National Security, Technology & Law Working Group

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Featured

Loyalty And Principle In The Trump White House

by Jack Goldsmithvia Lawfare
Friday, July 21, 2017

We don’t yet know why Mark Corallo, the spokesman for President Trump’s personal legal team, resigned yesterday.

Analysis and Commentary

The Trump Interview And DOJ Independence

by Jack Goldsmithvia Lawfare
Thursday, July 20, 2017

I see the implications of the Trump interview a little differently than Ben does. First, Ben says that the only honorable thing for Attorney General Sessions and Deputy Attorney General Rosenstein to do in light of Trump’s intemperate attacks is to resign.

Blank Section (Placeholder)Essays

Encryption Substitutes

by Andrew Keane Woodsvia Aegis Paper Series
Tuesday, July 18, 2017

This paper argues that the “going dark” debate ought to be considered in context of the larger debate over government access to data. Encryption is not the only game in town: just as law enforcement can pursue a number of different alternatives to mandating encryption backdoors, so too can privacy advocates take steps beyond encrypting their data to ensure their privacy.  Acknowledging these substitutes—both for law enforcement and for privacy seekers—generates a number of insights. For example, comprehensive reform may make more sense than serial reforms, since it would allow for issue linkage and deal-making.

Blank Section (Placeholder)Essays

China and the US Strategic Construction of Cybernorms: The Process Is the Product

by Duncan B. Hollisvia Aegis Paper Series
Thursday, July 6, 2017

This paper explores the role norms play in advancing U.S. interests in changing Chinese behavior in cyberspace.  It compares and contrasts U.S. efforts to achieve two norms:  (1) the U.N. Group of Governmental Experts’ consensus that international law applies in cyberspace; and (2) the U.S.-China understanding that neither State would pursue cyber-espionage for commercial advantages.  In contrast to prior studies that focus only on the behavior a norm requires, this paper employs a broader, process-based analysis.  That analysis offers a new framework for strategizing about the potential risks and rewards of pursuing different normative processes, whether in U.S. efforts to impact China’s behavior in cyberspace or vice-versa. 

In the News

Announcing A New Partnership With Foreign Policy

by Benjamin Wittes, Susan Hennesseyvia Lawfare
Thursday, July 6, 2017

We are excited to announce a new partnership between Lawfare and Foreign Policy magazine. 

Russian Presidential Press Office
Analysis and Commentary

Rational Security: The "Guns And Smoke" Edition

by Benjamin Wittesvia Lawfare
Thursday, July 6, 2017

The first signs of potential collusion between the Trump campaign and Russia emerge. State Department employees say they’re uncertain about the future of their work under the Trump administration. And the president is facing a crisis in North Korea as he prepares to meet with world leaders, including Vladimir Putin. 

Analysis and Commentary

Foreign Relations Law Supplement

by Jack Goldsmithvia Lawfare
Tuesday, June 27, 2017

Curtis Bradley and I have completed a 23-page Supplement to the new edition of our casebook, Foreign Relations Law: Cases and Materials (6th Ed. 2017). The Supplement addresses, among other things, litigation over the Trump administration’s executive orders relating to immigration, the administration’s announcement that the United States would withdraw from the Paris climate change agreement, the administration’s missile strikes against Syria in April 2017, and the debates and litigation concerning “sanctuary jurisdictions.”

Featured

What Was Most Important In Today’s Supreme Court Immigration Decision

by Jack Goldsmithvia Lawfare
Monday, June 26, 2017

Many are debating the significance of today’s Per Curiam Supreme Court opinion that granted the government’s petitions for certiorari and its stay applications in part. Did the Court signal that it would uphold most elements of the decisions below, as some argued? Did it signal the opposite—that it would reverse most elements of the appellate court rulings? 

Analysis and Commentary

If Rod Rosenstein Recuses: What Happens Next?

by Jack Goldsmith, Benjamin Wittesvia Lawfare
Friday, June 16, 2017

ABC News is reporting that Deputy Attorney General Rod Rosenstein “has privately acknowledged to colleagues that he may have to recuse himself from” his role as Acting Attorney General for the Department’s Russia Investigation. (Recall that Rosenstein assumed that role when Attorney General Sessions recused himself earlier.)

The White House
Analysis and Commentary

If Trump Fires Mueller (Or Orders His Firing)

by Jack Goldsmithvia Lawfare
Tuesday, June 13, 2017

There are growing indications that President Trump may be thinking about getting rid of Special Counsel Robert Mueller. Last weekend one of the President’s private lawyers would not rule out the possibility when asked. Yesterday the President’s allies started talking affirmatively about the possibility.

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.