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Which States Support the 'Unwilling and Unable' Test?
As readers of Lawfare know, a growing number of States believe that use of force in self-defense against a non-state actor on the territory of a third State, without the consent of that third State, may ... -
NSA Compliance and Congress’s Plan: How to Account for Flaws in the Metadata Program?
In the extraordinary transparency that followed Edward Snowden’s 2013 revelations, one tantalizing mystery remained: how did the NSA persist until early 2009 in querying metadata under the now-replaced s... -
"War-Algorithm Accountability": A Briefing Report from the Harvard Law School Program on Law and Armed Conflict
Congratulations to Dustin Lewis, Gabriella Blum, and Naz Modirzadeh on the publication, just a few weeks ago, of their exciting new book, War-Algorithm Accountability. -
The DNC Hack and (the Lack of) Deterrence
What Options Does the U.S. Have After Accusing Russia of Hacks?, asks the headline in the NYT story yesterday by David Sanger and Nicole Perlroth. To ask this question is to reveal once again the ineffe... -
To Promote Stability and Democracy in Africa, Focus on Its Militaries
Editor's Note: The United States is more engaged in Africa than ever before. This increasing role is occurring as Africa struggles with political liberalization: although we’ve seen impressive successes,... -
The Lawfare Podcast: Stephanie Leutert on Violence in Mexico and Central America
Stephanie Leutert, the Mexico Security Initiative Fellow at the University of Texas at Austin and the author of Lawfare's "Beyond the Border" series, joined Benjamin Wittes on this week's podcast to talk... -
The Week That Was: All of Lawfare in One Post
Benjamin Wittes explained why he is withholding commentary on reports that Yahoo is scanning emails for U.S. intelligence agencies, arguing that analysts should wait until the underlying documents are pu... -
Today's Headlines and Commentary
Moscow has warned the United States that the Russian military will use its air defense systems in Syria to stop any American attacks on regime forces, the Washington Post reports. Russia has deployed its... -
Steptoe Cyberlaw Podcast: An Interview with Ellen Nakashima
In episode 132, our threepeat guest is Ellen Nakashima, star cyber reporter for the Washington Post. -
Some Thoughts on Reuters, NY Times, and Yahoo
Benjamin Wittes flags that much of the Yahoo story is unclear, including legal arguments and the objective of the search, and further reporting from Motherboard and the Intercept further confuses the pos... -
Bridging the Internet-Cyber Gap: An Overview
In a paper released today at a Brookings panel discussion, I reflect on my experience in the Obama administration and draw lessons about policymaking on issues for that space. -
The National Security Gap and the Myth of an ISIS-Busting Trump
A week ago, Ben posed the following question about what might be termed the national security gap: How have we come to a place where at least partly in the name of national security, a huge swath of th...
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