National Security, Technology & Law Working Group

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Analysis and Commentary

More On Obama V. Bush On Preemption: Response To Lederman

by Jack Goldsmithvia Lawfare
Tuesday, April 12, 2016

Marty Lederman says in response to my posts that the big difference between the Bush and Obama preemption doctrines was that the Bush Administration “argued that international law permits the United States to engage in a ‘first use’ strike, in a nonconsenting state, against a state or nonstate actor that has not already engaged in an armed attack against the United States, before any threat of attack is ‘fully formed’ — indeed, even where the probability of any such future attack is ‘relatively low.’”

In the News

Reminder: Lunch Event Thursday On "Using Data To Secure Networks: Optimizing Individual Privacy While Achieving Strong Security"

by Benjamin Wittesvia Lawfare
Monday, April 11, 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."

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Beyond Privacy & Security: The Role Of The Telecommunications Industry In Electronic Surveillance

by Mieke Eoyang, David Forsceyvia Aegis Paper Series
Monday, April 11, 2016

The court fight between Apple and FBI over access to a terrorist iPhone is just the latest chapter in the long-running tension between security professionals trying to get access to information and communications companies who hold user data. The debate is often framed as a balance between government power and individual privacy.

Analysis and Commentary

Good News And Bad News On Privacy, Sextortion, And Going Dark

by Benjamin Wittesvia Lawfare
Thursday, April 7, 2016

This morning, I presented the following speech at Kenyon College—on Jodie Liu and my paper from last year on the privacy benefits of privacy threats, on some forthcoming work we'll be releasing next month on online sexual sextortion, and on Going Dark in relation to the most egregious privacy impacts.

Analysis and Commentary

A Shoutout To Kenyon College

by Benjamin Wittesvia Lawfare
Thursday, April 7, 2016

It's been a bad few years for the free exchange of ideas on campuses around the country. Barely a day goes by where we don't read some story about students at elite institutions trying to silence one another's, or faculty's or visitors', points of view.

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.

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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."

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 is the chair of the National Security, Technology, and Law Working Group.