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

The Cycles Of Panicked Reactions To Trump

by Jack Goldsmithvia Lawfare
Wednesday, April 11, 2018

The raid on the office of Donald Trump’s lawyer Michael Cohen, the president’s latest tweet-complaints and related rant, and the White House press secretary's claim that the President believes he has the authority to fire Special Counsel Robert Mueller, have many people spun up about that possibility that Trump will soon fire Mueller, or Attorney General Jeff Sessions, or Deputy Attorney General Rod Rosenstein.

Featured

The Downsides Of Bombing Syria

by Jack Goldsmith, Oona A. Hathawayvia Lawfare
Tuesday, April 10, 2018

The U.S. government seems on a set path toward intervening in Syria with military force (probably air strikes of some sort) in response to the recent a chemical weapons attack allegedly sponsored by the Syrian government. We think a few brief points are worth keeping in mind.

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. 

Featured

Living Inside Adversary Networks

by Jack Goldsmithvia Lawfare
Friday, March 16, 2018

The Trump administration on Thursday accused Russia of infiltrating by digital means “energy and other critical infrastructure sectors” in the United States. “We now have evidence they’re sitting on the machines, connected to industrial control infrastructure, that allow them to effectively turn the power off or effect sabotage,” Eric Chien, a security-technology director at Symantec, said to Nicole Perlroth and David Sanger in the New York Times. 

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)EssaysAnalysis and Commentary

Encryption Policy And Its International Impacts: A Framework For Understanding Extraterritorial Ripple Effects

by Ryan Budish, Herbert Burkert , Urs Gasser via Aegis Paper Series
Friday, March 2, 2018

This paper explores the potential international ripple effects that can occur following changes to domestic encryption policies.  Whether these changes take the form of a single coherent national policy or a collection of independent (or even conflicting) policies, the impacts can be unexpected and wide-ranging.  This paper offers a conceptual model for how the ripple effects from national encryption policies might propagate beyond national borders. And we provide a set of factors that can help policy-makers anticipate some of the most likely ripple effects of proposed encryption policies.

Blank Section (Placeholder)EssaysAnalysis 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.

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 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.