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Cybercrime Roundup: The CFAA, Dog Sniffs, and Broken Hearts
9th Circuit and the CFAA This summer the 9th Circuit released two significant opinions on the Computer Fraud and Abuse Act (CFAA), which prohibits acts of computer trespass by those who are not authoriz... -
No, DHS is Not Going to "Take Over" the Electoral System
There is much, of course, to be said about the reported Russian intrusion into various aspects of our electoral system. -
Altering Voter Registration Databases to Tilt the Election
The recent penetrations of state voter registration databases in Arizona and Illinois have, so far, been limited to data exfiltration. Much of the information contained in voter registration databases is... -
The Lawfare Podcast: Geeking Out on Al-Nashiri with Michel Paradis and Bob Loeb
IT'S OUR SIXTH BIRTHDAY! -
The Al Nashiri II Decision: An Opportunity to Reconsider the Transfer Restrictions
Yesterday, I spent a very enjoyable hour with Bob Loeb and Michel Paradis recording this week's Lawfare Podcast, which is a discussion of the D.C. Circuit's decision this week in Al Nashiri II. I won't g... -
Thoughts on Al Nashiri II
Steve Vladeck this morning beat me to the punch on a key takeaway about the Al Nashiri II decision yesterday. But his attitude toward the subject is a bit different from mine. So while I agree with him o... -
DC Circuit in Al-Nashiri: All Clear for Military Commission Trial
The D.C. Circuit decided Tuesday that it would let a military commission take the first whack at a crucial issue in the prosecution of Abd Al-Rahim Al-Nashiri, the alleged mastermind of the attack on the... -
Al-Nashiri II: Comity, Legitimacy, and the Military Commissions
Unless you're someone who keeps a copy of Hart & Wechsler on your desk, you probably don't care that much about Tuesday's divided ruling by the D.C. Circuit in In re Al-Nashiri (which, for ease of refere... -
DC Circuit Rules on Nashiri
This morning, the DC Circuit Court of Appeals handed down a decision on Abd al Rahim al Nashiri's petition for a writ of mandamus to dissolve the military commission convened to try him. The court denied... -
Mexico’s Resurging Violence
The Mexican government’s July murder numbers are out, and they are—in short—pretty grim. During July, more than 2,000 Mexicans were killed, which for context is 25 percent higher than last year and the m... -
Honoring the Legacy of Mitsuye Endo
I published an op-ed today marking the seventieth anniversary of the closing of the last of the World War II “Relocation Centers” established by the federal government to intern Japanese Americans during... -
Watermelons and National Security: Protecting U.S. Foreign Intelligence Collection from Unnecessary Disclosure
In 1966, Congress enacted the Freedom of Information Act (FOIA) to create a legal regime under which the American public could gain access to information about its government’s activities. In keeping wit...
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