National Security, Technology & Law Working Group

Explore Research

Filter By:

Topic

Type

Author

Enter comma-separated ID numbers for authors

Support the Hoover Institution

Join the Hoover Institution's community of supporters in advancing ideas defining a free society.

Support Hoover

Analysis and Commentary

Can Mueller Or Rosenstein Issue An Interim Report On Obstruction?

by Jack Goldsmithvia Lawfare
Monday, April 9, 2018

Unnamed sources in a Washington Post story last week claimed that Special Counsel Robert Mueller told President Trump’s lawyers that “he is preparing a report about the president’s actions while in office and potential obstruction of justice.” The Post added that “Mueller’s investigators have indicated to the president’s legal team that they are considering writing reports on their findings in stages—with the first report focused on the obstruction issue.”

Featured

We Need Special Court Procedure For The Removal Of Special Counsels

by Adam J. White quoting Jack Goldsmithvia Lawfare
Monday, March 26, 2018

As President Trump intensifies his attacks on Special Counsel Robert Mueller, his critics intensify their calls on Congress to legislate statutory removal protections limiting the president’s and Justice Department’s ability to fire Mueller. Such a legislative push is probably futile—and rightly so. Instead, Congress should focus on another aspect of this issue: namely, legislating the process by which the courts would hear a lawsuit challenging the firing of a special counsel. 

Analysis and Commentary

Don't Expect A Starr-Like Report From Mueller

by Jack Goldsmith, Maddie McMahonvia Lawfare
Thursday, March 22, 2018

Benjamin Wittes and Quinta Jurecic have usefully reviewed the models that Special Counsel Robert Mueller might draw on deciding whether and how to tell the world what he learned in his investigation of the Russia matter. If Mueller follows the “orthodox path,” we will only “learn about the extent of ‘collusion’ or about possible obstructions of justice” to the extent Mueller issues indictments. 

Analysis and Commentary

‘Can It Happen Here? Authoritarianism In America’

by Jack Goldsmithvia Lawfare
Monday, March 5, 2018

Tuesday is the release date for an extraordinary collection of essays published under the title: Can It Happen Here? Authoritarianism in America.

Blank Section (Placeholder)Analysis and Commentary

The ‘China, Inc.+’ Challenge To Cyberspace Norms

by Robert D. Williamsvia Aegis Paper Series
Wednesday, February 21, 2018

This paper explores two aspects of China’s governance model that pose distinctive challenges to the construction of international cyberspace norms: the embedded and intertwined nature of the Communist Party-state in China’s economy and the expansive conception of national security reflected in Chinese laws and policies. Viewed in conjunction with Chinese cyberspace strategy and activity, these characteristics of “China, Inc. +” raise vexing questions with considerable implications for US-China relations.

Analysis and Commentary

The Downsides Of Mueller's Russia Indictment

by Jack Goldsmithvia Lawfare
Monday, February 19, 2018

Special Counsel Robert Mueller’s Russia indictment represents “a remarkable rebuke of the president’s claims” that the Russia investigation was a “phony Democrat excuse for losing the election,” the Lawfare team concluded. The indictment also educates the American public about the reality and scale of the Russian threat to the American political process more credibly than last year’s intelligence community report on the matter. Perhaps it will help the United States build resilience against future attacks.

Blank Section (Placeholder)Analysis and Commentary

Small Towns, Big Companies: How Surveillance Intermediaries Affect Small And Midsize Law Enforcement Agencies

by Anne Bousteadvia Aegis Paper Series
Wednesday, February 7, 2018

This paper explores how efforts by companies to resist government requests for consumer information may disproportionately affect small and mid-sized law enforcement agencies, as small departments face obstacles to using commercially collected information that do not occur in the context of larger departments. Differences between law enforcement agencies that serve large communities and those that serve small communities suggest corresponding differences in their ability to adapt to changes in the process for obtaining data from digital communication companies.  Failing to account for these differences may encourage policies that will only work as expected for large law enforcement agencies.

Analysis and Commentary

The McGahn Cover Letter In Light Of The Trump Tweet

by Jack Goldsmithvia Lawfare
Saturday, February 3, 2018

The Nunes memo was thoroughly debunked less than 12 hours after its publication. The sources of this debunking transcended politics, and ranged from The Intercept and Marcy Wheeler to Paul Rosenzweig and David French.

Blank Section (Placeholder)Analysis and Commentary

A Rubicon

by Daniel E. Geer, Jr.via Aegis Paper Series
Friday, February 2, 2018

Optimality and efficiency work counter to robustness and resilience. Complexity hides interdependence, and interdependence is the source of black swan events.  The benefits of digitalization are not
transitive, but the risks are.  Because single points of failure
require militarization wherever they underlie gross societal
dependencies, frank minimization of the number of such single points
of failure is a national security obligation.  Because cascade
failure ignited by random faults is quenched by redundancy, whereas
cascade failure ignited by sentient opponents is exacerbated by
redundancy, (preservation of) uncorrelated operational mechanisms
is likewise a national security obligation.

Analysis and Commentary

What's Up With McGahn Revisionism?

by Jack Goldsmithvia Lawfare
Saturday, January 27, 2018

“[T]he WH Counsel seems to be renting out space in his office to the New York Times,” notes Bill Kristol in reference to the sympathetic New York Times story yesterday about White House Counsel Don McGahn’s efforts to “Corral Trump While Pushing G.O.P.’s Agenda,” on top of the Times story the day before on McGahn threatening to quit rather than carry out Trump’s directive to fire Special Counsel Robert Mueller.

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

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

Pages

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.