National Security & Law Task Force

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Interviews

Stewart Baker on Morning Edition

with Stewart Bakervia Morning Edition (NPR)
Thursday, January 9, 2014

There's been a vigorous debate over the fate of Edward Snowden, who leaked classified details about the activities of the National Security Agency. Some believe he started an important debate over privacy and security. David Greene talks to former NSA general counsel Stewart Baker, who believes having that debate so openly is dangerous.

Blogs

A Modest Proposal for NSA Data Collection

by Kenneth Andersonvia Lawfare
Thursday, January 9, 2014

I have a suggestion for solving nearly all of NSA’s problems: A click-through agreement. A peculiarity of the NSA data collection controversy is that the US public, we are told, is outraged by NSA activities, including the collection of "metadata," on t

Blogs

Assessing the Review Group Recommendations: Part IV

by Benjamin Wittesvia Lawfare
Sunday, January 5, 2014

Closing out our discussion of the Review Group recommendations in Chapter IV, let's consider the latter two recommendations of the chapter: Recommendations #14 and #15. Recommendation #14 is, to me anyway, one of the real mysteries of the entire report.

Blogs

Assessing the Review Group Recommendations: Part V

by Benjamin Wittesvia Lawfare
Friday, January 3, 2014

Chapter V of the Review Group report turns to what we might call the problem of Angela Merkel. It's not about what the legal authorities to spy should look like. It's about what policy structures should govern "Determining What Intelligence Should Be Colle

Blogs

Assessing the Review Group Recommendations: Part III

by Benjamin Wittesvia Lawfare
Tuesday, December 31, 2013

In Parts I and II of this series, I focused on the Review Group recommendations from Chapter III of the group's report. Starting in this post, I turn to the recommendations of Chapter IV, which deal with collection under Section 702 and other authorities d

Blogs

Morosov on the Significance of Snowden

by Jack Goldsmithvia Lawfare
Friday, December 27, 2013

Evgeny Morosov has an interesting piece in the FT that asks about the broader and mostly ignored implications of Snowden’s revelations about the scope of NSA surveillance.  He argues that controlling the NSA and raising government privacy protections does

Blogs

40,000 Foot Reactions to President’s Review Group Report and Recommendations

by Jack Goldsmithvia Lawfare
Friday, December 20, 2013

Pre-Snowden, the USG faced few constraints in its collection and analysis other than what the law imposed and what its large budget permitted.  Within these constraints, the USG could focus almost solely on the national security benefit side of communicati

Blogs

Lawfare Podcast Episode #56: Inside NSA, Part V–An Interview with Fran Fleisch, the Agency’s Acting Deputy Director

by Benjamin Wittesvia Lawfare
Friday, December 20, 2013

It’s the final episode of “Inside NSA: We Brought in a Recording Device So You Don’t Have To”—our special series of podcast interviews we've been running this week with senior NSA officials. In the fifth and last installment, I speak with Fran Fleisch,

Blogs

Lawfare Podcast Episode #55: Inside NSA, Part IV–We Speak with Anne Neuberger, the Woman on Front Lines of NSA’s Relations with Industry

by Benjamin Wittesvia Lawfare
Thursday, December 19, 2013

It’s Day 4 of “Inside NSA: We Brought in a Recording Device So You Don’t Have To”—the special series of podcast interviews we've been running this week with senior NSA officials. In our penultimate episode, we speak with Anne Neuberger, who has the unen

Interviews

Peter Berkowitz on the John Batchelor Show (19:22)

with Peter Berkowitzvia John Batchelor Show
Thursday, December 19, 2013

co-host Malcolm Hoenlein, Conference of Presidents of Major American Jewish Organizations; Peter Berkowitz, Hoover; Tamar Lewin, NYT.

Pages

The Briefing

The Briefing provides perspectives on national security under the auspices of the rule of law and US constitutional law.

Lawfare Blog

The National Security and Law Task Force examines the rule of law, the laws of war, and American constitutional law with a view to making proposals that strike an optimal balance between individual freedom and the vigorous defense of the nation against terrorists both abroad and at home.

The task force’s focus is the rule of law and its role in Western civilization, as well as the roles of international law and organizations, the laws of war, and U.S. criminal law. Those goals will be accomplished by systematically studying the constellation of issues—social, economic, and political—on which striking a balance depends.

Peter Berkowitz serves as chair of the National Security and Law Task Force.