National Security, Technology & Law Working Group

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Analysis and Commentary

Rational Security: The "You're Nobody 'Til Somebody Hacks You" Edition

by Benjamin Wittesvia Lawfare
Thursday, August 25, 2016

The New York Times and maybe the NSA get hacked; you're just not cool anymore unless you're being hacked by Fancy Bear. Is the U.S. turning the tide of the war on ISIS? 

Analysis and Commentary

Danish Cops And A Different Approach To Youth Radicalization

by Benjamin Wittesvia Lawfare
Wednesday, August 17, 2016

I got behind on my podcast listening and managed not to listen to this month-old episode of Invisibilia until this morning. It's worth Lawfare reader attention—or, at least, the first half of it is. (The second half deals with online dating.)

Analysis and Commentary

A Big Guantanamo Transfer: Progress Towards The Site's Obsolescence

by Benjamin Wittesvia Lawfare
Tuesday, August 16, 2016

The Pentagon announced yesterday the transfer of 15 Guantanamo detainees to the United Arab Emirates.

What Trump's National Security Speech Was Really About

by Benjamin Wittes
Monday, August 15, 2016

Donald Trump is a very strange man. And he gave today a very strange speech on national security.

Analysis and Commentary

Twitter Wins A Round On ISIS Immunity

by Benjamin Wittesvia Lawfare
Thursday, August 11, 2016

Twitter won a first round yesterday on the question of whether CDA § 230 immunizes the company against civil lawsuits over its provision of service to terrorist groups.

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Analysis and Commentary

Presidential Accountability For Capture And Kill Operations Under The PPG

by Benjamin Wittesvia Lawfare
Monday, August 8, 2016

I have now read through the newly-declassified PPG on direct actions, the so-called "Playbook" for drone strikes from May 2013. I won't bother to summarize it, as Marty Lederman has already done so over at Just Security and Charlie Savage has done so at the New York Times.

Analysis and Commentary

Declassified "Procedures For Approving Direct Action" Against Terrorists

by Benjamin Wittesvia Lawfare
Saturday, August 6, 2016

This document was released yesterday. I haven't read it yet, but it is entitled "Procedures for Approving Direct Action Against Terrorist Targets Located Outside the United States and Areas of Active Hostilities" and appears to be a redacted version of the internal policy document that President Obama issued in connection with his May 23, 2013 speech on drone strikes.

Analysis and Commentary

The Justice Department Responds To Sen. Boxer On Sextortion—Sort Of

by Benjamin Wittes, Quinta Jurecicvia Lawfare
Friday, August 5, 2016

Shortly after we released our sextortion reports back in May, Sen. Barbara Boxer wrote a letter to Attorney General Loretta Lynch seeking data on the scope and magnitude of the problem: "court records show that some of these cyber-criminals have blackmailed hundreds of different victims online.

Featured

Quick Reactions To Obama’s UN Gambit On Nuclear Testing

by Jack Goldsmithvia Lawfare
Friday, August 5, 2016

Josh Rogin of the Washington Post reports that “President Obama has decided to seek a new United Nations Security Council resolution that would call for an end to nuclear testing, a move that leading lawmakers are calling an end run around Congress.” The piece’s title says Obama’s gambit will “bypass” Congress.

Executive Power, The Two Party System, And Donald Trump

by Benjamin Wittes
Thursday, August 4, 2016

Over drinks the other evening, I played a parlor game with several of my companions: I asked each to rate on a scale of 1 to 10 how nervous he or she was about a Donald Trump presidency, figuring into the calculation both the likelihood of the event and the magnitude of the disaster it would pose.

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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.