Matthew Waxman

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Analysis and Commentary

Updating The 2001 AUMF At Long Last? On The Flake-Kaine Bill

by Robert Chesney, Jack Goldsmith, Matthew Waxman, Benjamin Wittesvia Lawfare
Tuesday, May 30, 2017

It is past time for Congress to update the 2001 Authorization for the Use of Military Force (AUMF), explicitly authorizing the armed conflict with the Islamic State while also adding further important reforms to that foundational instrument. The bill that Senators Flake (R-AZ) and Kaine (D-VA) introduced this week would serve that purpose well.

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The Other Forever War

by Jack Goldsmith, Matthew Waxmanvia Hoover Digest
Friday, January 27, 2017

It’s been two long years since we launched a war against the Islamic State, yet the American people have never had a chance to debate it—or consent to the sacrifices it entails. 

Analysis and Commentary

The Power To Wage War Successfully

by Matthew Waxmanvia Lawfare
Thursday, October 13, 2016

A little more than 99 years ago, and several months after the United States declared its entry into the Great War against the Central Powers of Europe, Charles Evans Hughes declared in a widely publicized speech that “the [constitutional] power to wage war is the power to wage war successfully.”

Analysis and Commentary

NY State Cyber Regulation For Banks: A Model?

by Marcel Bucsescu, Matthew Waxmanvia Lawfare
Monday, September 19, 2016

On September 13, 2016, New York Governor Andrew Cuomo announced a set of proposed cybersecurity regulations for financial services companies that fall under the jurisdiction of the New York State Department of Financial Services (NYSDFS): Cybersecurity Requirements for Financial Services Companies. 


The Other Forever War Anniversary

by Jack Goldsmith, Matthew Waxmanvia Time
Saturday, September 10, 2016

The United States had been bombing the Islamic State sporadically throughout the summer of 2014, under the President’s Article II Commander-in-Chief power. But at about the time on September 10 when President Obama announced the United States’ ramped-up efforts “to degrade and ultimately destroy” the Islamic State, he also shifted the legal basis for the effort to the 2001 Authorization to Use Military Force (AUMF) that had been the foundation for the conflict against the Taliban, al Qaeda, and Associates since a few days after the 9/11 attacks. 

Analysis and Commentary

Obama's Legal Legacy Of Light Footprint Warfare

by Jack Goldsmith, Matthew Waxmanvia Lawfare
Tuesday, July 26, 2016

We have a new piece in The Washington Quarterly, titled “The Legal Legacy of Light-Footprint Warfare.”  President Obama’s approach to military intervention has generally emphasized stealthy and often long-distance warfare as an alternative to his predecessor’s heavy “boots on the ground” approach. 

Analysis and Commentary

Bellovin Appointed Technology Scholar To PCLOB

by Matthew Waxmanvia Lawfare
Friday, February 12, 2016

Congratulations to my Columbia University colleague Steve Bellovin, who was just appointed as the first Technology Scholar of the Privacy and Civil Liberties Oversight Board.

Analysis and Commentary

How Does Israel Regulate Encryption?

by Matthew Waxman, Doron Hindinvia Lawfare
Monday, November 30, 2015

Recent terrorist attacks and resulting questions about the limits of surveillance have rekindled debate about how governments should deal with the challenges of powerful, commercially available encryption.

Analysis and Commentary

My Review Of Charlie Savage's Book, Power Wars

by Matthew Waxmanvia Lawfare
Saturday, November 7, 2015

Earlier this week, Time magazine published reviews of Charlie Savage's new book, Power Wars, by me and former Obama White House Counsel Bob Bauer.

Analysis and Commentary

Similar Ethical Dilemmas For Autonomous Weapon Systems And Autonomous Self-Driving Cars

by Kenneth Anderson, Matthew Waxmanvia Lawfare
Friday, November 6, 2015

In writing about autonomous weapon systems (AWS) and the law of armed conflict, we have several times observed the similarities between programming AWS and programming other kinds of autonomous technologies, as well as the similarities of ethical issues arising in each.