Benjamin Wittes

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Analysis and Commentary

Civil Liability For End-To-End Encryption: Threat Or Fantasy? Part II

by Benjamin Wittes, Zoe Bedellvia Lawfare
Thursday, July 30, 2015

In the first part of this series, we looked at the question of whether Apple could be held liable in a negligence tort for refusing to retain the ability to provide law enforcement with decrypted communications in response to legal process.

Analysis and Commentary

The Best US Database To Hack? A Lawfare Contest

by Benjamin Wittes, Paul Rosenzweigvia Lawfare
Tuesday, July 28, 2015

Yesterday, each of us considered the question of which unclassified databases in the US would be worth it for the Chinese to hack next.

Analysis and Commentary

Other Unclassified Databases The Chinese Are Probably Stealing

by Benjamin Wittesvia Lawfare
Monday, July 27, 2015

Let's play a game called, "If I were the PLA, I'd Spy With My Little Eye." Ever since the OPM hack, I've been thinking about other unclassified government databases a foreign intelligence service that wants OPM data, trade secrets, and Anthem health records would likely find attractive.

Analysis and Commentary

More Videos From The Aspen Security Forum

by Benjamin Wittesvia Lawfare
Monday, July 27, 2015

I posted a first batch last week. Here are the rest of the videos from this year's Aspen Security Forum.

Analysis and Commentary

Rational Security, "The Chinese Cookie Monster" Edition

by Benjamin Wittesvia Lawfare
Saturday, July 25, 2015

This week on the show, Shane and I are abandoned by Tamara, who has run off to the Aspen Security Forum—to which neither of us were invited. So we bring back special guest Wells Bennett, and invite Lawfare intern Quinta Jurecic on as well.

Analysis and Commentary

The Lawfare Podcast: Comey, Johnson, And Rogers Speak At Aspen

by Benjamin Wittesvia Lawfare
Saturday, July 25, 2015

This week, the Aspen Security Forum featured interviews with—among others—FBI Director James Comey, DHS Secretary Jeh Johnson, and NSA Director Adm. Michael Rogers.

Analysis and Commentary

Videos From The Aspen Security Forum

by Benjamin Wittesvia Lawfare
Thursday, July 23, 2015

If, like me, you were not invited to this year's Aspen Security Forum, you're probably thinking right now, "Gee, I wish someone would post all the videos of the great events I'm not getting to attend."

Analysis and Commentary

Civil Liability For End-To-End Encryption: Threat Or Fantasy? Part I

by Benjamin Wittes, Zoe Bedellvia Lawfare
Tuesday, July 21, 2015

Last week, one of us noted Senator Sheldon Whitehouse’s question to Deputy Attorney General Sally Yates asking whether the manufacturers of encrypted devices might be liable civilly if FBI Director James Comey’s “going-dark” warnings were to come true and public safety were to be harmed as a result.

Analysis and Commentary

Marshall Erwin On The FBI's "Going Slowly"

by Benjamin Wittesvia Lawfare
Monday, July 20, 2015

Over at Just Security, Marshall Erwin has an excellent article entitled, "The FBI’s Problem Isn’t 'Going Dark.' Its Problem is Going Slowly." I'm not sure how much of Erwin's argument I agree with—definitely some, but not all—but his piece is thoughtful and informative and makes a number of good points.

Analysis and Commentary

Drone Firing Handgun

by Benjamin Wittesvia Lawfare
Thursday, July 16, 2015

A few months ago, I wrote a post about a drone that can fire a paintball gun with great accuracy. I concluded, "If this is what's doable by hobbyists today, think about what will be possible five, ten, or 20 years from now."

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