As I noted on Friday, Senators Lieberman and Collins have released a Manager’s Amendment in the form of a substitute which reflects some significant changes to their original bill.  You can access the fu...

This op-ed in today's Wall Street Journal is part of the Administration's push for comprehensive cyber legislation.  Here's a taste of his views: It doesn't take much to imagine the consequences of a suc...

Late last night Senators Lieberman and Collins introduced revised cybersecurity legislation.  A short summary of the revised Cybersecurity Act of 2012 suggests that the major changes are 1) elimination o...

It's turned out to be a very big news day in national security litigation land... In addition to the extensive coverage of Aulaqi v. Panetta (to which I hope to add some thoughts of my own later tonight)...

As Ben noted last month, Judge Bates recently has shown some interest in possibly moving the Boumediene-at-Bagram case, Al Maqaleh v. Rumsfeld, along toward a resolution.  After several very quiet months...

Get your memo in support here. Government response due on July 23, I hear. The original opinion striking down Section 1021 of the NDAA is available here. And no, I will not be participating in this pan...

I received the following email just now--the first time in my life, and I suspect the last, that I ever been confused with a certain blogger over at Salon.com: From: Lucas Vazquez To: wittes.lawfare@gma...

Some time ago I began an answer to Jack Goldsmith on why I thought cybersecurity regulation was the wrong answer to our current cyber problems.  Other commitments, including paying clients!, got in the w...

Jessica Herrera-Flanigan certainly seems to think so and, honestly, I can't disagree with her.  From the article: Even if cybersecurity legislation does get through the Senate, there is not a clear path ...

As the prospects for real cybersecurity legislation seem to fade, this may be a product whose time has already come and gone.  Nevertheless, for those who want a handy chart outlining (in far too brief a...

Congratulations to Scott L. Silliman and William B. Pollard III, both of whom the Senate last night confirmed to be judges of the U.S. Court of Military Commission Review.  Both men must formally be swor...

Breaking: earlier today, the Senate Armed Services Committee approved its two pending nominees for judgeships on the Court of Military Commission Review - William Pollard, and Professor Scott L. Silliman...