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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.
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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... -
The Salahi Saga Continues
You might remember Mohamedou Ould Salahi—Guantanamo detainee, author and memoirist, subject of a brutal interrogation, important source on Al Qaeda, and all around fascinating human puzzle. -
Steptoe Cyberlaw Podcast, Episode #94: An Interview with Mike Daugherty
With Wyndham’s surrender to the FTC after a brutal court of appeals opinion, the last outpost of resistance to the FTC’s cybersecurity agenda is Mike Daugherty, CEO of LabMD. He joins us on the show thi... -
"Law Enforcement Has Access to So Much More Data Now That It Makes Up for Losses Due to Encryption"--Unpacking This Claim
Today’s New York Times reports that Apple is pushing back on British demands for back doors to encrypted information in part by arguing that “Law enforcement today has access to more data — data which th... -
Jihadology Podcast: A History of Lebanese Sunni Jihadism
Bernard Rougier comes on the show to discuss Lebanese Sunni jihadism. Some of the topics covered include: -
A Response to Senator Feinstein
A quick response without getting into the weeds about why I find Senator Feinstein's post so disheartening. Let me be clear: I agree with her normative position that the CIA's "enhanced interrogation tec... -
Book Review: Cully Stimson Takes on Power Wars
“Governing had turned out to be more complicated than criticizing from the private sector or campaigning.” –a senior Obama administration official.
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