affirmed. The President hol...
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Senator Whitehouse's thoughtful commentary on "Why Americans Hate Government Surveillance but Tolerate Corporate Data Aggregators" deserves consideration by everyone -- he asserts that corporate interest...
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The Greek word "omphalos" designates the center of the world, a spot usually containing some sort of stone. The ancient Greeks believed the omphalos to lie in Delphi. For many Christians and Jews, it lie...
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It is a great pleasure to welcome readers to Lawfare’s new web site.
Nearly five years ago, we announced what was then an incipient blog by three friends:
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The production of this new Lawfare site was a long process. It wasn't simple. It involved a huge amount of effort by lots of people. And it wasn't cheap. So this is the part where we pass around a collec...
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Event Announcements (More details on the Events Calendar)
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Reports that China (most likely) has breached Office of Personnel Management (OPM) systems and stolen personal information (PI) of over four million current and/or former federal employees raises all sor...
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Editor’s Note: The United States would like to compartmentalize the Iran nuclear deal, continuing to oppose Iran’s subversion in the Middle East and hostility to Israel while assuring regional allies tha...
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Tamara is still away, so this week's Rational Security postcast featured special guest Nancy Yousseff of the Daily Beast. She joined Shane and me for a discussion of the USA Freedom Act's passage, Sheldo...
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As I announced on Friday, the Lawfare site on I am typing these words will, less than 48 hours from now, be a thing of the past. The site has given yeoman's service. But as they say in Ecclesiastes, ther...
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On Tuesday, the USA Freedom Act passed the Senate, was signed by the President, and became law. However, the enactment came almost two full days after key provisions of the USA Patriot Act had expired---...
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Fair warning: On Monday morning, Lawfare will look different---very different.
For the last year, we have been rebuilding the site. What began as a small blog of three friends has become an institution ...
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Charlie Savage of the New York Times writes in response to my post this morning critiquing
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Yesterday, the Obama administration announced a massive breach of federal employees’ data affecting at least four million government workers. The New York Times reports that the hack, which was first det...
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This looks very interesting. I haven't watch it yet, but I have heard good things.
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"Without public notice or debate, the Obama administration has expanded the National Security Agency‘s warrantless surveillance of Americans’ international Internet traffic to search for evidence of mali...
