National Security, Technology & Law Working Group

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Blank Section (Placeholder)EssaysAnalysis and Commentary

The International Legal Dynamics Of Encryption

by Ashley Deeksvia Aegis Paper Series
Tuesday, October 11, 2016

To date there has been little international coordinated action to address encryption, though interest is growing. This paper looks at encryption through five different international lenses: human rights, law enforcement, intelligence, economics, and export controls. 

Grab 'Em By The Constitution: Trump And The Justice Department

by Benjamin Wittes
Monday, October 10, 2016

I hate to say "I told you so," but gosh, I told you so. A few months ago, during Trump's ascendancy in the GOP primaries, I wrote a piece about his likely impact on and abuse of the powers of the U.S. Department of Justice.

Featured

The DNC Hack And (The Lack Of) Deterrence

by Jack Goldsmithvia Lawfare
Sunday, October 9, 2016

What Options Does the U.S. Have After Accusing Russia of Hacks?, asks the headline in the NYT story yesterday by David Sanger and Nicole Perlroth. To ask this question is to reveal once again the ineffective or non-existent U.S. cyber-deterrence policy. 

The Trump National Security Paradox

by Benjamin Wittes
Friday, September 30, 2016

To my knowledge, the first explicit argument—at least by a prominent member of the national security community—that the man who would become the Republican standard bearer for President in 2016 poses a threat to U.S. national security was advanced on this site by John Bellinger last December.

Hoover Book Soiree, Reminder: Rosa Brooks On "How Everything Became War And The Military Became Everything"

by Jack Goldsmith, Benjamin Wittes
Wednesday, September 28, 2016

The next in our series of book soirees at the Hoover Institution's Washington Office will take place on Wednesday, when Ben interviews Rosa Brooks about her new book: How Everything Became War and the Military Became Everything: Tales from the Pentagon.

Blank Section (Placeholder)EssaysAnalysis and Commentary

Decryption Mandates And Global Internet Freedom

by Adam I. Kleinvia Aegis Paper Series
Monday, September 26, 2016

The potential international effects of a domestic decryption mandate have been a significant factor in the debate over U.S. encryption policy.  Some fear that a U.S. decryption mandate would empower authoritarian regimes and would clash with the United States’ international Internet-freedom agenda.

Analysis and Commentary

Seven National Security And Executive Power Questions For Donald Trump

by Benjamin Wittesvia Lawfare
Sunday, September 25, 2016

The first of the presidential debates takes place tomorrow evening. Last week, I found myself in Las Vegas, giving a pair of addresses on the election, national security, and the challenge of Donald Trump.

Analysis and Commentary

Rational Security: The "What Candy Are You?" Edition

by Benjamin Wittesvia Lawfare
Thursday, September 22, 2016

I'm off in Las Vegas this week, but it turns out that Rational Security does need me. The gang discusses how the bombings in New York and New Jersey have fixed us again on the threat of lone wolf terrorists.

Analysis and Commentary

In Defense Of The Washington Post's Much Maligned Snowden Editorial

by Benjamin Wittesvia Lawfare
Wednesday, September 21, 2016

To see the Snowdenistas and many media elites clutching for their smelling salts, you’d think my former colleagues at the Washington Post editorial page had stabbed Edward Snowden in the back after swearing a blood oath to protect him to Bart Gellman and the Post’s news team.

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Attribution of Malicious Cyber Incidents: From Soup to Nuts

by Herbert Linvia Aegis Paper Series
Monday, September 19, 2016

Attribution of malicious cyber activities is a deep issue about which confusion and disquiet can be found in abundance. Attribution has many aspects—technical, political, legal, policy, and so on. This paper distinguishes between attribution of malicious cyber activity to a machine, to a specific human being pressing the keys that initiate that activity, and to a party that is deemed ultimately responsible for that activity.

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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.