by Benjamin Wittes (member of the Task Force on National Security and Law)
Adam Klein and Benjamin Wittes show that contrary to civic mythology, the extra-criminal detention of terrorism suspects is not “an extraordinary aberration from a strong American constitutional norm...
by Benjamin Wittes (member of the Task Force on National Security and Law)
In this paper, we look at one corner of the problem of regulating the mosaic—the problem of access by government investigators to individuals’ personal data stored in the hands of third parties...
by Jack Goldsmith (member of the Task Force on National Security and Law)
...[I]magine that sometime in the near future the government mandates the use of a government-coordinated intrusion-prevention system throughout the domestic network to monitor all communications, including private ones...
by Benjamin Wittes (member of the Task Force on National Security and Law)
The future of innovation has a dark and dangerous side, one we dislike talking about and often prefer to pretend does not, in fact, loom before us. Yet it is a side that the Constitution seems preponderantly likely to have to confront...
by Benjamin Wittes (member of the Task Force on National Security and Law)
Here's a simple proposal to break the impasse over how to proceed against Khalid Sheik Mohammed and his colleagues: Press charges in both military commissions and in federal court. Call it the John Allen Muhammad model...
by Jack Goldsmith (member of the Task Force on National Security and Law)
The Obama administration wants to show that federal courts can handle trials of Guantánamo Bay detainees, and had therefore placed high hopes in the prosecution of Ahmed Khalfan Ghailani, accused in the 1998 bombings of American embassies in East Africa...
