Germany’s latest national cyber security strategy emphasizes “security through encryption” and “security despite encryption” as the main pillars of the government’s crypto policy. If you see a controdict...

This afternoon, we published an op-ed in the Washington Post explaining some of the basics of "unmasking" in an effort to offer a bit of context to the headlines. While it is written for a general intere...

You can always tell when it’s time to reauthorize a portion of the Foreign Intelligence Surveillance Act (FISA) because Congress starts wringing its hands about some aspect of the law. FISA is a law that...

The U.S. intelligence community is on the verge of a crisis of confidence and legitimacy it has not experienced since the 1970s. Back then, the crisis was one of the community’s own behavior. In the 1950...

As the U.S. reexamines its trade policy, commentators following U.S.-China affairs have noted an important area that has not received as much attention as the bilateral trade in goods but may one day riv...

This is the second part of a three-part series on Judge Neil Gorsuch’s handling of cyber issues. In this collection of cases, Judge Gorsuch identifies the uniqueness of computer searches and the accompan...

All 11 judges on the Foreign Intelligence Surveillance Court will rehear an ACLU claim that it has standing to assert a First Amendment right to see FISC decisions upholding the government’s bulk data co...

Writing with a storyteller’s prose, Judge Neil Gorsuch’s knowledge about cyber issues leaps off the page. From explaining file or operating systems to evaluating the credibility of databases, he often de...

Edward Snowden’s theft of files, whatever good it accomplished in igniting a national conversation on surveillance, also opened the door to more aggressive Russian intrusions in cyberspace. How could it ...

A month ago, the legislative text of “Visa Investigation and Social Media Activity Act of 2017” (VISA Act) was released. The bill requires, among other things, that background checks for visa application...

Last year when I testified in the House Judiciary Committee on the