Today's Headlines and Commentary

Alex R. McQuade, Cody M. Poplin
Tuesday, February 2, 2016, 5:02 PM

Just under the wire, U.S. and European Union data-regulators today reached a new legal framework that will govern the transfer of data across the Atlantic. The new agreement, called the E.U.-U.S. Privacy Shield, will replace the Safe Harbor agreement that was struck down by the European high court in October. That ruling, largely informed by news reports regarding U.S. surveillance practices, claimed that the United States did not adequately protect the privacy of Europeans.

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Just under the wire, U.S. and European Union data-regulators today reached a new legal framework that will govern the transfer of data across the Atlantic. The new agreement, called the E.U.-U.S. Privacy Shield, will replace the Safe Harbor agreement that was struck down by the European high court in October. That ruling, largely informed by news reports regarding U.S. surveillance practices, claimed that the United States did not adequately protect the privacy of Europeans. Even so, European and American negotiators appeared positive that the new agreement would withstand court scrutiny. The Hill has more on the new agreement and what it means for U.S. national security authorities.

The United States destroyed an Islamic State-run radio station in eastern Afghanistan today. A favorite medium for would-be jihadis, “Voice of the Caliphate” was leveled by two U.S. drone strikes. The radio station was broadcasting illegally across the Nangarhar province, frequently calling upon fighters to join the Islamic State.

Civilians trapped inside the city of Fallujah are struggling to survive. The military siege of Fallujah is preventing food and medical supplies from reaching the city while Islamic State militants prevent families from leaving. The Washington Post writes that between 30,000 and 60,000 people are estimated to still be in the city which has been under Islamic State control for more than two years.

The Daily Beast reports that the Pentagon will not say how many troops are fighting the Islamic State. They also write that the true number of troops shows that the U.S. military presence is larger and growing faster than officials would like to admit. Read the rest here.

Yet while the Pentagon won’t comment on the number of troops already in the fight, according to the top U.S. general in Iraq, more American troops may be needed to help the Iraqi army train for the kind of conventional warfare operations required to defeat the Islamic State. Army Lieutenant General Sean MacFarland told reporters yesterday that “there is a good potential that we will need additional capabilities, additional forces to provide those capabilities.” The Military Times has more here. General MacFarland also indicated that the Pentagon has reached “the end of the beginning” in the campaign to drive out the Islamic State.

The Telegraph reports that the Islamic State’s branch in Libya is building an “army of the poor” by recruiting soldiers from some of Africa’s poorest nations. Libya’s Islamic State militants are offering bonuses of up to $1,000 to individuals from impoverished neighborhoods located in Chad, Mali, and Sudan. The Telegraph also writes that the Islamic State is copying this strategy from Libya’s old dictator Muammar Gaddafi.

Defense One tells us that the Pentagon is running out of the “smart bombs” and guided missiles it uses for drone strikes against the Islamic State. Secretary of Defense Ash Carter broke the news today as President Obama prepares to ask Congress to approve $1.8 billion to buy new bombs.

Brett McGurk, the U.S. envoy to the coalition fighting the Islamic State, made a surprise visit to Syria over the weekend, stopping off in Kobane. The Washington Post details Mr. McGurk’s recollections on the trip, the first by an American official since 2012.

The U.N. Special Envoy for the Syria Crisis, Staffan de Mistura, officially declared the start of the Syrian peace talks yesterday. Mr. Mistura now begins the difficult process of keeping the peace talks alive and headed towards an overall cease-fire agreement.

The Wall Street Journal writes that U.S. special forces are being called upon with increased frequency by Afghan forces in order to stop the Taliban from capturing Helmand Province. The gains by Afghan and U.S. forces in recent months have been reversed in weeks of back-and-forth fighting with the Taliban as it recaptured broad swaths of territory. Indeed, the group now controls as much territory as it has at any point since 2001. With the Taliban threat on the march, Afghan and coalition officials have launched a renewed pressure campaign calling for the Obama administration to change the rules of engagement issued to U.S. forces and opt instead for a larger role and freer hand in military operations. The Journal outlines the elements of that fight, and the implications a change would have for the end of combat operations in Afghanistan.

Yet today on Capitol Hill, the United States’ top commander in Afghanistan told Congress that most of the problems challenging the Afghan security forces stem from poor leadership. General John Campbell testified before the House Armed Services Committee as lawmakers grow more skeptical about the worsening security conditions in Afghanistan.

According to the Associated Press, many journalists remain shocked and fearful after the Taliban’s recent suicide bombing that targeted employees of Afghanistan’s largest media company. Journalism has always been a dangerous job in Afghanistan but now journalist fear that they are in the cross-hairs of the the country’s lethal insurgency. The Associated Press has more on the story here.

The Long War Journal reports that a senior al Qaeda leader wanted by the United States is said to have been killed in a drone strike along the Afghanistan-Pakistan border in August 2014. Abu Dujana al Basha was known as the “hidden commander” of al Qaeda and is al Qaeda leader Ayman al Zawahiri's son-in-law. While neither the United States nor al Qaeda have confirmed al Basha’s death, reports of his death have been circulating in jihadist Twitter since early December.

The Associated Press reports that Saudi Arabia has identified an Egyptian national as one of the attackers involved in last week’s suicide bombing against a Shiite mosque. Saudi officials named Talha Hesham Abdo as the attacker. The other attacker, Abdulrahman al Tuwaijri, died when he detonated his suicide vest during the attack.

Elsewhere, the Associated Press tells us that the Russian military has “beefed up” its air fighters in Syria with new state-of-the art jets as tensions between Russia and Turkey mount. Last November, Turkey shot down a Russian fighter jet after it violated its airspace. In a sign of the sour relations between the two nations, Turkey has blocked entry of all Russia’s long-haul trucks. The AP has more on that here.

Speaking of rising tensions, the New York Times reports that the United States is fortifying NATO countries in Central and Eastern Europe in a move that is aimed at deterring Russia from further aggression in the region. President Obama plans to increase the deployment of heavy weapons, armored vehicles, and other military equipment with a budget request of more than $3.4 billion for military spending in Europe in 2017.

The prime ministers of Belgium and France met yesterday in order to reinforce their countries cooperation on counterterrorism. French Premier Manuel Valls warned that it is only a matter of time until the next attack by violent extremists against Europe occurs. Prime Minister Valls and his Belgian counterpart, Charles Michel, held the meeting with high-ranking police, justice, and intelligence officials from both countries.

Chinese President Xi Jinping announced China’s creation of five new military regions as part of a new plan to streamline the 2.3 million-member People’s Liberation Army. The five new military regions also signal President Jinping’s firm control over the military. The north, south, east, west, and central regions replace seven previous regions and are considered “better suited” to command joint operations, the Associated Press tells us.

The Diplomat tells us that Japan has formed a new air wing in an effort to enhance its defenses of the Ryukyu Islands. The new effort comes in response to what Japan perceived as China’s growing assertiveness and military presence in the East China Sea. Read more here.

Homeland Security Secretary Jeh Johnson stated that cybersecurity is a top priority for his agency right alongside of counterterrorism. Secretary Johnson released a statement defending DHS’s premiere cybersecurity tool called Einstein, in response to a critical report from the Government Accountability Office. The Federal Times has more on the topic.

The United States Drug Enforcement Administration (DEA) has uncovered a massive Hezbollah money laundering scheme. The DEA report issued yesterday identified seven countries that were disrupting the money flow for the terrorist group. Read the rest here.

Foreign Policy reports that the State Department is revamping its approach to countering the spread of violent extremist ideology in response to the White House’s and Congress’ growing dissatisfaction. The new change will rename the Bureau of Counterterrorism to the Bureau of Counterterrorism and Countering Violent Extremism.

The Daily Beast has the latest about the Islamic State “fanboy” from North Carolina. Justin Nojan Sullivan was identified by police yesterday as the suspect in a murder case from 2014. Sullivan murdered his elderly neighbor with a rifle he stole from his father. In addition to the murder, Sullivan was reportedly plotting to kill hundreds of people in order to show his support for the Islamic State, the Beast writes.

The Hill reports that a number of GOP Senators are threatening to cut foreign aid to Ghana in the 2017 State Department funding bill if Ghana is unable to monitor and hold the two GTMO detainees that they recently accepted from the United States. Senators Mark Kirk (R-IL), Roy Blunt (R-MO), James Lankford (R-OK), and Steve Daines (R-MT), are proposing to cut foreign aid to Ghana by $10 million per detainee in the event that the detainees escape or re-engage in terrorism.

The Department of Defense is offering voluntary relocation to pregnant family members of active-duty and civilian employees in regions affected by the Zika virus, according to the Military Times. The move comes amid growing concern over an “explosive” outbreak that the World Health Organization has deemed a “global emergency.”

We’d call this “Nat-Geo fencing.” The Dutch National Police Force may soon start enlisting eagles to help take out illegal drones during emergencies. See the rest and watch the video here.

Parting Shot: A Nobel Peace Prize to Edward Snowden? It appears that at least some in Europe think so. As Kristian Berg Harpviken of the Peace Research Institute in Oslo told Reuters, “2016 may finally be Edward Snowden’s year.” We bet he can find a nice flat in Moscow with the prize money.

ICYMI: Yesterday, on Lawfare

Cody outlined events this week in The Week That Will Be.

Jonathan Zittrain gave us the good news and the bad news: we are not “going dark.”

Ben shared his thoughts on Marco Rubio’s Guantanamo fantasy.

Ben also announced the 2016 Triple Entente Beer Summit again. Come join us on February 18th for a beer or three!

Julian Ku commented on the latest U.S. freedom of navigation operations in the South China Sea and how those operations may have already succeeded.

Bruce Schneier weighed in on the security versus surveillance debate.

Paul Rosenzweig shared a video of an eagle taking down a drone. Eagles are now being considered anti-drone weapons.

Email the Roundup Team noteworthy law and security-related articles to include, and follow us on Twitter and Facebook for additional commentary on these issues. Sign up to receive Lawfare in your inbox. Visit our Events Calendar to learn about upcoming national security events, and check out relevant job openings on our Job Board.


Alex McQuade was a national security intern at the Brookings Institution. He recently graduated with a master’s degree in Terrorism and Homeland Security Policy from American University. Alex holds a BA in National Security Studies and Justice and Law, also from American University.
Cody Poplin is a student at Yale Law School. Prior to law school, Cody worked at the Brookings Institution and served as an editor of Lawfare. He graduated from the UNC-Chapel Hill in 2012 with degrees in Political Science & Peace, War, and Defense.

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