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Civil Liability for End-to-End Encryption: Threat or Fantasy? Part II
In the first part of this series, we looked at the question of whether Apple could be held liable in a negligence tort for refusing to retain the ability to provide law enforcement with decrypted communi... -
Today's Headlines and Commentary
Reports indicate that longtime Taliban leader Mullah Mohammed Omar is dead… yet again. -
Defending Broadened U.S. Strikes Against al Shabaab?
A few days ago, Paul McCleary at Foreign Policy reported on U.S. airstrikes against al Shabaab, undertaken in defense of AMISOM forces. McCleary asked, “Is there a new U.S. airstrike policy in East Afri... -
Disappearing “Legal Black Holes”
It has been quite common in the last decade, when difficult legal questions were raised about individual rights and judicial review—the rights, for example, of noncitizen military detainees at Guantanamo... -
Another Arrest of a U.S. Citizen Allegedly Inspired by ISIL to Plot an Attack
Matt Apuzzo and Michael Schmidt had a piece in the New York Times yesterday discussing the Justice Department's shift towards aggressive and early intervention in cases involving suspected ISIL followers... -
Steptoe Cyberlaw Podcast, Episode #77: An Interview with Bruce Andrews
Our guest for episode 77 is Bruce Andrews, the deputy secretary of the Commerce Department. Alan Cohn and I pepper Bruce with questions about export controls on cybersecurity technology, stopping commerc... -
Today's Headlines and Commentary
NATO ambassadors met in Brussels today to discuss Turkey’s security situation: In response to a series of terror attacks within its borders, Turkey “has begun firing against... Islamic State positions in... -
NSA Will Destroy Section 215 Records
According to the Office of the Director of National Intelligence, the National Security Agency will no longer access the historical metadata collected under Section 215 after the 180-day transition perio... -
White House Responds to Petition to Pardon Edward Snowden
Today, the White House released a response to a petition to pardon Edward Snowden. The original petition, filed on June 9th, 2013, has received 167,954 signatures and reads: Edward Snowden is a nationa... -
HFAC Hearing on Iran Deal
Secretary of State John Kerry, Secretary of the Treasury Jack Lew, and Secretary of Energy Ernest Moniz provided testimony on the Iran nuclear deal today before the House Foreign Affairs Committee. You... -
The Best US Database to Hack? A Lawfare Contest
Yesterday, each of us considered the question of which unclassified databases in the U.S. would be worth it for the Chinese to hack next. In writing these pieces, we realized that this is what the milita... -
A Public Split: Listening to the Conversation at Aspen
What the Aspen Security Summit brought this year were strong words by former Secretary of Homeland Security Michael Chertoff and former Director of the National Counterintelligence Center Michael Leiter ...
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