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Agreements on Commercial Cyber Espionage: An Emerging Norm?
When the U.S. and China reached an agreement in late September not to engage in commercially motivated cyber espionage it was viewed as a significant step forward in cybersecurity relations between the t... -
Amici Curiae for FISC Announced
The Foreign Intelligence Surveillance Court has released the names of the first five Amici Curiae that will serve the Court as part of reforms enacted under the USA Freedom Act. The list, effective Novem... -
NSA Ends Bulk Collection of Telephony Metadata under Section 215
On midnight of November 29th, the NSA stopped its bulk collection of telephony metadata once authorized under Section 215 of the USA Patriot Act. Under the USA Freedom Act, which Congress passed in June,... -
NYT v. DOJ, Part 2: Second Circuit Narrows Circumstances in Which Official Statements Waive FOIA Exemption 5 Protection
The five-year targeted killing FOIA litigation by the ACLU and New York Times suffered a setback yesterday when the Second Circuit unsealed an opinion affirming an SDNY ruling from October 2014 allowing ... -
We Know What One DC Circuit Judge Thinks of the Metadata Program
Well, we can count one vote on the DC Circuit for upholding the Section 215 program against Larry Klayman's Fourth Amendment challenge. -
Bulk NSA Internet Program Shows the Complete Incoherence of Surveillance Law
The NSA ended its program involving bulk collection of Internet metadata inside the United States in 2011. This Internet metadata program was the genesis of the legal theory that authorizes bulk collect... -
Cyber Sections of the Latest G20 Leaders' Communiqué
Yesterday, the 2015 G20 Summit in Turkey released the G20 Leaders' Communiqué. Those provisions relating to commercial cyberespionage and hacking will be a particular interest to Lawfare readers. -
Norms of Cyber War in Peacetime
Editor’s Note: Cyber attacks and the appropriate response are new territories in national security. On the one hand, most attacks do little damage, and their perpetrators are often unclear. On the other ... -
Klayman Update: DC Circuit Stays Judge Leon's Ruling
Here's a brief update on my piece yesterday on the Klayman litigation. The government yesterday, as promised, moved in the D.C. Circuit for a stay of Judge Leon's ruling. -
The Eleventh Hour Litigation Over Section 215
You might have thought the judicial wrangling over the Section 215 program would end now that Congress had passed the USA Freedom Act winding down the program and replacing it—particularly now that the n... -
Not Especially "Edgy" and Not a "Secret New Power"
The foreign-to-foreign communications exemption to FISA is not especially "edgy" and not especially "secret." -
D.C. District Court Issues Injunction in Klayman v. Obama
Judge Richard Leon of the U.S. District Court for the District of Columbia has issued an injunction against the NSA's bulk metadata collection program in his ruling in Klayman v. Obama, ruling that the p...
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