National Security, Technology & Law Working Group

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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.

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.

Analysis and Commentary

Encryption As Living Will: Think Before You Drink The Kool-Aid

by Benjamin Wittesvia Lawfare
Tuesday, April 26, 2016

A grieving father in Italy has written to Apple’s chief executive, Tim Cook, to beg him to unblock his dead son’s iPhone so he can retrieve the photographs stored on it.

Analysis and Commentary

e-Residency In Estonia, Part IV: Wherein I Imagine How The Estonian Digital ID Card Could Be Useful

by Benjamin Wittesvia Lawfare
Monday, April 25, 2016

I have a confession to make: Since I used my Estonian digital ID card to swap letters with President Toomas Ilves, I have barely touched it. I keep it in my wallet, prepared to prove my identity at a moment’s notice to anyone online who demands proof that I really am Benjamin Wittes.

Analysis and Commentary

President’s Commission On Enhancing National Cybersecurity

by Jack Goldsmithvia Lawfare
Wednesday, April 13, 2016

Today President Obama announced a Commission on Enhancing National Cybersecurity that is “charged with making recommendations to the nation for actions that can be taken over the next decade to strengthen cybersecurity in both the public and private sector.”

Analysis and Commentary

More On Obama V. Bush On Preemption: Response To Lederman

by Jack Goldsmithvia Lawfare
Tuesday, April 12, 2016

Marty Lederman says in response to my posts that the big difference between the Bush and Obama preemption doctrines was that the Bush Administration “argued that international law permits the United States to engage in a ‘first use’ strike, in a nonconsenting state, against a state or nonstate actor that has not already engaged in an armed attack against the United States, before any threat of attack is ‘fully formed’ — indeed, even where the probability of any such future attack is ‘relatively low.’”

In the News

Reminder: Lunch Event Thursday On "Using Data To Secure Networks: Optimizing Individual Privacy While Achieving Strong Security"

by Benjamin Wittesvia Lawfare
Monday, April 11, 2016

Along with the Center for Democracy and Technology, Intel Security, and the Hoover Institution in Washington, Lawfare is pleased to invite you to join us for a lively debate on "Using Data to Secure Networks: Optimizing Individual Privacy While Achieving Strong Security."

Analysis and Commentary

Beyond Privacy & Security: The Role Of The Telecommunications Industry In Electronic Surveillance

by Mieke Eoyang, David Forsceyvia Aegis
Monday, April 11, 2016

The court fight between Apple and FBI over access to a terrorist iPhone is just the latest chapter in the long-running tension between security professionals trying to get access to information and communications companies who hold user data. The debate is often framed as a balance between government power and individual privacy.

Analysis and Commentary

Good News And Bad News On Privacy, Sextortion, And Going Dark

by Benjamin Wittesvia Lawfare
Thursday, April 7, 2016

This morning, I presented the following speech at Kenyon College—on Jodie Liu and my paper from last year on the privacy benefits of privacy threats, on some forthcoming work we'll be releasing next month on online sexual sextortion, and on Going Dark in relation to the most egregious privacy impacts.

Analysis and Commentary

A Shoutout To Kenyon College

by Benjamin Wittesvia Lawfare
Thursday, April 7, 2016

It's been a bad few years for the free exchange of ideas on campuses around the country. Barely a day goes by where we don't read some story about students at elite institutions trying to silence one another's, or faculty's or visitors', points of view.

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 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.