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Analysis and Commentary

Winter 2018 Supplement For Bradley & Goldsmith, Foreign Relations Law: Cases And Materials

by Jack Goldsmithvia Lawfare
Tuesday, December 4, 2018

Below is the Winter 2018 Supplement for Bradley & Goldsmith, Foreign Relations Law: Cases and Materials (6th ed. 2017). These materials cover, among many other things, the Supreme Court’s decision in Trump v. Hawaii (the “travel ban” case), which is excerpted with questions; the Supreme Court’s decision in Jesner v. Arab Bank concerning corporate liability under the Alien Tort Statute; the Trump administration’s withdrawal from the Iran nuclear deal; legal issues raised by U.S. missile strikes against Syria.

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Flat Light

by Andrew Burt, Daniel E. Geer, Jr.via Aegis Paper Series
Tuesday, November 20, 2018

The world of information security has always had reference points – or ground truths – that, like physical features in a landscape, served as navigational features for practitioners and policymakers alike. As time has passed and the state of information security has become more uncertain, these features have eroded. As reference points, they are now either unhelpful (at best) or disinformative (at worst). A deep state of disorientation is now upon us - in privacy, in security, and beyond. This paper explains how we arrived at this point, and suggests what to do next.

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2018 And Beyond

by John P. Carlin, David A. Newmanvia Aegis Paper Series
Monday, November 12, 2018

Despite the assessment that Russia interfered in the 2016 election and will continue this type of activity in the future, there has been little national action. This paper contends that the inaction partially stems from political and bureaucratic obstacles to preparing a US response to any future interference—including obstacles to overcoming public apathy, the concern that any measures taken might favor one political party, and federalism questions that arise whenever the federal government considers proposals affecting state election conduct. 

Analysis and Commentary

The Watergate Road Map: What It Says And What It Suggests For Mueller

by Jack Goldsmith, Benjamin Wittesvia Lawfare
Wednesday, October 31, 2018

In neat script near the top of the document, someone has written, “Filed under seal, March 1, 1974.” Above that, red typed letters read, “Unsealed October 11, 2018 by Chief Judge Beryl A. Howell, United States District Court for the District of Columbia, Order No. 11-mc-44 (BAH).

Analysis and Commentary

Jaworski Road Map To Be Mostly Unsealed

by Stephen Bates, Jack Goldsmith, Benjamin Wittesvia Lawfare
Monday, October 15, 2018

One month ago, the three of us filed a petition in the U.S. District Court for the District of Columbia for the release of the so-called “Watergate Road Map”—one of the last great still-secret Watergate documents. Last week, Chief Judge Beryl Howell, acting in a separate case, ordered the document’s release. The move, as Josh Gerstein notes in this Politico story, appears to have been prompted by our petition, on which we have been represented by the folks at Protect Democracy. 

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Fixing Social Media’s Grand Bargain

by Jack M. Balkinvia Aegis Paper Series
Monday, October 15, 2018

To regulate social media, we should focus on its political economy: the nature of digital capitalism and how we pay for the digital public sphere. This political economy creates perverse incentives for social media companies—encouraging them to surveil, addict, and manipulate their end users and strike deals with third parties who will further manipulate them. Treating social media companies as public forums or public utilities is not the proper cure, but social media companies, whether they like it or not, do have public obligations. This essay focuses on one approach to dealing with the problems of social media: new fiduciary obligations that protect end user privacy and counteract social media companies’ bad incentives.

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The Great Delusion with John J Mearsheimer

interview with John J. Mearsheimer, Jack Goldsmithvia Security by the Book
Tuesday, October 9, 2018
The Hoover Institution hosted "Security by the Book with John J. Mearsheimer" on Tuesday, October 9, 2018 from 5:30pm - 6:30pm EST.
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Tech Firms Are Not Sovereigns

by Andrew Keane Woodsvia Aegis Paper Series
Tuesday, September 25, 2018

It is increasingly common to hear that the sovereigns that reign over the Internet are Internet firms—the companies that set user policies and wield enormous influence over the day-to-day functioning of the Internet. The user base of these firms can be larger than many countries. They have foreign policy teams and have even engaged in experiments with user-driven self-governance. In many ways, they look like states. But firms are not sovereigns.  Some public-facing Internet firms may find it expedient to resist some states, some of the time on some issues. But this does not mean that Internet firms are a serious and lasting threat to state sovereignty. Treating them as such is a distraction from the real problem: determining how and with what limits states—sovereign nations—ought to be able to achieve their aims online.

Featured

Quick Notes On The Rosenstein Revelations

by Jack Goldsmithvia Lawfare
Friday, September 21, 2018

There is a lot to chew over in the blockbuster New York Times story about Deputy Attorney General Rod Rosenstein’s erratic behavior in his first few weeks on the job, just after President Trump fired FBI Director Jim Comey on May 9, 2017.

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Advanced Persistent Manipulators And Social Media Nationalism

by Clint Watts via Aegis Paper Series
Monday, September 17, 2018

Social media platforms provide an unprecedented opportunity for influencing populations. Citizens in Western democracies spend a significant amount of time on social media platforms and—as their virtual connections increase in number and intensity—they’ve begun to form social media nations affecting real-world national security.  Moving forward, social media, as an industry, will face a range of advanced persistent manipulators (APM) seeking to infiltrate, harness, and shape the perspectives of social media nations. The challenge of APMs will create an enduring threat to user trust and confidence in social media platforms.

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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

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.

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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.

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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.