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Mining Big Data for Public Opinion on NSA

by Benjamin Wittesvia Lawfare
Thursday, April 3, 2014

I'm sitting here at Bobby's NSA conference at the University of Texas. I just listened to former OLC head Steve Bradbury discuss metadata with Jennifer Daskal, and now I'm listening to Tim Edgar and Jennifer Grannick debate content collection. So I have Bi


Geoffrey Stone on How Review Group Service Changed His View of NSA

by Benjamin Wittesvia Lawfare
Tuesday, April 1, 2014

Very interesting post over at Huffington Post from Geoffrey Stone about his Review Group service, his changed view of NSA, and trust of the spy agency. Quite moving, actually. Writes Stone: From the outset, I approached my responsibilities as a member of


More Convergence on Metadata

by Benjamin Wittesvia Lawfare
Monday, March 31, 2014

On Thursday, I posted this item noting a possible convergence of civil liberties interests and NSA's operational needs in the President's metadata proposal. The basic idea was that the president's proposed system to end bulk metadata collection actually ha


Snowden v. Ledgett at TED

by Benjamin Wittesvia Lawfare
Friday, March 21, 2014

Edward Snowden gave a TED talk at TED2014: After it, TED folks offered NSA a chance to respond---and Rick Ledgett, deputy director of the agency, showed up by video conference to answer questions:


Snowden Disclosures and Norms of Cyber-Attacks

by Matthew Waxmanvia Lawfare
Thursday, March 20, 2014

Secrecy---of the sort that typically shrouds cyber-defense and cyber-attack capabilities and doctrine---complicates the development of international norms.  Secrecy makes it difficult to engage in sustained diplomacy about rules.  Officials can talk about


A Modest Proposal for NSA

by Benjamin Wittesvia Lawfare
Tuesday, March 18, 2014

I had an idea the other day---a way for NSA to serve the national interest, do good for humanity, and improve its public image all at once. Drum roll, please! NSA should get into the business of publishing trade secrets stolen from companies in countries t


The Precedential Value of the Kosovo Non-Precedent Precedent for Crimea

by Jack Goldsmithvia Lawfare
Monday, March 17, 2014

When the Obama administration invoked the 1999 Kosovo intervention as a precedent in the run-up to the planned Syria invasion, I wrote a post that argued that Kosovo was not a precedent for lawful international action.  The Kosovo intervention violated the


From the Department of Dubious Civil Liberties Accomplishments

by Benjamin Wittesvia Lawfare
Monday, March 17, 2014

Amidst the flap between the CIA and the SSCI last week, you may have missed the news about the back-and-forth between NSA and the FISA court over whether the agency may, must, or mustn't retain telephony metadata past the five year deadline for its destruc

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Build the Infrastructure for Arab-Israeli Peace

by Peter Berkowitzvia Real Clear Politics
Monday, March 17, 2014

TEL AVIV – A perception has increasingly taken hold that the threat to Israel from conventional military operations has never been slighter.


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.