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Reflections on U.S. Economic Espionage, Post-Snowden

by Jack Goldsmithvia Lawfare
Tuesday, December 10, 2013

Cheng Li’s and Ryan McElveen’s good post over the weekend (via Daniel Byman) sparked the following reflections on U.S. economic espionage, post-Snowden.  Li and McElveen nicely summarize U.S.-Chinese relations concerning cybersecurity in the run-up to and


This Year’s NDAA: A Big Win for the Administration on Guantanamo

by Benjamin Wittesvia Lawfare
Tuesday, December 10, 2013

I have only had a chance to look briefly at the Guantanamo-related provisions of the House-Senate compromise NDAA, but the text looks to me like a big win for the Obama administration---and for common sense. The administration will cast this as a step f


Forced Repatriation is Part of Closing Guantanamo

by Matthew Waxmanvia Lawfare
Saturday, December 7, 2013

As the Obama administration re-energizes efforts to winnow the Guantanamo population through transfers to other countries, it will be squeezed from many sides -- including from those who see the transfer arrangements as insufficiently protective of America


Peter Berkowitz on the John Batchelor Show (30:46)

with Peter Berkowitzvia John Batchelor Show
Thursday, December 5, 2013

Guests: Gordon Chang, John Tamny, Forbes Opinion. Mary Anastasia O'Grady, Wall Street Journal AMERICAS. Peter Berkowiitz, Hoover & Real Clear Politics. 


Judge Edwards’s Odd Concurrence in Ali

by Benjamin Wittesvia Lawfare
Wednesday, December 4, 2013

Both Raffaela and Steve have already noted the D.C. Circuit's opinion yesterday in Abdul Razak Ali v. Obama, the latest Guantanamo habeas case. Both also took note of Senior Judge Harry Edwards's brief opinion concurring in the judgment affirming the distr


Extraordinary U.S. Press Freedom to Report Classified Information

by Jack Goldsmithvia Lawfare
Monday, December 2, 2013

The Washington Post reported last week that the United States government had decided not to prosecute Julian Assange for his role in the massive release of classified State Department cables because “government lawyers said they could not do so without als

Other Media

NSA and Big Data: Crazy Stupid Love

with Amy Zegart, Marshall Erwinvia USA Today
Saturday, November 30, 2013

In 2010, then-Google CEO Eric Schmidt told attendees at the Techonomy conference in Lake Tahoe that humanity was now creating as much information every two days as it did from the dawn of civilization up to

Other Media

Former US Negotiator: Iran Deal Could Be a Good First Step

with Abraham D. Sofaervia Jerusalem Post
Thursday, November 28, 2013

Abraham D. Sofaer served the administrations of Ronald Reagan and George H.W. Bush.

Other Media

Will the NSA Be Reformed?

with Amy Zegartvia Los Angeles Times
Sunday, November 24, 2013

Remember Edward Snowden ? For a while, the National Security Agency 's renegade contractor seemed like the most influential man in American intelligence, even though he's been hiding out in Moscow. Snowden's disclosures touched off a wave of enthusiasm in Congress for reforming the NSA's surveillance practices — and anger overseas when he revealed that American spies were listening to foreign leaders' cellphone calls.


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.