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Editor's Note: this is the second in a series of four posts by David Kris, on large-scale surveillance reform.
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The President will give a speech on counterterrorism at the National Defense University on Thursday, reports the WP:
A White House official, speaking Saturday on the condition of anonymity to describe th...
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On the Lawfare menu this week was a lot of discussion of the 2001 Authorization for the Use of Military Force, docket updates in a number of related court cases, detention matters, surveillance law, two ...
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Editor's Note: This is the first in a series of four posts, in which David S. Kris discusses the possibility of wide-ranging reform to U.S. surveillance law.
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The dictionary defines a "kris" as "a Malayan and Indonesian stabbing or slashing knife with a scalloped edge." On this site, however, The Way of the Kris is not some new Mark Mazzetti book about Obama a...
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Melissa Hathaway has a new essay that argues for putting cybersecurity and related issues on the G20 agenda:
To counteract these [cybersecurity] risks, some governments and businesses are turning to inte...
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Carrie Cordero, Georgetown’s Director of National Security Studies and a former Justice Department official, writes in with these thoughts on the AP subpoenas controversy and background law:
In light ...
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Earlier today, the House Judiciary Committee held a hearing entitled "Eyes in the Sky: the Domestic Use of Unmanned Aerial Systems." The four-witness panel included two experts familiar to Lawfare reade...
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Peter Margulies, of Roger Williams School of Law, writes in with these comments on law, ethics, and the hunger strike ongoing at Guantanamo:
The hunger strike at Guantanamo has put bioethics on the front...
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The Department of Justice's Inspector General released an interim report on the Department's handling of "known or suspected" terrorists who have entered the government's witness protection program. The...
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A common assumption in the debate about the appropriate legal regime for extra-AUMF threats is that the AUMF is cabined and cannot be extended to newly threatening Islamist terrorist threats. Yesterday’...
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The New York Times has a story about the problems of expanding CALEA to on peer-to-peer communications. The story discusses a Center for Democracy and Technology report on the topic by several experts. ...
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It's been a rough week for the Obama Administration. In addition to outrage over IRS targeting of conservative groups and continued conspiratorial rumblings about the Administration's response to the Ben...
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There's been a flurry of Lawfare posts on today's hearing, before the Senate Armed Services Committee, on the 2001 Authorization for the Use of Military Force. The video of the hearing can be viewed here...
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Let’s begin with the 100 pages of Benghazi emails released by the White House yesterday, as it went into full damage control mode. Reuters reports that the talking points on Benghazi were scrubbed of ref...
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I participated in an extraordinary hearing before the Armed Services Committee today on the scope of the AUMF. Lawfare readers interested in the scope of the AUMF will want to watch the hearing video ca...
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I've been in Germany all week (at the George C.
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Ben quotes from this morning's Washington Post editorial on AUMF reform, the last two sentences of which assert that "Countering the jihadists with intelligence and law enforcement tools manifestly faile...
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The Washington Post this morning has this editorial on AUMF reauthorization. It opens:
THE OBAMA administration’s political and legal authority to wage war against al-Qaeda has steadily eroded. Both libe...
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For those who'd prefer the shorter version of Jen Daskal and my draft paper on life "After the AUMF," we've got a short op-ed out in today's New York Times with a far less alliterative title: "Don't Expa...
