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Both the Senate Judiciary Committee and the Senate Intelligence Committee will hold hearings today on strong encrpytion, privacy, and the threat of "Going Dark."
The Senate Judiciary Committee hearing ...
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Last week, I wrote a piece on the OPM hack, quoting a GAO report that seemed to me to suggest that the intelligence community had concerns about OPM's computer security back in 2010. In response, I recei...
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I have now had a little time to digest Shane Harris’s story in the Daily Beast this morning on the intelligence community’s concerns in 2010 about OPM’s data security. The relevant passage from the GAO r...
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Everyone's mad at the Office of Personnel Management, and I totally get why. The hack is awful, the magnitude staggering. The consequences will be big, both for the country and for lots of individuals. I...
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Back on June 15, the White House issued a SAP (statement of administration policy) spelling out objections to H.R. 2596, the Intelligence Authorization Act for FY'16. The SAP concludes that the Presiden...
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In a characteristically thoughtful post, my friend (and, in his words, "long-time sparring partner") Charlie Dunlap takes me to task for some of my comments in last week's Lawfare podcast with regard to ...
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This morning, a three-judge D.C.
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Boy, talk about making a mistake. On Monday I confidently predicted the pending decision in City of Los Angeles v. Patel, saying, among other things that "Most observers (including me) think that the Co...
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A D.C. District judge ruled yesterday that the CIA can keep nearly all information related to its drone activities and the legal basis for them secret, reports Josh Gerstein of Politico. U.S.
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In what seems to be a first-of-its-kind ruling, the Second Circuit Court of Appeals has reinstated claims against former Attorney General John Ashcroft, former FBI Director Robert Mueller, and former INS...
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As I explained on Sunday, one way to understand the diffference between the majority and dissenting opinions in last Friday's D.C. Circuit decision in al Bahlul v. United States is as reflecting two diff...
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On June 12, a three-judge panel of the D.C. Circuit handed down its decision in the most recent iteration of Al Bahlul v. United States, vacating defendant Ali Hamza Suliman al Bahlul’s conviction for in...
