National Security & Law Task Force

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Featured Commentary

The Briefing: A Partial Defense of the Front-Page Rule

by Jack Goldsmithvia Advancing a Free Society
Thursday, January 16, 2014
Featured Commentary

The Briefing: Secrecy and Accountability in a Digital Age

by Peter Berkowitzvia Advancing a Free Society
Thursday, January 16, 2014
Featured Commentary

The Briefing: Intelligence Reform: Life Imitates Fiction

by Benjamin Wittesvia Advancing a Free Society
Thursday, January 16, 2014

Two Thoughts on the Sanger/Shanker Story on NSA Infiltration of Foreign Networks

by Jack Goldsmithvia Lawfare
Wednesday, January 15, 2014

David Sanger and Thom Shanker have a lengthy story in the NYT about various NSA techniques for penetrating foreign computers and networks, including a strategy for accessing seemingly air-gapped computers.  Two thoughts: First, this article shows how mu


Philip Bobbitt on the John Batchelor Show

with Philip Bobbittvia John Batchelor Show
Tuesday, January 14, 2014

Guests: Philip Bobbitt, author, The Garments of Court and Palace: Machiavelli and the World That He Made.


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.


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


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.


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


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


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.