National Security, Technology & Law Working Group

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Analysis and Commentary

A Very Long, Very Uninteresting Guantanamo Story

by Benjamin Wittesvia Lawfare
Wednesday, August 3, 2016

I had been looking forward to this very long story in the New Yorker, in part because the title is interesting. "Why Obama Has Failed to Close Guantanamo: Congress is blamed for preventing the President from fulfilling his pledge. But that’s not the whole story."

Trump Calls For More Espionage Against The Country He Wants To Lead

by Benjamin Wittes
Wednesday, July 27, 2016

You can't make this stuff up. The GOP candidate for President of the United has apparently just called on Russian intelligence services to conduct illegal espionage against his opponent.

Is Trump A Russian Agent? A Legal Analysis

by Susan Hennessey, Benjamin Wittes
Wednesday, July 27, 2016

An amazing debate is taking place among serious analysts and journalists in the United States regarding the relationship between the Republican nominee for President and the Russian state.

Analysis and Commentary

Rational Security: The "How Cosy Is Your Bear?" Edition

by Benjamin Wittesvia Lawfare
Wednesday, July 27, 2016

How fancy is your bear? You can't make this stuff up. The Russian government hacks the Democratic National Committee. Is Moscow trying to swing the election for Donald Trump? Will it work or backfire?

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

More Thoughts On The DNC Hack

by Jack Goldsmithvia Lawfare
Tuesday, July 26, 2016

Earlier today I wrote the following tweets, collected here in one place, in reaction to the DNC hack.

Trump and the Powers of the American Presidency, Part III

by Benjamin Wittes
Monday, July 25, 2016

Here’s an idea for a marriage of man and institution: Take a man who openly advocates criminal activity by American forces, who promises retaliation against his political enemies and against media that criticize him, who pronounces people guilty of crimes for which they have never been indicted despite lengthy investigations, and who scorns legal compliance as “political correctness.”

Featured

What Is Old, And New, And Scary In Russia’s Probable DNC Hack

by Jack Goldsmithvia Lawfare
Monday, July 25, 2016

David Sanger and Nicole Perlroth of the NYT summarize the evidence of a Russia-based hack of the DNC emails.

Analysis and Commentary

Can Congress Invent New Offenses Against The Law Of Nations?

by Jack Goldsmithvia Lawfare
Wednesday, July 20, 2016

Lawfare’s Alex Loomis has an excellent paper on SSRN that might interest Lawfare readers: The Power to Define Offences against the Law of Nations

Analysis and Commentary

House Legislation On Sextortion Introduced

by Benjamin Wittesvia Lawfare
Thursday, July 14, 2016

Yesterday, Reps. Katherine Clark (D-Mass.) and Susan Brooks (R-Ind.) introduced this bill, which they have dubbed the "Interstate Sextortion Prevention Act." The bill keeps the promise Rep. Clark made the day our Brookings sextortion studies came out to introduce legislation to combat the problem. 

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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.