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Readings: Ashley Deeks, "The Observer Effect"
UVA's (and Lawfare's own) Ashley Deeks has posted a new article to SSRN, "The Observer Effect: National Security Litigation, Policy Changes, and Judicial Deference," forthcoming (November 2013) in Fordha... -
Update in NYT v. Department of Justice
Here is a quick update in New York Times v. Department of Justice. That's the Second Circuit case regarding the DOJ's responses to Freedom of Information Act requests, filed by the New York Times and Am... -
NSA Fallout Continues -- Internet Governance May Change
One of the most significant questions in cyberspace is the long term governance of the domain. For years the United States has had an influential role in that governance (mostly, in my view, to the bene... -
The Week That Was: All of Lawfare In One Post
The big news heading into this week was that the U.S. conducted two nearly-simultaneous raids in Africa. -
SDNY Rejects Bid to Appoint Defense Counsel for Al-Liby
Politico's Josh Gerstein reports: A federal judge has rejected an attempt by defense lawyers to challenge the Obama administration's decision to hold alleged Al Qaeda member Abu Anas Al-Libi aboard a U.S... -
Bad Code: Part II
On a technical level, building secure software is really hard---but that's an argument for, not against, an intelligently designed liability regime. -
Today's Headlines and Commentary
The Norwegian Nobel Committee has awarded the Nobel Peace Prize to the Organization for the Prohibition of Chemical Weapons. The O.P.C.W. was founded in 1977 and was recently deployed to Syria after chem... -
German Intelligence Admits Email Spying
So reports the Wall Street Journal. As one of my colleagues commented "is anyone surprised?" Here's the lede: Germany’s foreign intelligence service acknowledged tapping data flowing through a key Fran... -
Obama and Alexander, Bush and Tenet
Over at Foreign Policy, Shane Harris has a piece suggesting that folks at NSA feel abandoned by President Obama's failure to defend the agency aggressively: Gen. Keith Alexander and his senior leadership... -
Government Shutdown? Guantanamo Detainee Seeks Oral Argument, Anyway
An intriguing development in a Guantanamo-related case ongoing during the government shutdown: detainee Ahmed Adnan Ajam, who challenges Guantanamo transfer restrictions as incompatible with the Constitu... -
Al-Libi and Detention at Sea
While no navy captain likes stormy weather, the controversy over the temporary detention on a navy vessel of the captured Al Qaeda leader Abu Anas al-Libi is a tempest in a teapot. As John Bellinger not... -
Critical Thoughts on New Report on Obama Leak Crackdown
Today the Committee to Protect Journalists published a very critical report on the Obama administration’s efforts to crack down on leakers and control the flow of secret information from government offic...
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