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We Need to Secure Voting Machines. But From What?
On Wednesday, I testified before the House Judiciary Subcommittees on Information Technology and Intergovernmental Affairs about the cybersecurity of voting machines. -
Rational Security: The "Power of Delusional Thinking" Edition
Mike Flynn signals that he may be cooperating with Robert Mueller’s investigation. President Trump thinks the investigation may be nearing its end. And the U.S. plans to stay in Syria even after ISIS is ... -
On Waiving the Jerusalem Embassy Act (or Not)
Editor's Note: The discussion of section 7(b) of the Jerusalem Embassy Act has been revised since original publication. -
Today's Headlines and Commentary
The Trump administration plans to instate Mike Pompeo, the current director of the CIA, as secretary of state within the next few weeks, the New York Times reports. Sen. -
The Chinese Hacking Indictments and the Frail “Norm” Against Commercial Espionage
On Monday, the Justice Department unveiled an indictment of three Chinese nationals employed by Chinese cybersecurity firm Boyusec (博御信息), charging them with hacking into the computer systems of Moody’s ... -
Does Congress Care That the President Controls International Law?
We have a new draft paper, forthcoming in the Harvard Law Review, on how extensively the president has come to control international law for the United States, and what, if anything, should be done about... -
Why the Trump Administration’s Policy on Pakistan is Likely to Fail
Editor’s Note: This piece originally appeared on Order from Chaos. -
Summary: United Kingdom Data Protection Bill
In its 2017 manifesto, the U.K. Conservative and Unionist Party committed itself to “enshrining [the U.K.’s] global leadership in the ethical and proportionate regulation of data” with a new data protect... -
No Privacy Shield, No Parachute?: The Brexit Cliff Edge and Data Regulation
Recent weeks have seen turmoil for Theresa May and her government. International Development Secretary Priti Patel and Defense Secretary Michael Fallon both resigned, and First Secretary of State Damian ... -
Document: House Permanent Select Committee on Intelligence FISA Amendments Reauthorization Act of 2017
The House Permament Select Committee on Intelligence (HPSCI) has released its version of the FISA Amendements Reauthorization Act of 2017. You can find the document here: -
The Lawfare Podcast: Orin Kerr on Carpenter
The Supreme Court heard oral arguments Wednesday in Carpenter v. United States, a major Fourth Amendment case asking whether a warrant is necessary before law enforcement can obtain cell site data identi... -
In Defense of the Mosaic Theory
As the Supreme Court begins its formal consideration of the Carpenter case, it seems useful to me to finally take up the challenge that my friend, Orin Kerr, has often laid down -- he asks why nobody is ...
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