In Al Nashiri v. Obama, a panel of the D.C. Circuit appeared to be leaning toward allowing the federal courts to address when hostilities began with al Qaeda. Al Nashiri is challenging the authority of ...

Editors Note: This piece originally appeared on Markaz.

Imagine that you are in the business of making safes. One day, you devise a novel safe for storing valuables. The safe is quite hard to break into, which is of course one of its selling points. But yo...

In the years since Edward Snowden claimed that U.S. intelligence agencies were tapping into Europeans’ personal data flowing to the United States through undersea cables, an icy distrust has prevailed be...

Note to Apple: As a general matter of strategic communications, following the words “We have no sympathy for terrorists” with a “But” generally means you’ve gone badly off message—even if you wedge a few...

In this latest dust-up between Apple and the FBI, Apple says that the FBI is asking for much more than access to one encrypted IPhone. Tim Cook writes that: Building a version of iOS that bypasses secu...

In my view, at least, Justice Scalia's public statements on national security issues and his one majority(-ish) opinion in a "canonical" national security case (in Ashcroft v. al-Kidd) could lead folks r...

When I first read the court order in the San Bernardino case, I thought it was reasonable, as it is both technically plausible and doesn't substantially impact user security for most people. Even if App...

This lede from the New York Times's Charlie Savage says it all:

As just about everyone knows by now, the FBI has worked hard over the past year or so to draw attention to the "going dark" trend (i.e., the idea that the FBI is losing the practical capacity to execute ...