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German IT Cybersecurity Proposal
As America continues to consider legislation for improving cybersecurity, the actions of other Western nations may (or may not) be of influence and interest. I recently received a management summary of ... -
New Draft of House CISPA Bill
The House Intelligence Committee has released a new draft of the Cybersecurity Intelligence Sharing and Protection Act. I think it is fair to say that the bill is becoming increasingly more moderate as ... -
Building a Cyber Liability System
Those who follow the blog will know that I am skeptical of the government's ability to construct a regulatory system for enhancing cybersecurity standards. I am often asked, however: "well, then what do... -
Opposition to the House Computer Fraud and Abuse Act (CFAA) Draft
Last week I noted that the House Judiciary Committee was circulating a proposal to reform the Computer Fraud and Abuse Act that was mostly a wish list for the Department of Justice. Yesterday a diverse... -
House Judiciary CFAA Bill
The House Judiciary Committee has released a draft cyber bill that would modify the Computer Fraud and Abuse Act. The bill is on a fast track as the House hopes to have a week of "cyber" legislation in ... -
Carter and Pearlstein on Prosecution and Counterterrorism (and the Question of Denied Areas)
Philip Carter and Deborah Pearlstein have posted a thoughtful essay at Foreign Policy that emphasizes the utility of civilian criminal prosecution as a counterterrorism option. I very much agree with th... -
The AUMF Will Soon Extend to Syria (If It Doesn't Already)
The WSJ has a story (behind paywall, I think) about the CIA “expanding its role in the campaign against the Syrian regime by feeding intelligence to select rebel fighters to use against government forces... -
Libya(?) and the Case for a New AUMF
While we appreciate Ben's answer to our question (and share his view that we’re reaching the point of the conversation where everything has been said and everyone has said it), we still fail to understan... -
A Question for Ben
Ben writes that it is the “political reality” that “any president is going to feel obliged to maintain counterterrorism on offense,” i.e., counterterrorism through military means, “and Congress—whining, ... -
After the AUMF, III: A Surreply to Jack
It’s quickly becoming apparent that we and Jack appear to be talking past each other on the merits of the Chesney/Goldsmith/Waxman/Wittes (CGWW) proposal for a new framework statute for “extra-AUMF threa... -
After the AUMF, II: Daskal and Vladeck Reply
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After the AUMF: A Response to Chesney, Goldsmith, Waxman, and Wittes
In the very first days after the horrific attacks of September 11, 2001, the Bush Administration asked Congress for broad statutory authorization to use military force to “deter and pre-empt any future a...
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