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Path Dependence and the Pre-Publication Review Process
Editor's Note: This post also appears on Just Security. -
Today's Headlines and Commentary
We return today to the news that Iraqi security forces have retaken most of Ramadi from Islamic State militants. Ramadi, the capital of Anbar province, fell to ISIS in May. -
The Islamic State: Why It Is Staying, Why It Is Expanding, and Why No One Is Really Fighting It
Why do all the powers supposedly arrayed against the terrorist organization calling itself the Islamic State (IS) seem incapable to date of effectively hitting its strongholds in Syria? -
Omnibus Bill Creates One Billion Dollar Fund for Victims of Terrorism (and allows up to $250 million to go to their attorneys)
Buried at the end of the Consolidated Appropriations Act signed by President Obama on December 18 is a long and complex provision that creates a new “United States Victims of State Sponsors of Terrorism ... -
More Problems with Prepublication Review
Editor's Note: This post also appears on Just Security. -
The Broken Prepublication Review Process
Oona Hathaway and I have an op-ed in the Washington Post today about the USG pre-publication review process’s “pervasive and unjustifiable harms to freedom of speech.” The gist: -
A LOAC Dream—Or How You know When You Need a Few Days Off
It was in the middle of an intense week of briefings and meetings in Israel last week that I awoke in my hotel room from a dream in which, my amused son told me, I had been babbling audibly, if not coher... -
MLAT Reform: Who Decides?
This is the final post in a series analyzing the Daskal-Woods reform proposal for law enforcement demands for communications content across national borders. Daskal and Woods have proposed that countrie... -
The Problems CISA Solves: ECPA Reform in Disguise
Omni-CISA has passed. Privacy advocates are waxing outraged and pundits are tallying the winners and losers. Over at Just Security, Jennifer Granick ominously warns that: -
Christmas in the Trenches -- 2016
To all Lawfare readers, warm wishes for a happy and peaceful New Year. -
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...
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