Latest in Highlights
Published by The Lawfare Institute in Cooperation With 
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New Draft Article, "A Rule of Lenity for National Security Surveillance Law"
I recently posted a new draft article on FISA reform, A Rule of Lenity for National Security Surveillance Law, forthcoming in the Virginia Law Review. Here's the abstract: This essay argues that Congr... -
ODNI Clarifies New Pre-Publication Review Policy
On Friday I said that on a quick read, the Obama administration’s new pre-publication review policy seemed "overbroad to the point of practically unenforceable.” Friday afternoon, as Marty Lederman not... -
Samantar Again Seeks Supreme Court Review
For the third time in five years, the Samantar case is back before the Supreme Court. -
The Foreign Policy Essay: Is Yemen’s Government Complicit with Al-Qaeda?
Editor’s Note: Yemen is among the most vexing allies the United States has in the struggle against terrorism. Like Pakistan, the government in Sana’a is both a key partner and part of the problem. On the... -
Lawfare Podcast Episode #74: An Overview of U.S.-China Relations
Michael O'Hanlon of the Brookings Institution has co-authored Strategic Reassurance and Resolve: U.S.-China Relations in the Twenty-First Century with Jim Steinberg, Dean of Syracuse’s Maxwell School. Th... -
DOJ Seeks Broader Search Warrant Authority to Combat Botnets
That's the report from Ellen Nakashima of the Washington Post. According to her: "The Justice Department is seeking a change in criminal rules that would make it easier for the FBI to obtain warrants -
The Week that Was: All of Lawfare in One Post
As the week began, Ben noted that the last few weeks have been fairly kind to NSA. Ben hypothesized that the story may finally be blowing over. Well, maybe not quite over. Jack critiqued a new DNI direc... -
On Tsarnaev and the Inspectors General Review: a Response to Philip Heymann
I was troubled by Philip Heymann’s Lawfare critique of the joint Inspectors General review of the government’s pre-Boston Marathon bombing investigation of Tamerlan Tsarnaev. There is much to commend in ... -
The Wrong Way to Deal with the ICANN/IANA Transition
We have written previously about the decision by the Department of Commerce (through the NTIA -- the National Telecommunications and Information Administration) to transition control of the Internet Assi... -
More on Al-Nashiri's D.C. Habeas Petition
Come and get it: a new trove of recently filed and/or unsealed pleadings in the closely watched and vigorously debated case of Al-Nashiri v. -
Today's Headlines and Commentary
The United Nations issued a human rights report yesterday on the situation in South Sudan. The New York Times explains that report draws attention to the horrors being committed by both government and re... -
The Latest Obama Administration Anti-Leak Initiative
Charlie Savage reports: The Obama administration is clamping down on a technique that government officials have long used to join in public discussions of well-known but technically still-secret informat...
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