The Holiday Fortnight that Was: All of Lawfare in One Post

As news broke of the cyberattack on Sony, Jack wrote of just how befuddled the US government seemed to be about how to respond. After years of thinking on cyberwar and perhaps thousands of roundtables, the government still seemed in disarray. Later, Jack offered a modest defense of the government’s legal and policy confusion regarding the Sony attack given the multitude of problems in attribution. Two days later, Paul Rosenzweig tipped us off to the possible US government response, as the entirety of the North Korean internet went down. But then, news came that maybe it wasn’t North Korea that launched the attack on Sony, after all. Paul delved into some of the alternative theories and the attribution problems in cyberspace, concluding that in a post-Snowden era, the United States can’t say “just trust us.” In light of this news, Jack highlighted the consequences of the building doubts about the FBI’s attribution in the Sony hack, concluding that in many ways “the United States has lost a battle in the early days of cyber conflict.” Even so, the movie believed to have initiated this latest round of cyber drama---“The Interview”---was eventually released online and in limited theaters. Jane Chong and Paul both provided reviews of the movie that has risen from fake to real importance. Did you miss Ben’s recent exchange with Edward Snowden at the Cato Institute’s surveillance conference? If so, don't fret. Ben shared a recap of the exchange, as well as a response to a few arguments advanced by Snowden. Ben also broke news that NSA hoodies, just like the gear in the gift shop at the CIA, is made in, of all places, Pakistan. It seems American intelligence agencies are committed to engaging with local businesses in the communities where they work. Jodie Liu alerted us to a massive document declassification by the NSA featuring a set of redacted reports detailing “intelligence activities . . . that [it has] reason to believe may be unlawful or contrary to Executive order or Presidential directive.” These reports have been submitted to the President’s Intelligence Oversight Board (IOB) pursuant to Executive Order 12333. To mark Christmas Day, Paul shared a rendition of John McCutcheon’s “Christmas in the Trenches,” which recalls the impromptu 1914 WWI Christmas truce. Over the holidays, Ben visited Israel, where the “competing understandings, claims, narratives, and mutual senses of injury” prompted a proposal on issues of sovereignty, the Antarctic Treaty, the Talmud, and the status of Jerusalem. In light of the newly announced thaw in US-Cuba relations, Chris Jenks reviewed the case of Joanne Chesimard and outlined exactly why she is unlikely to ever be extradited to the United States. Wells shared the news Cliff Sloan’s resignation. Sloan has been the State Department’s envoy in charge of negotiation detainee transfers from Guantanamo Bay. Echoing news from Carol Rosenberg of the Miami Herald, Wells also alerted us to the transfer of five more men from Guantanamo bay who are to be resettled in Kazakhstan. Wells brought us the news that DC District Judge Richard Roberts would not halt the Al Nashiri military commission at Guantanamo Bay. Following the decision, Steve Vladeck identified two basic problems with Judge Roberts’s refusal to enjoin Al Nashiri’s impending trial. Later, Wells also provided the reply brief issued from Al Nashiri’s attorneys. This week, Ben offered the third installment of his thoughts on the SSCI Study on the CIA’s Enhanced Interrogation Techniques, reviewing the Committee’s findings on the program’s effectiveness. Earlier this month, the Justice Department issued revised guidance for Federal Law Enforcement Agencies on racial profiling. Faiza Patel shared a few thoughts on the revised guidance, concluding that for all its new criteria, it simply recreates the same old loopholes. Mira Rapp-Hooper outlined what we can expect in “the year to come in Asia’s seas.” Paul delivered a satirical post on “safety at the turn of the last century,” highlighting the absurdity of some strands of thought in the anti-domestic drone campaign. Paul also tipped us off to a “no hope” lawsuit against Edward Snowden and Laura Poitras. For episode #104 of the Lawfare Podcast, we shared an address by Under Secretary of State for Arms Control and International Security Rose Gottemoeller on the Obama administration's approach to arms control in its final two years. In other podcast news, Wells linked us to a Federalist Society International Law and National Security Law Practice Group show featuring Bret Stephens on his new book, “America in Retreat: The New Isolationism and the Coming Global Disorder.” Finally, in a New Year’s message, Ben provided an overview of Lawfare’s plans for 2015, including a new website, new content streams, and live events. Stay tuned! And that was the holiday fortnight that was.