Apple has encrypted its iPhone6 for real, that is, removing the backdoor for government warrants. The FBI is erupting, claiming that that this will create problems for law enforcement, raising the specte...

Lawfare's own Ashley Deeks (University of Virginia School of Law) has released a new article, "An International Legal Framework for Surveillance," available on SSRN and forthcoming in the Virginia Journa...

For quite a while it has been the case that properly implemented encryption will defeat efforts to crack it (at least using current technology). Yet it has been the case for an equally long time that ver...

I was at the National Security Agency yesterday giving a Constitution Day speech and I learned details of a shocking collection program: The government is bulk collecting all traffic on Twitter. Under a ...

Readers likely recall that last week, documents from the In Re Directives litigation, regarding foreign intelligence surveillance directives issued to Yahoo!, were declassified. Chief among them: a new ...

Late last week, the Department of Justice released two memos authored by Lawfare's own Jack Goldsmith back when he was the head of the Office of Legal Counsel ("OLC") in the Bush Administration. The memo...

The Foreign Intelligence Court of Review ("FISCR") issued this order today. It concerns the FISC's 2008 opinion in In Re Directives, an appeal brought by Yahoo! and regarding directives for warrantless e...

This Friday, the U.N. Human Rights Council will hold a session to discuss the right to privacy in the digital age. The Council is considering these issues in the wake of a General Assembly Resolution ado...