National Security, Technology & Law Working Group

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FBI Director James Comey Speaks at Kenyon College

by Benjamin Wittesvia Lawfare
Wednesday, April 6, 2016

Wednesday evening finds me at Kenyon College, at a conference on privacy, where I will speaking tomorrow on a combination of this paper and some work I have been doing recently on sexual extortion online.

Blank Section (Placeholder)Essays

Beyond Privacy & Security: The Role of the Telecommunications Industry in Electronic Surveillance

by Mieke Eoyangvia Aegis Paper Series
Wednesday, April 6, 2016

This paper examines the need for reforming the Foreign Intelligence Surveillance Act (FISA) Amendments Act from the perspective of the technology and communications industries. After reviewing the gatekeeper role that industry has played in previous statutes governing national security electronic surveillance, it recommends three specific reforms...

Obama's Embrace of Bush's Preemption Doctrine

by Jack Goldsmithvia Lawfare
Wednesday, April 6, 2016

Following up on Ashley’s piece on Brian Egan’s good speech at the ASIL meeting last week, I have a piece at Time explaining that that Egan adopts the Bush administration’s controversial preemption doctrine in all but name.

Analysis and Commentary

Heritage Foundation Conference on "The Role of Intelligence" Video

by Benjamin Wittesvia Lawfare
Sunday, April 3, 2016

On March 30, the Heritage Foundation held a day-long event entitled "The Role of Intelligence."

Analysis and Commentary

Lunch Event! Using Data To Secure Networks: Optimizing Individual Privacy While Achieving Strong Security

by Benjamin Wittesvia Lawfare
Tuesday, March 29, 2016

Along with the Center for Democracy and Technology, Intel Security, and the Hoover Institution in Washington, Lawfare is pleased to invite you to join us for a lively debate on "Using Data to Secure Networks: Optimizing Individual Privacy While Achieving Strong Security."

Are The U.S. Indictments For Iran Cyberattacks Hypocrital?

by Jack Goldsmithvia Lawfare
Saturday, March 26, 2016

At Time I have a piece examining the DOJ indictments of the Iranians allegedly involved in the DDOS cyberattacks on financial services in New York. The Iranians appear to have been indicted for retaliating against U.S. cyberattacks on Iran’s nuclear weapons infrastructure, and they got caught because the NSA had penetrated Iranian networks.

Analysis and Commentary

The Very Definition Of Digital Age Chutzpah

by Benjamin Wittesvia Lawfare
Wednesday, March 23, 2016

Bloomberg Business is reporting that now that the FBI may have a way into the San Bernadino shooter’s iPhone, Apple wants it to disclose what it’s doing.

Analysis and Commentary

A Possible Tool To Unlock The iPhone Means Something…Or Nothing

by Susan Hennessey, Benjamin Wittesvia Lawfare
Tuesday, March 22, 2016

To read the news over the last 24 hours, you’d think the FBI had given up the ghost with its announcement that maybe, just maybe, it had a way into the San Bernardino killer’s iPhone without Apple’s help. 


China And Cybertheft: Did Action Follow Words?

by Jack Goldsmithvia Lawfare
Friday, March 18, 2016

I was very skeptical about last September’s US-China “agreement” in which China pledged that it would not “conduct or knowingly support cyber-enabled theft of intellectual property, including trade secrets or other confidential business information, with the intent of providing competitive advantages to companies or commercial sectors.”

Analysis and Commentary

Merrick Garland, National Security Lawyer

by Benjamin Wittesvia Lawfare
Wednesday, March 16, 2016

Judge Merrick Garland has some experience with what he is about to go through: being stonewalled by senators who profess to have nothing against him. Back in 1995, when he was nominated to the D.C. Circuit Court of Appeals, Senator Charles Grassley—now the Judiciary Committee’s Chairman—blocked his nomination for more than a year, all the while claiming he had no problem with Garland himself.


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.