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Blank Section (Placeholder)Analysis and Commentary

The Encryption Debate In Europe

by Daniel Seversonvia Aegis Paper Series
Monday, March 20, 2017

The going dark debate has spread to Europe. The commercial growth of encryption and a wave of terrorist attacks have spurred new laws to detect and disrupt terrorism. This article reviews the most recent encryption-related legislation in France, the United Kingdom, the Netherlands, Hungary, and Poland. The article discusses the legislative debates, as well as aims to achieve coordination at the EU level. Although Europe has so far disavowed banning encryption or mandating pre-installed backdoors, several countries have enacted statutes authorizing compelled decryption. The article concludes by briefly comparing the European approach to the American legal regime.

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The Trump Onslaught On International Law And Institutions

by Jack Goldsmithvia Lawfare
Friday, March 17, 2017

Two months in to the Trump administration, we are witnessing the beginnings of the greatest presidential onslaught on international law and international institutions in American history. The onslaught appears to be driven by a combination of economic nationalism, anti-cosmopolitanism, anti-elitism, a belief that international law does not reflect American values but threatens American institutions, and a related belief that “American peace, prestige, and prosperity were not being served by our foreign policy.”

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McGahn Should Have Preempted The (Latest) Flynn Mess

by Jack Goldsmithvia Lawfare
Saturday, March 11, 2017

Over at Daily Beast I explain why I think White House Counsel Don McGahn should have discovered and fixed Michael Flynn's foreign agent problems long before Flynn became National Security Advisor.

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More Questions About McGahn In The Flynn Imbroglio

by Jack Goldsmithvia Lawfare
Wednesday, February 15, 2017

The Washington Post reported on Monday that it was “unclear what the White House counsel, Donald McGahn, did” when Acting Attorney General Sally Yates told him last month that Michael Flynn had misled senior administration officials about his phone conversation with Russian Ambassador Sergey Kislyak.

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The Real Constitutional Danger

by Jack Goldsmithvia Lawfare
Tuesday, February 14, 2017

It is more than a little amusing, in light of the events of the last week, that we still see concerns about whether “we’re in a constitutional crisis” due to excessive presidential power, and about “how much … the early days of the Trump administration look like the Third Reich,” and about how the United States is part of a global movement on a downward spiral toward “repressive kleptocracy.”

Analysis and Commentary

The Spotlight Will Now Shift To The White House Counsel

by Jack Goldsmithvia Lawfare
Tuesday, February 14, 2017

I was pretty hard on White House Counsel Donald McGahn in connection with the horrible roll-out of the Trump Executive Order on immigration, and his inability or disinclination to control the President’s self-destructive attack on courts.

Cybersecurity In The Trump Administration: What Should We Expect?

by Benjamin Wittes
Monday, February 13, 2017

In partnership with Hoover Institution in Washington and Intel Security, Lawfare is holding on February 22 a conference on what we can expect in cybersecurity in the new administration. Here's the event announcement. RSVPs are required, so please sign up.

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The Practical Legal Need For An ISIL AUMF

by Jack Goldsmithvia Lawfare
Wednesday, February 8, 2017

“The Trump White House is nearing completion of an order that would direct the Pentagon to bring future Islamic State detainees to the Guantánamo Bay prison,” reports Charlie Savage. This development gives new urgency to the enactment of an ISIL AUMF.

Analysis and Commentary

Does Trump Want To Lose The EO Battle In Court? Or Is Donald McGahn Simply Ineffectual (Or Worse)?

by Jack Goldsmithvia Lawfare
Monday, February 6, 2017

I’m starting to believe that either Donald Trump wants courts to strike down the Immigration Executive order, or that his White House Counsel is incompetent or ineffectual.

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A Precedent For Democrats On The Classy Way To Handle Neil Gorsuch

by Jack Goldsmith, Benjamin Wittesvia Lawfare
Thursday, February 2, 2017

Neil Gorsuch is an eminent jurist who is undoubtedly qualified to be an Associate Justice on the Supreme Court. So too is Merrick Garland.

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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.