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Blank Section (Placeholder)Analysis and Commentary

Aegis: Security Policy In Depth

via Aegis Paper Series
Wednesday, May 27, 2020

Aegis explores legal and policy issues at the intersection of technology and national security.  Published in partnership with the Hoover Institution National Security, Technology and Law Working Group, 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.

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The Discourse Of Control And Consent Over Data In EU Data Protection Law And Beyond

by Elettra Biettivia Aegis Paper Series
Friday, January 10, 2020

Across the United States and Europe, the act of clicking “I have read and agree” to terms of service is the central legitimating device for global tech platforms’ data-driven activities. In the European Union, the General Data Protection Regulation has recently come into force, introducing stringent new criteria for consent and stronger protections for individuals. 

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The Discourse of Control and Consent over Data in EU Data Protection Law and Beyond

by Elettra Biettivia Aegis Paper Series
Wednesday, January 8, 2020

Across the United States and Europe, the act of clicking “I have read and agree” to terms of service is the central legitimating device for global tech platforms’ data-driven activities. In the European Union, the General Data Protection Regulation has recently come into force, introducing stringent new criteria for consent and stronger protections for individuals. Yet the entrenched long-term focus on users’ control and consent fails to protect consumers who face increasingly intrusive data collection practices.   

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Roles And Responsibilities Of Information Intermediaries

by Wolfgang Schulzvia Aegis Paper Series
Thursday, November 14, 2019

While many countries have initially opted to give online platforms a “safe harbor,” for speech, we are now witnessing trends to weaken that protection. In Europe, this includes the creation of regulatory regimes that aim at reducing misinformation and that specifically address the role of social media platforms and other information intermediaries. Regulatory attempts such as the German Network Enforcement Act (NetzDG) can serve as an example. The paper analyzes those approaches from a human-rights perspective and argues that the platforms’ ability to assess the context of content plays a major role in determining whether “new school regulation” sets proportional limits to freedom of speech.

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Roles and Responsibilities of Information Intermediaries: Fighting Misinformation as a Test Case for a Human Rights–Respecting Governance of Social Media Platforms

by Wolfgang Schulzvia Aegis Paper Series
Thursday, November 14, 2019

While many countries have initially opted to give online platforms a “safe harbor,” for speech, we are now witnessing trends to weaken that protection.

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Verified Accountability

by Evelyn Douekvia Aegis Paper Series
Tuesday, September 17, 2019

The way platforms currently conduct content moderation has been delegitimized, and new forms of governance will need to emerge to meet the demands of the moment. Semi-independent and transparent self-regulatory oversight mechanisms offer significant advantages. As the actors closest to the front line, platforms will always need to play a significant role in drawing lines for online speech, given the high-volume, fast-moving and context-dependent nature of the decisions involved.

Featured

Thoughts On Barr And The Mueller Report

by Jack Goldsmithvia Lawfare
Saturday, May 4, 2019

I’ve been in a cave for several weeks crashing to complete my new book, and am only now emerging to read Special Counsel Robert Mueller’s report and the commentary on it. I’ll hopefully have more to say on the report, especially on its legal analysis of criminal obstruction of justice as applied to the president. But for now I want to comment on the reaction to Attorney General William Barr’s handling of the report in his March 24 letter and his May 1 testimony. It seems over the top to me.

Analysis and Commentary

What Is And Isn’t A Big Deal In Trump’s Executive Actions Related To The Border

by Jack Goldsmithvia Lawfare
Saturday, February 16, 2019

On Feb. 15, President Trump took a number of legal steps, including declaring a national emergency and invoking emergency authorities, in connection with his efforts to construct a wall on the southern border. There are important senses in which Trump’s actions are a big deal, and important senses in which they are not nearly as big a deal as many contend.

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Who Do You Sue?

by Daphne Kellervia Aegis Paper Series
Tuesday, January 29, 2019

This essay closely examines the effect on free-expression rights when platforms such as Facebook or YouTube silence their users’ speech. The first part describes the often messy blend of government and private power behind many content removals, and discusses how the combination undermines users’ rights to challenge state action. The second part explores the legal minefield for users—or potentially, legislators—claiming a right to speak on major platforms. The essay contends that questions of state and private power are deeply intertwined. To understand and protect internet users’ rights, we must understand and engage with both.

Featured

Constitutional Issues Relating To The NATO Support Act

by Curtis A. Bradley, Jack Goldsmithvia Lawfare
Monday, January 28, 2019

President Trump is making noises again about withdrawing the United States from the North Atlantic Treaty, which established NATO. Last week the House of Representatives voted 357-22 in support of the NATO Support Act. The bill does three things. First, it states the “sense of Congress” that the president “shall not withdraw the United States from NATO,” and that “the case Goldwater v. Carter is not controlling legal precedent.” 

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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

Oppose Any Foe: The Rise Of America's Special Operations Forces

Wednesday, May 3, 2017
Hoover Institution, Washington DC

The Hoover Institution hosted "Oppose Any Foe: The Rise of America's Special Operations Forces" on Wednesday, May 3, 2017 from 5:00pm - 7:00pm EST. 

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In the News

The Way Of The Strangers: Encounters With The Islamic State

Tuesday, March 28, 2017
Hoover Institution, Washington DC

The Hoover Institution hosted "The Way of the Strangers: Encounters with the Islamic State" on Tuesday, March 28, 2017 from 5:00pm - 7:00pm EST.

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U.S-China Relations: Cyber and Technology

Tuesday, March 14, 2017
Hoover Institution, Stanford University

The Hoover Institution’s Working Group on National Security, Technology, and Law hosted a conference on March 14-15, 2017 titled, U.S.-China Relations: Cyber and Technology, which focused on the future of conflict and cooperation between China and the United States in the realm of cyber and technology. The goal of the event was to foster a rich and wide-ranging discussion geared toward producing practical ideas and recommendations of immediate usefulness for Washington policymakers and lawmakers.

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In the News

Cybersecurity In The Trump Administration: What Should We Expect?

Wednesday, February 22, 2017
Hoover Institution, Washington DC

The Hoover Institution hosted "Cybersecurity in the Trump Administration: What Should We Expect?" on Wednesday, February 22, 2017 from 11:00am - 3:00pm EST. 

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In the News

How America Lost Its Secrets

Wednesday, February 1, 2017
Hoover Institution, Washington DC

The Hoover Institution hosted a discussion on "How America Lost its Secrets" with author Edward Epstein on Wednesday, February 1, 2017 from 5:00pm - 7:0pm EST. 

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In the News

The Drone Memos

Monday, January 9, 2017
Hoover Institution, Washington DC

The Hoover Institution hosted "The Drone Memos" on Monday, January 9, 2017 from 5:00pm - 7:00pm EST. 

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In the News

Company Confessions: Secrets, Memoirs, And The CIA

Wednesday, December 7, 2016
Hoover Institution, Washington DC

The Hoover Institution hosted "Company Confessions: Secrets, Memoirs, and the CIA" on Wednesday, December 7, 2016 from 5:00pm - 7:00pm EST. 

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In the News

Soldiers On The Homefront: The Domestic Role Of The American Military

Monday, November 14, 2016
Hoover Institution, Washington DC

The Hoover Institution hosted "Soldiers on the Homefront: The Domestic Role of the American Military" on Monday, November 14, 2016 from 5:00pm - 7:00pm. 

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In the News

The President's Book Of Secrets: The Untold Story Of Intelligence Briefings To America's Presidents From Kennedy To Obama

Thursday, October 13, 2016
Hoover Institution, Washington DC

The Hoover Institution hosted "The President's Book of Secrets: The Untold Story of Intelligence Briefings to America's Presidents from Kennedy to Obama" on Thursday, October 13, 2016 from 5:00pm - 7:00pm. 

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In the News

How Everything Became War And The Military Became Everything: Tales From The Pentagon

Wednesday, September 28, 2016
Hoover Institution, Washington DC

The Hoover Institution hosted "How Everything Became War And The Military Became Everything: Tales From The Pentagon" on Wednesday, September 28, 2016 from 5:00pm - 7:00pm. 

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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.