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Standing in Data-Breach Actions: Injury in Fact?
If your personal information is released but never misused, can you sue the company that was supposed to keep it safe? Some federal circuits say no; others say yes. A new cert petition in Attias v. CareF... -
The Week That Will Be
Event Announcements (More details on the Events Calendar) Monday, December 18 at 10:00 am: The Woodrow Wilson Center will hold an event on The Catalan Crisis: Implications for Spain and Beyond. Josep Co... -
Mueller, the GSA and the Trump Transition
The other day I posted a tweetstorm on the issues raised by the Trump transition's letter to Congress relating to the Special Counsel's access to transition data stored at GSA. The TL;DR summary: Not m... -
Minding the Gap: The Military, Politics and American Democracy
Editor’s Note: The relationship between soldiers and civilians is a fundamental question for any democracy. In the United States, the military has long been respected, but only recently has it been idoli... -
The Lawfare Podcast: Noah Feldman on Madison's Three Lives
President James Madison shaped the course of American history in not one, not two, but three different and foundational roles in the formation of the young republic. He was a drafter of the constitution,... -
The Week That Was: All of Lawfare in One Post
Jordan Brunner commenced the week by reviewing the climate change provisions of the National Defense Authorization Act for fiscal year 2018. President Donald Trump signed the act on Tuesday. I posted his... -
Rational Security: The “Probing the Probe” Edition
Republicans question the integrity of Robert Mueller’s Russia investigation. President Trump says he will move the U.S. embassy in Israel to Jerusalem (Tamara’s suggested article for reference). And Secr... -
Security Planner: How to Protect Yourself
We spend a lot of time on Lawfare describing the problems that result from data exfiltration, whether government policies should change as a result, etc. This post is a bit of a change; it's about techni... -
Today's Headlines and Commentary
President Donald Trump said that there was tremendous anger over the FBI’s “disgraceful” behavior, criticizing the Bureau just before he appeared at its training facility in Quantico, Virginia, to praise... -
There Is No Truth Commission in L’Affaire Russe
On Thursday, Benjamin Wittes published his assessment of Deputy Attorney General Rod Rosenstein’s Dec. 13 testimony before the House Judiciary Committee. While I understand Ben’s considerable concern abo... -
Peter Strzok’s ‘Insurance Policy’
I’m struck by the kerfuffle over text messages sent by FBI agent Peter Strzok to Lisa Page, an FBI lawyer with whom he was apparently having an affair. The messages bash Trump and seem to favor Clinton—f... -
Document: Independent Assessment of British Counterterrorism Intelligence
The following is an independent assessment by British barrister David Anderson of nine internal reviews of British intelligence in connection with four terrorist attacks in the spring and summer of 2017.
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