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Why the Supreme Court Doesn’t Need a National-Security Justice
Earlier this week, Shane Reeves and Winston Williams published a thoughtful call for a national-security lawyer to be appointed to the Supreme Court. I certainly have no interest in degrading the career ... -
United Nations Security Council Resolution 2270
On March 2, 2016, the United Nations Security Council (UNSC) unanimously passed Resolution 2270, which expands the scope of existing sanctions against the Democratic People’s Republic of Korea (DPRK). Th... -
Rational Security: The "It's a Feature Not a Bug" Edition
A New York magistrate judge says the government can’t force Apple to help the FBI extract information from an iPhone. Forty percent of analysts at the U.S. military’s Central Command say the “integrity” ... -
e-Residency in Estonia, Part III: Wherein I Use My New Digital Identity Card to Swap Letters with the President
The other day, I received a letter from Estonian President Toomas Hendrik Ilves. It came in the form of an unadorned Microsoft Word file called "wittes.docx." It did not bear President Ilves's John Hanco... -
2/24 Session: The “Bird Noises and Vibrations” Edition
Judge Pohl begins with the usual business. We are now going on day four with no Bin ‘Attash. As for changes to the legal staff, James Connell, counsel for al-Baluchi, notes the absence of their linguist ... -
2/23 Session: The "Touhy" Edition
We pick up the February 23 session in the afternoon, with Col. Pohl presiding. (Transcripts from the morning session were not released.) Khalid Sheikh Mohammad, who was absent in the morning session, has... -
Today's Headlines and Commentary
In his remarks at a conference on computer security, Defense Secretary Ash Carter said that he opposed “back doors or a single technical approach” for accessing data on encrypted devices. While urging in... -
Privacy Shield’s Prospects: The Good, the Bad, and the Ugly
If the devil is in the details, then the announcement early Monday of the inner workings of the new US-EU data-transfer agreement, Privacy Shield, may lack the granularity the deal needs to flourish. The... -
Cyber Sanctions and Idle Threats
As a young boy, I would sometimes be bullied by my peers. But even worse than the bullying was the perception of being unable to respond. If I said something like "do that again and I'll hit you" the h... -
The Expeditionary Targeting Force in Iraq: Putting the Short-Term Military Detention Model to the Test
It is commonly said that the Obama administration rejects the use of military detention, and understandably so. Many factors support that characterization, after all: no new detainees have been brought ... -
Steptoe Cyberlaw Podcast: Hostfull II
Due to technical difficulties, the interview for the 103rd episode will be released as a separate post next week. In the news roundup, we explore Apple’s brief against providing additional assistance to ... -
Today's Headlines and Commentary
FBI Director James Comey acknowledged that his agency may have lost the chance to extract data from the iPhone belonging to one of the San Bernardino attackers. During a hearing before the House Judiciar...
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