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Is Digital Injury “Real” Injury? Thoughts on Spokeo v. Robins
Last week, Ingrid Wuerth flagged Spokeo, Inc. v. Robins for Lawfare readers as one of the key national security law cases of the Supreme Court’s October 2015 Term. The Court held argument in Spokeo on Mo... -
What Did The Navy Do In the South China Sea?
After the U.S.S. Lassen’s freedom of navigation operation (FONOP) in the Spratly Islands last week, we wrote that the Lassen and the accompanying P-8 Poseidon aircraft appeared to have conducted normal m... -
The US Navy’s “Innocent Passage” In the South China Sea May Have Actually Strengthened China’s Sketchy Territorial Claims
As David Bosco hinted in his insightful Lawfare post from yesterday on the US-China showdown in the South China Sea, it turns out that the much-heralded U.S. “freedom of navigation operation” (FONOP) las... -
Chief Prosecutor's Statement from Close of 9/11 Pre-Trial Hearings
Here is the statement from Chief Prosecutor Brig. Gen. Mark Martins at the close of a two-week series of pre-trial sessions in the military commissions case against five alledged 9/11 conspirators, Unite... -
Steptoe Cyberlaw Podcast, Episode #87: An Interview with Ari Schwartz
What good is CISA, anyway? Now that both the House and Senate have passed information sharing bills that are strikingly similar but not identical, the prospects for a change in the law are good. But wha... -
What Effect Could Chinese Military Reorganization have on the Recent US-China Cyber Agreement?
At the end of September, the United States and China reached an agreement that promising they would not engage in or support cyber espionage activity aimed at providing competitive advantage to commercia... -
For Sale in Moscow: "Support Assad" Shirts
An alert reader in Moscow just sent us this photograph of a t-shirt for sale in the Russian capital. It says, "Support Assad," along with what appears to be an aerial bombing picture. The bottom left say... -
10/29 Session: No, You Can’t Fire Your Attorney
Judge Pohl gavels the session to order. It appears, in contrast to some earlier pre-trial hearings, that almost all of the defendants are present in the court today. Only Mustafa al Hawsawi is the excep... -
My Putin Martial Arts Challenge on CBC and NPR
WBUR's "Here & Now" show on my martial arts challenge to Vladimir Putin:The Canadian broadcasting company ran
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Understanding the Deeper History of FISA and 702: Charlie Savage's Power Wars on Fiber Optic Cables and Transit Authority
In this post, I want to focus on a narrow slice of Charlie Savage's much-anticipated book Power Wars (published today...go ahead, order it now!), one that might not generate as much attention as the mate... -
Today's Headlines and Commentary
As the United States continues to modify its strategy in Syria, the New York Times writes that the new U.S. -
How Far Did the United States Go with the Lassen Operation?
Much of the coverage of the USS Lassen's maneuver near the Subi reef in the South China Sea presented the operation as a challenge to Chinese maritime claims and island-building operations. But in fact t...