National Security, Technology & Law Working Group

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Analysis and Commentary

More Thoughts On The DNC Hack

by Jack Goldsmithvia Lawfare
Tuesday, July 26, 2016

Earlier today I wrote the following tweets, collected here in one place, in reaction to the DNC hack.

Trump and the Powers of the American Presidency, Part III

by Benjamin Wittes
Monday, July 25, 2016

Here’s an idea for a marriage of man and institution: Take a man who openly advocates criminal activity by American forces, who promises retaliation against his political enemies and against media that criticize him, who pronounces people guilty of crimes for which they have never been indicted despite lengthy investigations, and who scorns legal compliance as “political correctness.”

Featured

What Is Old, And New, And Scary In Russia’s Probable DNC Hack

by Jack Goldsmithvia Lawfare
Monday, July 25, 2016

David Sanger and Nicole Perlroth of the NYT summarize the evidence of a Russia-based hack of the DNC emails.

Analysis and Commentary

Can Congress Invent New Offenses Against The Law Of Nations?

by Jack Goldsmithvia Lawfare
Wednesday, July 20, 2016

Lawfare’s Alex Loomis has an excellent paper on SSRN that might interest Lawfare readers: The Power to Define Offences against the Law of Nations

Analysis and Commentary

House Legislation On Sextortion Introduced

by Benjamin Wittesvia Lawfare
Thursday, July 14, 2016

Yesterday, Reps. Katherine Clark (D-Mass.) and Susan Brooks (R-Ind.) introduced this bill, which they have dubbed the "Interstate Sextortion Prevention Act." The bill keeps the promise Rep. Clark made the day our Brookings sextortion studies came out to introduce legislation to combat the problem. 

Analysis and Commentary

Rational Security: The "Killer Robots Have Arrived" Edition

by Benjamin Wittesvia Lawfare
Thursday, July 14, 2016

Police officers in Dallas use a robot-bomb to kill the man who murdered five police officers. A tribunal rules that China is violating international law over its territorial claims in the South China Sea. And the GOP platform committee eliminates language that supports a two-state solution to the Israeli-Palestinian conflict.

Analysis and Commentary

Facebook, Hamas, And Why A New Material Support Suit May Have Legs

by Benjamin Wittes, Zoe Bedellvia Lawfare
Tuesday, July 12, 2016

The last few months have seen a spree of lawsuits filed against social media companies for allegedly providing material support to terrorists groups, particularly ISIS, by effectively allowing those groups to use their systems.

Analysis and Commentary

The Lawfare Podcast: Comey Versus The Committee With No Bull

by Benjamin Wittesvia Lawfare
Saturday, July 9, 2016

The confrontation this week between FBI Director James Comey and the House Oversight and Government Reform Committee would have been a riveting drama-filled showdown over the Clinton email investigation. Except for one fact: Five. Endless. Hours.

Featured

Jack Goldsmith: Comey’s Announcement Signals Max FBI Independence

by Jack Goldsmithvia Time Magazine
Wednesday, July 6, 2016

It was the least bad choice he could make.

Analysis and Commentary

A Moment Of Zen: The New York Times Editorial Page Cites Lawfare As An Authority

by Benjamin Wittesvia Lawfare
Wednesday, July 6, 2016

No, I'm not making that up. I awoke this morning to a lot of traffic on Lawfare, much it routed to the site by this New York Times editorial on James Comey's announcement yesterday on the Clinton email mess.

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 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.