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The Case for Pragmatism and an Opportunity for Sino-US Leadership

by Tim Maurervia Aegis Paper Series
Tuesday, June 19, 2018

Increasingly disruptive and destructive cyber attacks pose an unprecedented threat to the global financial system. This challenge presents an opportunity for the United States and China as the world’s two largest economies to work together rallying behind their shared interest in protecting financial stability and to demonstrate global leadership on this important issue. 

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Internet Platforms: Observations on Speech, Danger, and Money

by Daphne Kellervia Aegis Paper Series
Wednesday, June 13, 2018

Policymakers increasingly ask Internet platforms like Facebook to “take responsibility” for material posted by their users. Mark Zuckerberg and other tech leaders seem willing to do so. That is in part a good development. Platforms are uniquely positioned to reduce harmful content online. But deputizing them to police users’ speech in the modern public square can also have serious unintended consequences. This piece reviews existing laws and current pressures to expand intermediaries’ liability for user-generated content. It discusses three ways that poorly designed laws can do damage—to First Amendment-protected online speech, national security, and the economy.

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Strengths Become Vulnerabilities: How A Digital World Disadvantages The United States In Its International Relations

by Jack Goldsmith, Stuart Russellvia Lawfare Blog
Wednesday, June 6, 2018

We have a new essay in the Hoover Aegis series called “Strengths Become Vulnerabilities: How a Digital World Disadvantages the United States in its International Relations.”  It seeks to explain why the United States is struggling to deal with the “soft” cyber operations that have been so prevalent in recent years: cyberespionage and cybertheft, often followed by strategic publication; information operations and propaganda; and relatively low-level cyber disruptions such as denial-of-service and ransomware attacks. 

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Strengths Become Vulnerabilities

by Jack Goldsmith, Stuart Russellvia Aegis Paper Series
Tuesday, June 5, 2018

This essay seeks to explain why the United States is struggling to deal with the “soft” cyberoperations that have been so prevalent in recent years: cyberespionage and cybertheft, often followed by strategic publication; information operations and propaganda; and relatively low-level cyber disruptions such as denial-of-service and ransomware attacks. The main explanation for the struggle is that constituent elements of U.S. society—a commitment to free speech, privacy, and the rule of law, innovative technology firms, relatively unregulated markets, and deep digital sophistication—create asymmetric weaknesses that foreign adversaries, especially authoritarian ones, can exploit. We do not claim that the disadvantages of digitalization for the United States outweigh the advantages, but we present reasons for pessimism.

Analysis and Commentary

OLC’s Meaningless 'National Interests' Test For The Legality Of Presidential Uses Of Force

by Jack Goldsmith, Curtis A. Bradleyvia Lawfare
Tuesday, June 5, 2018

The Justice Department’s Office of Legal Counsel (OLC) published a legal opinion May 31 that explained the basis for its oral advice in April that President Trump had the authority under Article II of the Constitution to direct airstrikes against Syria. 

Analysis and Commentary

A Smorgasbord Of Views On Self-Pardoning

by Jack Goldsmithvia Lawfare
Tuesday, June 5, 2018

"I have the absolute right to PARDON myself," tweeted President Trump, a few days ago. The president was presumably talking about a self-pardon for federal crimes already committed, not state crimes and not future crimes. Is he right? No president has ever tried to self-pardon and constitutional text does not speak overtly to the issue and there is no judicial precedent on point.

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The New OLC Opinion On Syria Brings Obama Legal Rationales Out Of The Shadows

by Jack Goldsmithvia Lawfare
Friday, June 1, 2018

There has been some heavy breathing in reaction to Steven Engel’s Office of Legal Counsel opinion released today in support of President Trump’s April 13, 2018 airstrikes in Syria. The opinion does indeed articulate an extraordinarily broad conception of the president’s authority to use military force abroad through air strikes without congressional authorization.

Analysis and Commentary

The Executive Branch's Extraordinarily Broad View Of The Presidential Pardon Power

by Maddie McMahon, Jack Goldsmithvia Lawfare
Thursday, May 31, 2018

Article II gives the president the "Power to grant Reprieves and Pardons for Offenses against the United States, except in Cases of Impeachment." There has long been speculation that President Trump may exercise this power to pardon some of the Russia investigation characters, including Michael Flynn, Paul Manafort, Michael Cohen, Jared Kushner, and possibly even himself.

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Habeas Corpus In Wartime With Amanda Tyler

interview with Amanda L. Tyler, Benjamin Wittesvia Security by the Book
Wednesday, May 16, 2018

The Hoover Institution hosted "Security by the Book: Habeas Corpus in Wartime with Amanda Tyler" on Monday, May 14, 2018 from 5:00pm - 6:30pm EST.

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The Trump Administration Reaps What The Obama Administration Sowed In The Iran Deal

by Jack Goldsmithvia Lawfare
Wednesday, May 9, 2018

The particular manner in which President Obama crafted the Iran deal paved the way for President Trump to withdraw from it.  Obama made the deal on his own presidential authority, in the face of significant domestic opposition, without seeking or receiving approval from the Senate or the Congress.

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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.