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Artificial Intelligence and the Resort to Force
A recent post on the New York Times’s At War blog begins with this hypothetical scenario: -
Artificial Intelligence – A Counterintelligence Perspective: Part IV
In my first post in this series, I wrote that one definition of artificial intelligence (AI) is a machine that thinks. But is it? Several people with technical backgrounds in the AI field reached out to ... -
Encryption by Default Equals National Security
The New York Times reported a mind-boggling story on Oct. 24. The president of the United States routinely ignores the advice of his aides and calls old friends on an unsecured iPhone “no different from ... -
Four Months Later, How Are Courts Interpreting Carpenter?
Last June in a 5-4 ruling in Carpenter v. United States, the Supreme Court extended Fourth Amendment protections to an individual’s cell phone location data for the first time. -
The Fifth Amendment and Compelled Decryption
A recurring question in law-of-digital-evidence investigations is how the Fifth Amendment applies to acts of compelled decryption. In these cases, the government gets an order directing a person to enter... -
Counterintelligence Implications of Artificial Intelligence—Part III
This is the third post in my series about the counterintelligence implications of artificial intelligence (AI). The first two are here and here. I’ll start this one with a story. -
The ‘Big Brother Watch’ Ruling on U.K. Surveillance Practices: Key Points from an American Perspective
Last month, a divided chamber of the European Court of Human Rights (“ECHR”) (that is, a panel of seven judges from ECHR’s “First Section”) issued an opinion declaring several aspects of British surveill... -
The Necessary Authority to Counter Drone Threats
On Aug. 4, as Venezuelan President Nicolas Maduro gave a speech in front of the ranks of the Venezuelan National Guard, two DJI Matrice M600 drones took to the sky. Each drone was armed with a little les... -
Tech Firms Are Not Sovereigns
Technology firms are extraordinarily powerful. They control vast sums of money. They serve unprecedentedly large customer bases—in some instances, larger customer bases than any nation on earth (Facebook... -
The Five Eyes Statement on Encryption: Things Are Seldom What They Seem
Earlier this September, law enforcement officials from the Five Eyes intelligence alliance—made up of Australia, Canada, New Zealand, the United Kingdom, and the United States—met in Australia and issued... -
Will Trump Sanction China’s Use of Facial Recognition Software?
Chinese human rights practices are in the news again. The White House is reportedly weighing sanctions against Chinese officials and companies that are engaged in or facilitating the mass surveillance an... -
Recommendations for the Potential U.S.-U.K. Executive Agreement Under the Cloud Act
Congress this fall will likely face the first executive agreement negotiated under the new Cloud Act. The U.S. and United Kingdom have been negotiating such an agreement since at least 2016.
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