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Read Out on Today's GTMO Hunger Strike Hearing
Last week, U.S. District Judge Gladys Kessler entered a temporary restraining order in a habeas case filed by Guantanamo detainee Jihad Dhiab. Among other things, and most interestingly, her ruling tempo... -
The U.S. Corporate Theft Principle
David Sanger’s piece in this morning’s NYT explores the USG’s attempts to justify cracking down on cyber-theft of intellectual property of U.S. firms while at the same time continuing to spy on non-U.S. ... -
Schneier on Hoarding v. Patching Vulnerabilities
Bruce Schneier has a very good piece on whether the USG should “stockpile Internet vulnerabilities or disclose and fix them.” Part of his answer: If vulnerabilities are sparse, then it's obvious that e... -
More Thoughts on the DOJ China Indictment
Jack has already offered a number of thoughts on the indictment yesterday of 5 Chinese PLA members for cyber espionage. Let me offer a few additional thoughts that pick up on some of those threads: If... -
Why Did DOJ Indict the Chinese Military Officers?
Why did the USG indict Chinese military officers for cybertheft? It knows that there is no practical chance of convictions (because, among other reasons, the defendants will never appear in the United S... -
DOJ's Summary of the Charges in the Chinese Economic Cyberespionage Case
A remarkable development out of a grand jury in the Western District of Pennsylvania: five named members of the Chinese military have been indicted for economic cyberespionage. Details from the DOJ pres... -
DDC to GTMO: No Force Feeding Detainee Until Hearing
That's perhaps the most eye-catching feature of this just-issued preservation order from U.S. District Judge Gladys Kessler. It reads, in pertinent part: On April 18, 2014, Petitioner Mohammed Abu Wa’el... -
USG Filings in Al-Nashiri
There are two: a cross-motion to hold Al-Nashiri's habeas case in abeyance, pending resolution of his military commission trial at Guantanamo; and a legal memorandum setting forth the government's argume... -
For the Delicious Irony Files
A report from the cyber underground where most of my Lawfare colleagues don't normally follow: File this one as a delicious irony (or, if you prefer, a delightful irrationality). Many will recall that ... -
Tsarnaev and the Inspectors General: a Reply to Michael German
In his response to my earlier Lawfare post on the FBI's investigation of Tamerlan Tsarnaev and a later review of that investigation by various Inspectors General, Michael German misconceives my argument.... -
Chief Justice Roberts – [Not yet] The Most important Author of Foreign Relations Opinions in the History of the Supreme Court?
It seems likely that Chief Justice Roberts will author the much-anticipated opinion in Bond v. United States. This comes as no surprise. The Chief Justice has assigned much opinion-writing in close and/o... -
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...
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