National Security, Technology & Law Working Group

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Analysis and Commentary

And Yet I Remain Unashamed

by Benjamin Wittesvia Lawfare
Monday, January 4, 2016

Rolling Stone has a very long and very uninteresting article about Guantanamo. Don't bother to read it. In case you have any doubt what the message is, the piece is usefully entitled, "Inside Gitmo: America's Shame."

Analysis and Commentary

Rational Security: The "Goodbye To All That" Edition

by Benjamin Wittesvia Lawfare
Thursday, December 31, 2015

This week on the podcast, we wrap up the year that was 2015. What were the most important stories of the year? And what’s the big story we’ll all be talking about in 2016?

Analysis and Commentary

Why Do Conservatives Suddenly Sound Like The Intercept Over NSA?

by Benjamin Wittesvia Lawfare
Wednesday, December 30, 2015

The first amusing thing about the Wall Street Journal’s new NSA story is that it has conservatives and pro-Israel types sounding suspiciously like Glenn Greenwald and Edward Snowden.

Analysis and Commentary

The Scope Of The Prepublication Review Problem, And What To Do About It

by Jack Goldsmith, Oona A. Hathawayvia Lawfare
Wednesday, December 30, 2015

The problems in the pre-publication review process that we identified in our WP op-ed and in a subsequent post are very hard to document precisely. There are a handful of high-profile public cases involving challenges to the government’s classification decisions, most of which the government wins.

Analysis and Commentary

The Broken Prepublication Review Process

by Jack Goldsmithvia Lawfare
Sunday, December 27, 2015

Oona Hathaway and I have an op-ed in the Washington Post today about the USG pre-publication review process’s “pervasive and unjustifiable harms to freedom of speech.”

Analysis and Commentary

A LOAC Dream—Or How You Know When You Need A Few Days Off

by Benjamin Wittesvia Lawfare
Friday, December 25, 2015

It was in the middle of an intense week of briefings and meetings in Israel last week that I awoke in my hotel room from a dream in which, my amused son told me, I had been babbling audibly, if not coherently. I almost never remember my dreams.

Analysis and Commentary

The Government’s Prepublication Review Process Is Broken

by Jack Goldsmith, Oona A. Hathawayvia The Washington Post
Friday, December 25, 2015

We both learned the hard way that public service in jobs related to national security carries the risk that, for the rest of our lives, the government will insist that we allow it to review virtually everything we write related to our time in government before it can be published.

Analysis and Commentary

The Salahi Saga Continues

by Benjamin Wittesvia Lawfare
Tuesday, December 22, 2015

You might remember Mohamedou Ould Salahi—Guantanamo detainee, author and memoirist, subject of a brutal interrogation, important source on Al Qaeda, and all around fascinating human puzzle.

Analysis and Commentary

Israeli Targeting Procedures And The Concept Of Proportionality

by Benjamin Wittesvia Lawfare
Tuesday, December 15, 2015

Yesterday found me in Israel listening—not for the first time—to a briefing on Israel Defense Forces (IDF) targeting practices during Operation Protective Edge, the 2014 military operation against Hamas in Gaza.

Analysis and Commentary

12/9 Session: Afternoon Session: Did The Order Affect Operational Readiness?

by Benjamin Wittesvia Lawfare
Sunday, December 13, 2015

Judge Pohl calls the commission to order, and this time, we actually have a session. Everyone is here except Khalid Sheikh Mohammed and Mustafa Al Hawsawi, but they have waived their presences voluntarily. So we’re good to go.

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.