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Jennifer C. Daskal (Washington College of Law, American University) has a forthcoming paper in Yale Law Journal on the vexing question of territoriality and data (current draft is available on SSRN.com),...
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Amid concerns of cybersecurity and cyberwarfare, there is a related security topic that receives far less attention: vulnerabilities of the physical cables that enable telecommunications traffic and the...
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Although it is a close call, the decision of the Court of Justice of the European Union (CJEU) in Schrems v. Data Protection Commissioner may turn out to be the most important consequence of the Snowden ...
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A key theme of Charlie Savage’s new book is that the Obama Administration -- led by a President, Vice President, Secretary of State, and (for a time) National Security Advisor who were all lawyers -- has...
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Editor’s Note: The hopes for democracy in the Middle East that flourished after the Arab Spring are now gone. Hope for positive change, however, rests on many of democracy's building blocks, such as the ...
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Stephanie Carvin (Carleton University, Canada, and friend to several of us at Lawfare) and Michael John Williams (NYU) are international relations scholars who focus on national and international securit...
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Last week, George Washington University and the CIA co-hosted an event entitled Ethos and Profession of Intelligence.
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Earlier this week, Time magazine published reviews of Charlie Savage's new book, Power Wars, by me and former Obama White House Counsel Bob Bauer. As I read it, "the story strongly implies that mainstre...
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After last week’s U.S. Naval patrol near China’s claimed Subi Reef in the South China Sea, several Lawfare authors considered the implications of the operation. Asking how far the United States went with...
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In writing about autonomous weapon systems (AWS) and the law of armed conflict, we have several times observed the similarities between programming AWS and programming other kinds of autonomous technolog...
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After intercepting communications suggesting that ISIS may have downed the Russian jetliner that crashed in the Sinai Peninsula, British investigators now strongly believe that a bomb in the plane’s hold...
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“Anyone who hoped that Iran’s nuclear agreement with the United States and other powers portended a new era of openness with the West has been jolted with a series of increasingly rude awakenings over th...
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Wherein I eat crow, I double down on part of my criticism of the New York Times editorial page, and Shaker Aamer's lawyer responds to my post.
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The other day Rob Leob and Matthew Weybrecht reported on the failure of an effort by the US government to have a case challenging the No-Fly list dismissed. The suit was brought by Saeb Mokad who allege...
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Nearly a year ago, Lawfare bought a bitcoin -- a piece of digital currency that exists only by virtue some rather complex and elegant mathematics but without the charecteristic of having been issued by a...
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In yesterday’s post, we asked “What did the Navy do in the South China Sea?” That wasn’t a rhetorical question. The Department of Defense hadn’t yet clearly explained what the USS Lassen did during its...
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Chinese jets release flares over a PLA vessel near the Spratlys (Photo: China Daily/Reuters)
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Josh Gerstein has a story that quotes USG officials who confirm some of the points I made in my two recent posts on OLC.
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In an en banc decision issued yesterday, the Ninth Circuit ruled that an NCIS agent’s use of a software query to search military and civilian computers throughout Washington state for child pornography v...
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Lawfare is now accepting intern applications for spring 2016. For more information or to find out how to apply, see the job posting below.
Spring 2016 Internship
(with Academic Credit or External S...