National Security, Technology & Law Working Group

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Analysis and Commentary

Israeli Targeting Procedures And The Concept Of Proportionality

by Benjamin Wittesvia Lawfare
Tuesday, December 15, 2015

Yesterday found me in Israel listening—not for the first time—to a briefing on Israel Defense Forces (IDF) targeting practices during Operation Protective Edge, the 2014 military operation against Hamas in Gaza.

Analysis and Commentary

12/9 Session: Afternoon Session: Did The Order Affect Operational Readiness?

by Benjamin Wittesvia Lawfare
Sunday, December 13, 2015

Judge Pohl calls the commission to order, and this time, we actually have a session. Everyone is here except Khalid Sheikh Mohammed and Mustafa Al Hawsawi, but they have waived their presences voluntarily. So we’re good to go.

US flag on military helmet

12/9 Session: Morning Session: Can't We Deconflict?

by Benjamin Wittes
Friday, December 11, 2015

Well, that was a bust! Wednesday morning’s 9/11 military commission session never gets past the opening formalities of verifying that the defendants are all present or, if not, voluntarily waiving their right to be present.

Analysis and Commentary

12/8 Session: Morning Session: On Female Guards And Female Attorneys

by Benjamin Wittesvia Lawfare
Friday, December 11, 2015

It’s Tuesday morning at Guantanamo at precisely 9:07, and Military Judge James Pohl calls the session to order. He is, as always, resplendent in his black robes, judicial authority emanating from his very being.

Featured

More Draft AUMFs!

by Jack Goldsmithvia Lawfare
Friday, December 11, 2015

I wrote yesterday about Representative Schiff’s draft AUMF. Republican representatives Welch and Rigell, Democratic Senator Kaine, and Republican Senator Flake also proposed a new ISIL AUMF yesterday.

Analysis and Commentary

Representative Schiff’s Good New Draft AUMF

by Jack Goldsmithvia Lawfare
Thursday, December 10, 2015

I remain skeptical that Congress will ever pass an ISIL AUMF. But if it is going to enact one, I recommend the one just proposed by Representative Schiff (which differs from the previous two he has proposed).

Analysis and Commentary

An Interesting Question About Donald Trump

by Benjamin Wittesvia Lawfare
Tuesday, December 8, 2015

On Twitter, NYU Law Professor Robert Howse posed a very interesting question about Donald Trump.

Analysis and Commentary

Donald Trump's Latest, And Mai El-Sadany's Latest

by Benjamin Wittesvia Lawfare
Monday, December 7, 2015

My phone just flashed a New York Times update at me: "Donald Trump Calls for Barring Muslims from Entering the U.S."

Analysis and Commentary

Statement From Military Commission Chief Prosecutor Mark Martins

by Benjamin Wittesvia Lawfare
Monday, December 7, 2015

Military Commissions Chief Prosecutor Mark Martins issued the following statement over the weekend in advance of this week's pre-trial hearings in the 9/11 case.

Featured

On The President’s Request For A Vote On An AUMF For ISIL

by Jack Goldsmithvia Lawfare
Monday, December 7, 2015

There were at least two points of note in President Obama’s call last night for Congress to “vote to authorize the continued use of military force against these terrorists.” First, the President did not mention his draft AUMF for ISIL, much less ask Congress to approve that draft.

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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 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.