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Conflicting statements from U.S. leaders are undercutting the credibility of U.S. intelligence on the coronavirus.
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While Beijing’s responsibility for violations of international legal obligations seems evident, International Court of Justice precedent on causality and reparations will probably thwart any efforts to m...
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The failure to secure digital election systems would be a glaring concern in any election year. COVID-19 will only exacerbate these issues.
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In the U.S., efforts to develop digital contact-tracing systems have largely fallen to states and tech companies—though privacy advocates have voiced concerns about the invasiveness of such apps.
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Attorney General William Barr’s suggestion that state and local pandemic policies violate the dormant Commerce Clause rings hollow.
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On April 30, a Senate subcommittee held a roundtable discussion by videoconference on the viability and constitutionality of conducting Senate votes and other proceedings remotely.
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The court invoked the nondelegation doctrine to require explicit statutory authorization of electronic surveillance.
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With the coronavirus in every state and multiple territories, what emergency authorities do state and territory executives possess to address the public health crisis?
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Critics focus on the privacy cost of contact tracing. But it’s important to examine the disparate privacy implications for the most vulnerable communities.
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Many legal questions arose after the recent cyber operations against the health sector throughout the world, but there is still little legal conversation at the international level on how to approach the...
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It’s time to start thinking about some broader strategic lessons to draw from the pandemic. For one, our interconnected world is vulnerable to crises.
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On Thursday, April 30, at 11:00 a.m. ET, join Lawfare Editor in Chief Benjamin Wittes for a discussion with Jack Goldsmith and Andrew Keane Woods on their recent essay on internet speech and surveillance.