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Office of the Director of National Intelligence General Counsel Robert Litt has published a new essay in The Yale Law Journal that will likely be of interest to Lawfare readers. Entitled "The Fourth Amen...
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A few weeks ago, as anyone who is not living under a rock will remember, the FBI withdrew its effort to force Apple to unlock an iPhone because, as it told the court, it gained access to the phone throug...
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Security developers tussle between security and usability every day, but security and not weakness has to be the starting point.
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In 2014, at the very beginning of the “Going Dark debate,” FBI Director James Comey gave a challenge to the technical community. Is it possible to create a “front-door” that law enforcement can use to ac...
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On February 16, US Magistrate Judge Sheri Pym, responding to an FBI request, ordered Apple to provide software to bypass the company's technical protections; this would unlock the work phone of Syed Faro...
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A grieving father in Italy has written to Apple’s chief executive, Tim Cook, to beg him to unblock his dead son’s iPhone so he can retrieve the photographs stored on it.
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As readers are well aware, Senators Richard Burr and Dianne Feinstein released draft legislation on encryption, the “Compliance with Court Orders Act” (CCOA), the other day. Judging by the apocalyptic te...
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The Office of the Director of National Intelligence released three redacted Foreign Intelligence Surveillance Court opinions (FISC) yesterday, respectively on a pen register and trap-and-trace case, Sect...
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Today at 10 am, the House Energy and Commerce Committee will hold a hearing entitled "Deciphering the Debate Over Encryption: Industry and Law Enforcement Perspectives."
The two-panel hearing will incl...
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I want to engage in a thought experiment or, if you prefer, a wargame exercise. I want to look at what will likely happen in the days, weeks and months after Feinstein-Burr passes.
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Apple and the FBI may have settled the litigation over the San Bernadino iPhone, but that doesn’t mean the fight is over. With Congress on the verge of considering new legislation to compel technology co...
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Bobby Chesney, Susan Hennessey, and Benjamin Wittes just posed a "Quick question" to Apple's HR, that is, does Apple have a backdoor into their employee's work devices? In phrasing this question, it is ...