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OK. It’s a bit self-congratulatory. But still, it was pretty neat. I’m attending the ABA Annual Review of National Security Law. Today’s first panel had on it BG Richard Gross who is the Chief Legal ...
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Does holding software providers accountable for the insecurity of their code amount to going nuclear on the industry---the equivalent of pushing the big red button? I argue that this is the way critics s...
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Pakistan surprised the international community by releasing an updated version of the Pakistani government’s official estimate of civilian casualties caused by American drone strikes. The number is signi...
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Not much, of course. But according to this report in the Washington Post, Secretary Sebelius today responded to reports of a cybersecurity breach that was discovered recently. According to Sebelius “th...
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If you believe software providers should be held more accountable for insecure code or coding practices, you might be tempted to point an accusing finger at the contract law framework that courts use to ...
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The latest cache of documents released by the DNI does not contain any explosive new revelations. Unlike previous releases, it does not show big problems under either Section 215 or Section 702 that prod...
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News from the big, bad National Security Agency never seems to cease.
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We noted Sunday that the Justice Department filed a letter in the force-feeding case Aamer v. Obama last week informing the D.C. Circuit that the four detainees are no longer designated hunger-strikers.
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Last Monday, the government filed its response to accused Boston Marathon bomber Dzhokhar Tsarnaev's motion to vacate the special administrative measures (SAMs) imposed on him and his attorneys.
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We at Lawfare aim to please---that is, to provide useful stuff for folks who work on, report on, study, or simply care about tough issues at the intersection of national security and law. That mission h...
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The hearing, entitled "Potential Changes to the Foreign Intelligence Surveillance Act (FISA)" is happening now. Watch the video below, and check out the prepared statements:
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Ike Skelton, defense policy expert and former Chairman of the House Armed Services Committee, has died.
Today is the re-scheduled House Permanent Select Committee on Intelligence hearing on NSA surveill...
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Count me as very skeptical about the suggestions in recent days that neither the White House nor the congressional intelligence committees knew about NSA collections against leaders in allied countries.
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I'm delighted to announce three new additions to Lawfare's masthead.
Orin Kerr, whose first post ran this morning, is the Fred C. Stevenson Research Professor of Law at the George Washington University ...
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The Justice Department recently changed its policy on notice to criminal defendants about the use of evidence derived from surveillance under Section 702 of FISA.
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I have not read these yet but will do so over the next few days and offer thoughts and summaries as I do.
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We're a long ways way off from a trial in United States v. Mohammed et. al.
That's the essence of my Security States piece, which went up today. It begins:
So when will the 9/11 case go to trial, any...
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Syria continues its cooperative streak. On Sunday, the country filed its initial plan to destroy its chemical weapons arsenal---three days ahead of schedule, no less---according to a statement released b...
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The "NSA Affair" still commands German headlines. Over the weekend, the news was dominated by the fit-for-a-spy-novel revelations that the top floor of the U.S. Embassy on Pariser Platz (overlooking the ...
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Back in early September, I discussed Germany’s deep concern about allegations that the United States had been conducting surveillance on foreign leaders’ email and phone conversations. At the time, Germ...