Latest in Highlights
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Twitter, ISIS, Civil Liability, and Immunity: An Update
A few months ago, Zoe Bedell and I wrote a series of posts about Twitter and potential liability -
The War Against ISIS is Unconstitutional
As I explained in a New York Times op-ed today, Captain Nathan Smith has gone to court for a declaratory judgment on the legality of President Obama’s undeclared war against the Islamic State. While I en... -
Public v. Private Collection: It All Comes Down to Power
One issue that arose during the recent Hoover panel on protecting privacy with big data related to a frequently posed question: Why do we, as a society, appear to object more strenuously to the governmen... -
Rational Security: The "Never Say Never Trump Again" Edition
Donald Trump becomes the presumptive Republican nominee for president after an overwhelming primary victory in Indiana. Iraq and Syria are in meltdown; why is this time any worse? And the Supreme Court ... -
Will Obama’s Targeted Killing Policy Say What “Areas of Active Hostilities” Means?
Recently, the Obama Administration announced that it will soon release a redacted version of its Presidential Policy Guidance (PPG) governing the use of force in counterterrorism operations outside the U... -
Today's Headlines and Commentary
Petty Officer First Class Charles Keating IV was identified by a family member as the Navy SEAL who was killed during an Islamic State assault in Iraq. Speaking on Keating's death, the White House reaffi... -
Foreign Official Immunity: Lawsuits Against Foreign Government Officials in U.S. Courts
I have an article in the May issue of the Washington Diplomat, the magazine for the diplomatic community, entitled "Legal Minefield: Lawsuits Force Foreign Governments to Navigate U.S. Court System" that... -
Steptoe Cyberlaw Podcast: An Interview with Gen. Michael Hayden
Our guest for episode 114 is General Michael Hayden, former director of the NSA and CIA; he also confirms that he personally wrote every word of his fine book, Playing to the Edge: American Intelligence ... -
Will Anyone Make the National Security Case for Donald Trump?
Yesterday, Carrie Cordero opened her piece urging voters to reject Donald Trump by noting that "Benjamin Wittes assures me that he is prepared to publish the serious national security case for voting Tru... -
Analysis of Lawsuit Challenging War Against ISIL
Charlie Savage reports that Captain Nathan Michael Smith, an army intelligence officer deployed in Kuwait, has brought a lawsuit challenging President Obama’s interpretive extension of the 2001 AUMF in r... -
A Camera in My Shower? Fine
During the recent panel event at the Hoover Institution on using data to protect privacy, I had an interesting exchange with Laura Donohue of Georgetown Law, which I’ve been mulling over ever since. -
Hindsight: Reflections On Fifteen Years of the War on Terror
Video of the April 26 conference at the Fordham Law School Center on National Security on "Hindsight: Reflections On 15 Years of the War on Terror."
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