National Security, Technology & Law Working Group

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Analysis and Commentary

Foreign Relations Law Supplement

by Jack Goldsmithvia Lawfare
Tuesday, June 27, 2017

Curtis Bradley and I have completed a 23-page Supplement to the new edition of our casebook, Foreign Relations Law: Cases and Materials (6th Ed. 2017). The Supplement addresses, among other things, litigation over the Trump administration’s executive orders relating to immigration, the administration’s announcement that the United States would withdraw from the Paris climate change agreement, the administration’s missile strikes against Syria in April 2017, and the debates and litigation concerning “sanctuary jurisdictions.”

Featured

What Was Most Important In Today’s Supreme Court Immigration Decision

by Jack Goldsmithvia Lawfare
Monday, June 26, 2017

Many are debating the significance of today’s Per Curiam Supreme Court opinion that granted the government’s petitions for certiorari and its stay applications in part. Did the Court signal that it would uphold most elements of the decisions below, as some argued? Did it signal the opposite—that it would reverse most elements of the appellate court rulings? 

Analysis and Commentary

If Rod Rosenstein Recuses: What Happens Next?

by Jack Goldsmith, Benjamin Wittesvia Lawfare
Friday, June 16, 2017

ABC News is reporting that Deputy Attorney General Rod Rosenstein “has privately acknowledged to colleagues that he may have to recuse himself from” his role as Acting Attorney General for the Department’s Russia Investigation. (Recall that Rosenstein assumed that role when Attorney General Sessions recused himself earlier.)

The White House
Analysis and Commentary

If Trump Fires Mueller (Or Orders His Firing)

by Jack Goldsmithvia Lawfare
Tuesday, June 13, 2017

There are growing indications that President Trump may be thinking about getting rid of Special Counsel Robert Mueller. Last weekend one of the President’s private lawyers would not rule out the possibility when asked. Yesterday the President’s allies started talking affirmatively about the possibility.

Featured

Two Reflections On The Comey Statement

by Jack Goldsmithvia Lawfare
Wednesday, June 7, 2017

Though I agree with much of what Ben says about James Comey’s statement, I find myself in greater agreement with David French’s account. As French concludes, “there are some elements that are good for President Trump, but overall it shows a chief executive placing improper pressure on the FBI director — pressure that no GOP politician would tolerate from a Democratic president.” I write to add two points.

Analysis and Commentary

President Trump Nominates Chris Wray For FBI Director

by Jack Goldsmithvia Lawfare
Wednesday, June 7, 2017

This morning President Trump announced that he would nominate Chris Wray as the next Director of the FBI. I worked with Wray in the Justice Department. He was the Assistant Attorney General for the Criminal Division when I was Assistant Attorney General for the Office of Legal Counsel.

Blank Section (Placeholder)Analysis and Commentary

Chinese Cyber Diplomacy In A New Era Of Uncertainty

by Adam Segalvia Aegis Paper Series
Friday, June 2, 2017

After initially taking a relatively defensive, reactive position on the global governance of cyberspace, China under President Xi Jinping has adopted a more activist cyber diplomacy. This foreign policy has three primary goals: limit the threat that the internet and the flow of information may pose to domestic stability and regime legitimacy; shape cyberspace to extend Beijing’s political, military, and economic influence; and counter US advantages in cyberspace and increase China’s room of maneuver. Measured against its objectives, China’s diplomacy would appear relatively successful. The greatest uncertainty for Beijing moving forward is the state of US-China relations.

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.

Analysis and Commentary

Did Comey “Grandstand” Or "Politicize" The Russia Investigation?

by Jack Goldsmithvia Lawfare
Saturday, May 20, 2017

As is well known, President Trump told his Russian friends in the Oval Office: “I just fired the head of the F.B.I. He was crazy, a real nut job. I faced great pressure because of Russia. That’s taken off.” Yesterday afternoon, Sean Spicer tried to explain away the President's comments as follows: “By grandstanding and politicizing the investigation into Russia’s actions, James Comey created unnecessary pressure on our ability to engage and negotiate with Russia.”

Featured

Another Bomb Drops: Initial Thoughts On Trump Asking Comey To Kill The Flynn Investigation

by Helen Klein Murillo, Jack Goldsmith, Susan Hennessey, Quinta Jurecic, Matthew Kahn, Paul Rosenzweig, Benjamin Wittesvia Lawfare
Tuesday, May 16, 2017

The New York Times is reporting that President Donald Trump asked then-FBI Director James Comey to drop the FBI’s investigation into former National Security Adviser Michael Flynn. 

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.

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
In the News

How Our Dependence On The Internet Threatens Our Security

Wednesday, December 2, 2015
Hoover Institution, Washington DC

The Hoover Institution's National Security, Technology, and Law Working Group, along with Hoover's Washington, DC office, in partnership with Lawfare host a discussion on the dangers present on the Internet and how we can do more to prevent cyber-attacks using the most successful defensive strategies.

Event

A Look At The Current Administration's War On Terror

Tuesday, November 10, 2015
Hoover Institution, Washington DC

The Hoover Institution's National Security, Technology, and Law Working Group, along with Hoover's Washington, DC office, in partnership with Lawfare host a discussion about the Obama Administration's strategy on The War on Terror.

Event

Understanding ISIS & its Dark Future

Wednesday, October 21, 2015
Hoover Institution, Washington DC

The Hoover Institution's National Security, Technology, and Law Working Group, along with Hoover's Washington, DC office, in partnership with Lawfare host a discussion on ISIS that will discuss the long, arching threat of ISIS, its religious fervor, strategic calculation, and doomsday prophecy which have shaped the Islamic State's past and foreshadows its dark future.

Event

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The 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 and Benjamin Wittes are the cochairs of the National Security, Technology, and Law Working Group.