National Security, Technology & Law Working Group

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Why President Obama Won't, and Shouldn't, Pardon Snowden

by Jack Goldsmithvia Lawfare
Friday, September 16, 2016

A “pardon Snowden” campaign was launched Wednesday, in conjunction with the Snowden film. Snowden himself made the “moral case” case for why he should be pardoned, and Tim Edgar made a much more powerful case. I remain unconvinced. I don’t think the President will, or should, pardon Snowden.

Analysis and Commentary

In Defense Of Jim Comey: Politico's Bizarrely Shoddy Attack On The FBI Director

by Benjamin Wittesvia Lawfare
Wednesday, September 14, 2016

An astonishingly bad piece appeared in Politico this week under an admittedly arresting headline: “The Case Against James Comey: Not Since Hoover Has an FBI Director Shown Such a Lack of Accountability.”

Analysis and Commentary

Livestream Of "The National Security Division At 10: Past, Present, And Future"

by Benjamin Wittesvia Lawfare
Wednesday, September 14, 2016

A major event on ten years of the Justice Department's National Security Division is taking place at the Center for Strategic and International Studies.

Analysis and Commentary

My Electoral Forecast Model

by Benjamin Wittesvia Lawfare
Sunday, September 4, 2016

Okay, this has nothing to do with national security law or policy. What's more, this is way, way outside my area of expertise. But I have this feeling that this may be of interest to some Lawfare readers, so I'm going to post it to this site once and then never mention it here again: I've developed a super-crude electoral forecast model.

Analysis and Commentary

Rational Security: The "Hackers, Heart Patients, And Hellfire" Edition

by Benjamin Wittesvia Lawfare
Thursday, September 1, 2016

New details emerge about Americans held hostage by Islamic militants and behavior of Doctors Without Borders in the Kayla Mueller case. Security researchers use an unorthodox approach to protect medical devices. And the U.S. kills ISIS’s number two. Does it matter?

Analysis and Commentary

Rational Security: The "You're Nobody 'Til Somebody Hacks You" Edition

by Benjamin Wittesvia Lawfare
Thursday, August 25, 2016

The New York Times and maybe the NSA get hacked; you're just not cool anymore unless you're being hacked by Fancy Bear. Is the U.S. turning the tide of the war on ISIS? 

Analysis and Commentary

Danish Cops And A Different Approach To Youth Radicalization

by Benjamin Wittesvia Lawfare
Wednesday, August 17, 2016

I got behind on my podcast listening and managed not to listen to this month-old episode of Invisibilia until this morning. It's worth Lawfare reader attention—or, at least, the first half of it is. (The second half deals with online dating.)

Analysis and Commentary

A Big Guantanamo Transfer: Progress Towards The Site's Obsolescence

by Benjamin Wittesvia Lawfare
Tuesday, August 16, 2016

The Pentagon announced yesterday the transfer of 15 Guantanamo detainees to the United Arab Emirates.

What Trump's National Security Speech Was Really About

by Benjamin Wittes
Monday, August 15, 2016

Donald Trump is a very strange man. And he gave today a very strange speech on national security.

Analysis and Commentary

Twitter Wins A Round On ISIS Immunity

by Benjamin Wittesvia Lawfare
Thursday, August 11, 2016

Twitter won a first round yesterday on the question of whether CDA § 230 immunizes the company against civil lawsuits over its provision of service to terrorist groups.


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.