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Judge Pohl begins with the usual business. We are now going on day four with no Bin ‘Attash. As for changes to the legal staff, James Connell, counsel for al-Baluchi, notes the absence of their linguist ...
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We pick up the February 23 session in the afternoon, with Col. Pohl presiding. (Transcripts from the morning session were not released.) Khalid Sheikh Mohammad, who was absent in the morning session, has...
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In his remarks at a conference on computer security, Defense Secretary Ash Carter said that he opposed “back doors or a single technical approach” for accessing data on encrypted devices. While urging in...
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If the devil is in the details, then the announcement early Monday of the inner workings of the new US-EU data-transfer agreement, Privacy Shield, may lack the granularity the deal needs to flourish. The...
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As a young boy, I would sometimes be bullied by my peers. But even worse than the bullying was the perception of being unable to respond. If I said something like "do that again and I'll hit you" the h...
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It is commonly said that the Obama administration rejects the use of military detention, and understandably so. Many factors support that characterization, after all: no new detainees have been brought ...
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Due to technical difficulties, the interview for the 103rd episode will be released as a separate post next week. In the news roundup, we explore Apple’s brief against providing additional assistance to ...
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FBI Director James Comey acknowledged that his agency may have lost the chance to extract data from the iPhone belonging to one of the San Bernardino attackers. During a hearing before the House Judiciar...
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I don’t, as a rule, endorse political candidates. I don’t do work for campaigns. I have never given a dime to a candidate—for any office. I have never signed up to be an adviser to one either. I try, rat...
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The Office of the Director of National Intelligence yesterday released a second set of documents recovered during the raid of Osama bin Laden's compound in Abbottabad, Pakistan. The trance includes 113 n...
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The reason many technologists fear a negative outcome in the San Bernardino Apple case is because of the possibility the precedent would establish the ability of a court to compel a malicious update.
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Today, FBI Director James Comey and Apple’s General Counsel Bruce Sewell both testified before the House Judiciary Committee during a hearing covering encryption and “going dark” matters. Lawfare’s Susan...
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Last week, the Stimson Center released its “Report Card on The Recommendations of The Stimson Task Force on U.S. Drone Policy.” The report card unsurprisingly earned headlines like “Obama’s Drone Policy ...
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The House Judiciary Committee at 1:00 pm is holding a hearing at which FBI Director James Comey and Apple General Counsel Bruce Sewell will both testify on going dark matters. Here's the live video:
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The Obama administration is now considering whom it will nominate to the Supreme Court following the death of Justice Antonin Scalia. Most of the names on the rumored “short list” have familiar resumes: ...
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Just in time for today's hearing on Capitol Hill, and for the RSA Conference in San Francisco, The Chertoff Group has released a white paper entitled "The Ground Truth About Encryption and The Consequenc...
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Last week, the House Judiciary Committee held a hearing on conflicts of law and mutual legal assistance (MLA)—how to fulfill law enforcement requests for stored data in an era when transnational Internet...
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What follows below is the second in a series of primers for those who are interested in the continuing fallout from Apple’s decision to resist government requests for technical assistance in overcoming p...
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The FBI v. Apple flap exploded on the public scene just as I was learning my way around my new Estonian e-Residency card, which promises—among other things—secure communications between card holders. I a...
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Magistrate Judge James Orenstein in the Eastern District of New York has ruled that the government's request for assistance from Apple to extract data from a phone operating iOS 7—an older operating syst...