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The Lawfare Podcast: Dan Hemel and Gerard Magliocca on Section 3 of the 14th Amendment
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Contact-Tracing Apps: What’s Needed to Be an Effective Public Health Tool
Many have discussed the shortcomings of contract-tracing apps during the pandemic. The real problem is the lack of adequate social and public health infrastructure in the U.S. -
Nomination Hearing: Alejandro Mayorkas as Next Secretary of Homeland Security
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Nomination Hearing: Avril Haines as Next DNI
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What’s at Stake in the Austin Waiver
The vote on whether to grant General Austin a waiver is a vote on whether the waiver will be a real constraint in the future. -
Online Service Providers and the Fight Against Child Exploitation: The Fourth Amendment Agency Dilemma
The Fourth Amendment government agency problem requires platforms to walk a fine—and sometimes untenable—line in searching for private user content that contains child sex abuse material and other illega... -
The Week that Was: All of Lawfare in One Post
Your weekly summary of everything on the site. -
Negotiating Peace in Iraq’s Disputed Territories: Modifying the Sinjar Agreement
The new agreement represents progress between Baghdad and Erbil, but will need revision to address the concerns of Yazidis and others in the disputed territories. -
The 2021 NDAA, White Supremacy and Domestic Extremism
The NDAA created new programs for combating white supremacy and domestic terrorism, but it omits two important proposals included in earlier versions of the bill. The Biden administration should consider... -
Cyber ‘Deterrence’: A Brexit Analogy
How “imposing costs on our adversaries” has become the “Brexit means Brexit” of cyberspace. -
How to Make the National Cyber Director Position Work
It will fall on the incoming Biden administration to implement the new office—and a great deal of hard work lies ahead. -
Today’s Headlines and Commentary
Lawfare’s daily roundup of national security news and opinion -
Can a Former President Be Impeached and Convicted?
A response to Judge Michael Luttig. -
How Could Law Enforcement Have Investigated Before the Capitol Riot?
As more information becomes public about the violence at the Capitol, it’s helpful to understand the basic rules under which the government collects information in advance of events like those that took ... -
The Lawfare Podcast: David Kris on the NSA Annex
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Report Details Justice Department's Push to Separate Immigrant Families
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A Proposal for a Commission on the Capitol Siege
An attempt to sketch out the justification for a commission as well as the mandate, major areas of inquiry and legislative language that are needed to guide this effort. -
NSA Releases Appendix to Rules Governing SIGINT Collection
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Explaining the SIGINT Annex
Highlights from an overview of the NSA’s new document explaining the rules that govern the collection of signals intelligence. -
Cyberattack Attribution as Empowerment and Constraint
The US policy of “defend forward” and “persistent engagement” in cyberspace raises the stakes of this attribution question as a matter of both international and domestic law.
More Articles
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The Prohibition of Annexations and the World on the Brink
The annexations of Golan and territory in Palestine and Ukraine are part of a dangerous trend exacerbated by consolidations of security alliances and other global power shifts. -
Lawfare Live: Trump's Trials and Tribulations, Aug. 1
Join the Lawfare team tomorrow for a discussion of the trials of Donald Trump. -
Throwing the Book at Foreign Influence: The Menendez Verdict and Going Beyond FARA
Effectively countering foreign malign influence requires leveraging the full weight of the very institutions such efforts seek to undermine.