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Blank Section (Placeholder)Essays

Roles and Responsibilities of Information Intermediaries: Fighting Misinformation as a Test Case for a Human Rights–Respecting Governance of Social Media Platforms

by Wolfgang Schulzvia Aegis Paper Series
Thursday, November 14, 2019

While many countries have initially opted to give online platforms a “safe harbor,” for speech, we are now witnessing trends to weaken that protection.

Blank Section (Placeholder)EssaysAnalysis and Commentary

Verified Accountability

by Evelyn Douekvia Aegis Paper Series
Tuesday, September 17, 2019

The way platforms currently conduct content moderation has been delegitimized, and new forms of governance will need to emerge to meet the demands of the moment. Semi-independent and transparent self-regulatory oversight mechanisms offer significant advantages. As the actors closest to the front line, platforms will always need to play a significant role in drawing lines for online speech, given the high-volume, fast-moving and context-dependent nature of the decisions involved.

Featured

Thoughts On Barr And The Mueller Report

by Jack Goldsmithvia Lawfare
Saturday, May 4, 2019

I’ve been in a cave for several weeks crashing to complete my new book, and am only now emerging to read Special Counsel Robert Mueller’s report and the commentary on it. I’ll hopefully have more to say on the report, especially on its legal analysis of criminal obstruction of justice as applied to the president. But for now I want to comment on the reaction to Attorney General William Barr’s handling of the report in his March 24 letter and his May 1 testimony. It seems over the top to me.

Analysis and Commentary

What Is And Isn’t A Big Deal In Trump’s Executive Actions Related To The Border

by Jack Goldsmithvia Lawfare
Saturday, February 16, 2019

On Feb. 15, President Trump took a number of legal steps, including declaring a national emergency and invoking emergency authorities, in connection with his efforts to construct a wall on the southern border. There are important senses in which Trump’s actions are a big deal, and important senses in which they are not nearly as big a deal as many contend.

Blank Section (Placeholder)EssaysAnalysis and Commentary

Who Do You Sue?

by Daphne Kellervia Aegis Paper Series
Tuesday, January 29, 2019

This essay closely examines the effect on free-expression rights when platforms such as Facebook or YouTube silence their users’ speech. The first part describes the often messy blend of government and private power behind many content removals, and discusses how the combination undermines users’ rights to challenge state action. The second part explores the legal minefield for users—or potentially, legislators—claiming a right to speak on major platforms. The essay contends that questions of state and private power are deeply intertwined. To understand and protect internet users’ rights, we must understand and engage with both.

Featured

Constitutional Issues Relating To The NATO Support Act

by Curtis A. Bradley, Jack Goldsmithvia Lawfare
Monday, January 28, 2019

President Trump is making noises again about withdrawing the United States from the North Atlantic Treaty, which established NATO. Last week the House of Representatives voted 357-22 in support of the NATO Support Act. The bill does three things. First, it states the “sense of Congress” that the president “shall not withdraw the United States from NATO,” and that “the case Goldwater v. Carter is not controlling legal precedent.” 

Featured

On What Grounds Can The FBI Investigate The President As A Counterintelligence Threat?

by Jack Goldsmithvia Lawfare
Sunday, January 13, 2019

The New York Times reported on Jan. 11 that the FBI “began investigating whether President Trump had been working on behalf of Russia against American interests” soon after Trump fired FBI Director James Comey in May 2017. In other words, the FBI opened a counterintelligence investigation on the president.

Blank Section (Placeholder)EssaysAnalysis and Commentary

The Important, Justifiable, And Constrained Role Of Nationality In Foreign Intelligence Surveillance

by Peter Swire, Jesse Woo, Deven R. Desaivia Aegis Paper Series
Tuesday, January 8, 2019

This article addresses whether governments ever have a justified basis for treating targets of surveillance differently, in any way, based on nationality. Topics include (1) three ways nationality can matter to surveillance; (2) reasons for stricter rules for law enforcement and domestic collection; (3) reasons for different rules based on the location of collection; (4) the universalist critique of surveillance laws based on nationality; and (5) reasons that can justify stricter surveillance rules based on nationality. Stricter protections are warranted because surveillance of nationals and others with a close connection to the domestic policy poses a special threat to the political opposition and free press of a country, both of which play crucial roles in limiting abuses of state power.

Analysis and Commentary

A Qualified Defense Of The Barr Memo: Part I

by Jack Goldsmithvia Lawfare
Friday, January 4, 2019

Daniel Hemel and Eric Posner have harshly criticized William Barr’s memo on Special Counsel Robert Mueller’s obstruction of justice theory. They say (in the New York Times) that the memo “seriously damages [Barr’s] credibility and raises questions about his fitness for the Justice Department’s top position” and (later, on Lawfare) that the memo is “poorly reasoned.”

Analysis and Commentary

The Death Of Article II Treaties?

by Curtis A. Bradley, Oona A. Hathaway, Jack Goldsmithvia Lawfare
Thursday, December 13, 2018

President Trump has submitted only one treaty to the Senate so far in his presidency. That is a historic low, and it is the latest sign that the Article II treaty process may be dying.

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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.

In the News

Code Warriors: NSA's Codebreakers And The Secret Intelligence War Against The Soviet Union

Wednesday, July 13, 2016
Hoover Institution, Washington DC

The Hoover Institution hosted "Code Warriors: NSA's Codebreakers And The Secret Intelligence War Against The Soviet Union" on Wednesday, July 13, 2016 from 5:00pm - 7:00pm.

Event
Analysis and Commentary

Dark Territory: The Secret History Of Cyber War

Wednesday, June 15, 2016
Hoover Institution, Washington DC

The Hoover Institution hosted "Dark Territory: The Secret History Of Cyber War" on Wednesday, June 15, 2016 from 5:00pm - 7:00pm.

Event

Constitutionality Of The U.S. Drone War

Wednesday, May 11, 2016
Hoover Institution, Washington DC

The Hoover Institution hosted "Targeting Americans: Constitutionality Of The U.S. Drone War" on Wednesday, May 11, 2016 from 5:00pm - 7:00pm.

Event
In the News

Home Sweet Homeland: Lessons For A More Resilient Nation

Tuesday, April 26, 2016
Hoover Institution, Washington DC

The Hoover Institution hosted "Home Sweet Homeland: Lessons For A More Resilient Nation" on Tuesday, April 26, 2016 from 5:00pm - 7:00pm.

Event
In the News

Using Data To Secure Networks

Thursday, April 14, 2016
Hoover Institution, Washington DC

The Hoover Institution hosted "Using Data To Secure Networks: Optimizing Individual Privacy While Achieving Strong Security" on Thursday, April 14, 2016 from 12:00pm - 2:00pm. The event video is below.

Event
In the News

The Hacked World Order

Monday, March 28, 2016
Hoover Institution, Washington DC

The Hoover Institution hosted "The Hacked World Order" on Monday, March 28, 2016 from 5:00pm - 7:00pm.

Event
In the News

American Intelligence In The Age Of Terror

Friday, March 11, 2016
Hoover Institution, Washington DC

The Hoover Institution hosted "American Intelligence In The Age Of Terror" on Friday, March 11, 2016 from 5:00pm - 7:00pm. The event video is below.

Event
In the News

Law As A Weapon Of War

Wednesday, February 17, 2016
Hoover Institution, Washington DC

The Hoover Institution hosted "Law as a Weapon of War" on Wednesday, February 17, 2016 from 5:00pm - 7:00pm. The event was recorded and can be listened to below.

Event
In the News

The Next Wave Of Surveillance Reform

Monday, January 25, 2016 to Tuesday, January 26, 2016
Hoover Institution, Stanford University

The National Security, Technology, and Law Working Group at the Hoover Institution at Stanford University is hosting a symposium on “The Next Wave of Surveillance Reform,” taking place on January 25 and 26, 2016, at the Hoover Institution in Stanford, CA.

- By Invitation Only -

Event
In the News

Women Soldiers On The Battlefield

Tuesday, January 19, 2016
Hoover Institution, Washington DC

The Hoover Institution's National Security, Technology, and Law Working Group, along with Hoover's Washington, DC office, hosted a discussion on the growing role of women soldiers in special operations and beyond in America's post-9/11 wars on Tuesday, January 19, 2016 from 5:00pm - 7:00pm.

Event

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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.