As the United Kingdom approaches the early 2017 start of negotiations on its departure from the European Union, questions are emerging about the future direction of the country’s EU-based data privacy la...

Below is a copy to the Department of Justice's Responses to Frequently Asked Questions on Use of National Security Letters to Obtain Electronic Communication Transaction Records, which should be of inter...

In early 2015, the Federal Communications Commission reclassified broadband internet as a telecommunications service, a public utility under Title II of the Telecommunications Act, and approved long-deba...

As part of a series on "Election 2016 and American's Future," I recently released a Brookings policy brief on a strategic approach to “Going Dark” for the next administration. Recognizing the current dea...

In the extraordinary transparency that followed Edward Snowden’s 2013 revelations, one tantalizing mystery remained: how did the NSA persist until early 2009 in querying metadata under the now-replaced s...

Benjamin Wittes flags that much of the Yahoo story is unclear, including legal arguments and the objective of the search, and further reporting from Motherboard and the Intercept further confuses the pos...

In a paper released today at a Brookings panel discussion, I reflect on my experience in the Obama administration and draw lessons about policymaking on issues for that space.

In 2009, the government notified the Foreign Intelligence Surveillance Court (FISC) of a serious issue in the design and description of the National Security Agency’s (NSA) Business Records metadata prog...

I've gotten a few questions the last couple of days about why Lawfare has had nothing to say about that big story Reuters ran the other day on Yahoo, the intelligence community, and the scanning of all t...

Author’s note: Despite appearing under my byline, this post actually represents the work of a larger group. The “Keys Under Doormats: Mandating Insecurity” group includes Harold Abelson, Ross Anderson, S...

To see the Snowdenistas and many media elites clutching for their smelling salts, you’d think my former colleagues at the Washington Post editorial page had stabbed Edward Snowden in the back after swear...