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Last week, co-authors Michèle Flournoy, Richard Fontaine, and I released a Center for a New American Security report on the future of surveillance policy. The full report is available here; video of the...
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The federal government isn’t often held up as a model for IT innovation and efficiency, but there are areas where they should be. An example of a policy directive that has paid dividends is the Continuou...
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“Whatever the source of the material was,” Donald Trump’s deputy campaign manager David Bossie began, “if it was on the front page of the paper—it’s in the public domain. We would look at it.” Pas...
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Lawfare readers by now should be very familiar with the concept of the FBI's Network Investigatory Technique or NIT, a small piece of malicious code that exploits the target’s computer to generate a mess...
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As of midnight last night changes to Rule 41 of the Federal Rules of Criminal Procedure took effect. Opponents of the rule change failed in a last ditch effort in the Senate to block the change.
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It didn’t take long after Trump’s unexpected election as the 45th president of the United States for the encryption debate to reemerge.
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The internet has been buzzing with news and speculation regarding state election recounts and a movement to audit voting results. Last week, accounts emerged that well-respected researchers had found ind...
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For some time I have argued that encryption is a security versus security issue. Given our reliance on cyber, that is, our increasing intertwining of the physical world with network controls, I continue ...
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Editor's Note: The use of drones is at the center of the Obama administration's counterterrorism policy – and, perhaps more importantly, at the center of many Lawfare discussions. One frequent concern is...
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The Manhattan District Attorney's Office has released a new version of its white paper on "Smartphone Encryption and Public Safety." The report updates the Office's November 2015 white paper on encryptio...
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In the world of kinetic military operations, collateral damage is typically straightforward to assess because of well-established definitions, well-understood weapon characteristics, and reasonably well-...
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For almost exactly a year, Lawfare has been closely watching and commenting on the 2016 presidential campaign. As the campaign season finally draws to a close, below is a compendium of all the site’s ele...