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Editor’s Note: Part of the job of intelligence officials is to give bad news to policymakers. But should officials at times soften their assessments or otherwise pick their battles in order to maintain t...
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The Triple Entente Beer Summit was a great success, with an audience that filled the Washington Firehouse loft and a cast that mashed up the Lawfare Podcast, Rational Security, and the Steptoe Cyberlaw P...
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From day one of the Snowden revelations, we all knew that the legal validity of the 215 program hinged ultimately on the capaciousness of a single word: "relevant." Even those of us who generally support...
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Shane Harris breaks the fabulous news over at the Daily Beast:
Matthew Waxman, a law professor and former senior national security official in the George W.
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On Thursday, the Second Circuit Court of Appeals struck down the NSA’s bulk telephone metadata collection program by ruling that the program wasn’t authorized by the language of Section 215 of the Patrio...
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A reader familiar with surveillance matters writes in with these two questions about yesterday's opinion from the Second Circuit:
1) The opinion seems to turn on the Court's belief that either not enoug...
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Yesterday, FBI Director James Comey said that federal law enforcement officials determined hours before the cartoon contest in Garland, Texas that one of the gunmen had expressed interest in going to the...
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It is clear that the Second Circuit’s ruling that the NSA’s bulk collection of Americans’ telephone records violates Section 215 of the Patriot Act will have significant implications for the current legi...
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The most interesting issue in the opinion concerns ratification of the FISC's interpretation of Section 215 by Congressional reauthorization of the Patriot Act. I think the decision boils down to a judg...
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Join Lawfare tonight from 6:00-9:00 pm at the Washington Firehouse for the first Triple Entente Beer Summit.
Grab your ticket online, or pick up one at the door.
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From the Washington Post (via the Associated Press):
TORONTO — A former inmate at Guantanamo Bay, Cuba, who was convicted of killing a U.S.
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The Second Circuit Court of Appeals has ruled that the NSA’s warrantless bulk collection of Americans’ phone records under Section 215 of the Patriot Act is illegal.
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As Ben notes below, the Second Circuit has handed down its ruling in the legal challenge to the bulk telephony metadata program. I have posted a summary of the Second Circuit's ruling, together with my ...
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Here's the opinion. I haven't read it yet, but will have comments when I do.
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Interested in the ongoing debate over the relationship between LOAC and Human Rights Law in general, or the intersection of those bodies of law in relation to non-criminal detention in particular? You wo...
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Ben flagged today that the Germans have been caught out spying on friends and allies. What makes this a story is the way the Germans responded more than a year ago when Snowden’s leaks revealed that the ...
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In the last two weeks, three new reports have claimed to offer insight into this past summer’s bloody Gaza conflict. Each has been followed by a stream of articles and commentary as pundits rushed to rei...
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In response to ISIS’s claims of responsibility for this weekend’s shooting at a Prophet Muhammad cartoon contest in Garland, Texas, the White House said yesterday that it was “too early to say” whether t...
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May 7, 6:00-9:00 pm
Tickets for “The Triple Entente Beer Summit” are available here.
Tomorrow, from 6:00-9:00 pm, please join
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In case you needed a refresher course on European hypocrisy on surveillance and data privacy, the New York Times today obliges with two stories over which the connoisseur of human folly ought really to p...