National Security, Technology & Law Working Group

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Analysis and Commentary

Twitter, ISIS, Civil Liability, And Immunity: An Update

by Benjamin Wittesvia Lawfare
Thursday, May 5, 2016

A few months ago, Zoe Bedell and I wrote a series of posts about Twitter and potential liability—both criminal and civil—for material support for terrorist groups arising out of its provision of service to ISIS members and supporters. The series was prompted by litigation against Twitter filed by the families of people killed in ISIS attacks. 

Analysis and Commentary

Rational Security: The "Never Say Never Trump Again" Edition

by Benjamin Wittesvia Lawfare
Thursday, May 5, 2016

Donald Trump becomes the presumptive Republican nominee for president after an overwhelming primary victory in Indiana. Iraq and Syria are in meltdown; why is this time any worse? And the Supreme Court gives the thumbs up to new hacking powers for law enforcement. Plus, Susan is installing a camera in her shower!

Analysis and Commentary

Analysis Of Lawsuit Challenging War Against ISIL

by Jack Goldsmithvia Lawfare
Wednesday, May 4, 2016

Charlie Savage reports that Captain Nathan Michael Smith, an army intelligence officer deployed in Kuwait, has brought a lawsuit challenging President Obama’s interpretive extension of the 2001 AUMF in response to 9/11 the Islamic State.

Analysis and Commentary

Hindsight: Reflections On Fifteen Years Of The War On Terror

by Benjamin Wittesvia Lawfare
Tuesday, May 3, 2016

Rachel Brand earlier linked to the video of one session of the April 26 conference at the Fordham Law School Center on National Security on "Hindsight: Reflections On 15 Years of the War on Terror."

Analysis and Commentary

Drones And The “Internet Of Things-Style Surveillance Network”

by Jack Goldsmithvia Lawfare
Monday, May 2, 2016

Nextgov reports that the State Department has put out a request for information for a wireless intrustion detection system that the story describes as an “Internet of Things-style surveillance network.”

Analysis and Commentary

Using Data To Secure Networks: Optimizing Individual Privacy While Achieving Strong Security

by Benjamin Wittesvia Lawfare
Monday, May 2, 2016

On April 14, in partnership with the Center For Democracy and Technology, Intel Security, and the Hoover Institution, we held a lunch event entitled, “Using Data To Secure Networks: Optimizing Individual Privacy While Achieving Strong Security."

Analysis and Commentary

The Lawfare Podcast: Intel Security's Chris Young On Cybersecurity And A Debate On Using Data To Protect Data

by Benjamin Wittesvia Lawfare
Saturday, April 30, 2016

Earlier this month, Lawfare held a lunch event in partnership with Intel Security, the Hoover Institution, and the Center for Democracy and Technology on whether Big Data analytics are merely a privacy threat or whether data can also be used to protect data.

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In Defense Of FAA Section 702: An Examination Of Its Justification, Operational Employment, And Legal Underpinnings

by John C. "Chris" Inglis, Jeff Kosseffvia Lawfare
Friday, April 29, 2016

The tension between a Nation-state’s need to detect and interdict threats to life, safety and property inevitably conflict with the privacy interests of its individual citizens and private sector entities.

Analysis and Commentary

Action At Guantanamo?

by Benjamin Wittesvia Lawfare
Wednesday, April 27, 2016

Don't look now, but something's happening in the Guantanamo litigation.

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In Defense of FAA Section 702

by John C. "Chris" Inglis, Jeff Kosseffvia Aegis Paper Series
Tuesday, April 26, 2016

An Examination of Its Justification, Operational Employment, and Legal Underpinnings. The authors argue that Congress should reject calls to repeal or amend Section 702 of the FISA Amendments Act.

Pages

Aegis on Lawfare

 
Aegis explores legal and policy issues at the intersection of technology and national security.  Published in partnership with Lawfare, it features long-form essays of the working group, examines major new books in the field, and carries podcasts and videos or the working group’s events in Washington and Stanford.

Security by the Book Podcasts

The Security by the Book podcast series features monthly interviews with authors of important, new national security-oriented books and publications.

The Jean Perkins Foundation Working Group on National Security, Technology, and Law brings together national and international specialists with broad interdisciplinary expertise to analyze how technology affects national security and national security law and how governments can use that technology to defend themselves, consistent with constitutional values and the rule of law.

The group will focus on a broad range of interests, from surveillance to counterterrorism to the dramatic impact that rapid technological change—digitalization, computerization, miniaturization, and automaticity—are having on national security and national security law. Topics include cybersecurity, the rise of drones and autonomous weapons systems, and the need for and dangers of state surveillance. The group’s output will also be published on the Lawfare blog, which covers the merits of the underlying legal and policy debates of actions taken or contemplated to protect the nation and the nation’s laws and legal institutions.

Jack Goldsmith is the chair of the Jean Perkins Foundation Working Group on National Security, Technology, and Law.