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The Good Reasons to Not Charge All Terrorists With Terrorism
The FBI announced yesterday that it is investigating the San Bernardino shooting as an act of terrorism. Following the Planned Parenthood shooting in Colorado Springs, San Bernardino is the second ideolo... -
The Fortnight That Was: All of Lawfare in One Post
Ben shared 10 reasons to support Lawfare this holiday season. We promise the “big plans for the coming year that you really want us to be able to afford” are incentive enough but, in case you need more, ... -
An On The Spot Analysis of Today's Developments in the San Bernardino Attacks
I’ll begin this post with the marker that it is based on public reports on the San Bernardino attack as they developed today. Those reports and facts are evolving daily, even hourly. Just this evening, a... -
George Washington University Releases ISIS in America Report and Material Support Database
Lorenzo Vidino and Seamus Hughes of the Program on Extremism at George Washington University released an excellent report earlier this week entitled ISIS in America: From Retweets to Raqqa. The report, c... -
Today's Headlines and Commentary
Tashfeen Malik, the female suspect in the San Bernardino shooting that killed fourteen people, reportedly pledged allegiance to ISIS via Facebook. Yet instead of taking directions from the group, one off... -
The Supreme Court’s Anodyne Opinion in Sachs v. OBB Personenverkehr
This week the Supreme Court issued a unanimous decision in Sachs v. OBB Personenverkehr. As expected, the Court held that OBB, a railroad owned by the Austrian government, was immune under the Foreign S... -
Lawfare across the Atlantic: House of Commons Library Briefing Paper on Military Action in Syria
The U.K. House of Commons Library has released a briefing paper on the "Legal basis for UK military action in Syria." The paper includes a full discussion of the implications of UN Security Council Resol... -
Agreements on Commercial Cyber Espionage: An Emerging Norm?
When the U.S. and China reached an agreement in late September not to engage in commercially motivated cyber espionage it was viewed as a significant step forward in cybersecurity relations between the t... -
MLAT Reform Proposal: Eliminating U.S. Probable Cause and Judicial Review
Jennifer Daskal and Andrew Woods recently put forth a reform proposal for law enforcement demands for communications content across national borders. Their proposal is the product of extensive consultat... -
Rand Paul -- Nativist and Isolationist
Senator Rand Paul is at it again. Not content with his earlier benighted effort to halt the flow of refugees to America he also, apparently, wants to cripple the economy. Last night Senator Paul introd... -
e-Residency in Estonia, Part I: Wherein I Apply to Digitally Betray My Country
This week, I had the pleasure of hosting the third Hoover Book Soiree, which featured Edward Lucas of the Economist talking about his new book, Cyberphobia: Identity, Trust, Security, and the Internet. (... -
The Administration Wants an ISIL AUMF to Prop Up Troop Morale
Secretary of Defense Carter and Chairman of the Joint Chiefs of Staff Dunford testified Tuesday before the House Armed Services Committee. The news was that JSOC will play a bigger role against ISIL in ...
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