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Analysis and Commentary

So What’s In The New USA Freedom Act, Anyway?

by Benjamin Wittes, Jodie Liuvia Lawfare
Thursday, May 14, 2015

The House has now passed the USA Freedom Act. If you feel the need to hear Mel Gibson shouting “Freeeedom!” in response, well, don’t thank us. We live to serve...

Analysis and Commentary

Talk Shows This Week On FISA

with Benjamin Wittesvia Lawfare
Thursday, May 14, 2015

The talk shows have been busy this week discussing FISA issues, both because of the Second Circuit decision last week and because of the House consideration of the USA Freedom Act.

Analysis and Commentary

Intelligence Officials’ Unpersuasive Response To The NYT’s Identification of Three Undercover CIA Officers

by Jack Goldsmithvia Lawfare
Thursday, May 14, 2015

The New York Times identified three undercover senior CIA officials in an April 25 story by Mark Mazzetti and Matt Apuzzo about oversight of the CIA’s lethal drone operations. (Background here and here.)  ODNI General Counsel Bob Litt and twenty former CIA officials, all of whom I admire, argue that the Times was wrong to do so.

In the News

Obama's War On Leaks Faces Backlash In Court

quoting Jack Goldsmithvia The Intercept
Wednesday, May 13, 2015

Nearly a decade ago, at a federal courthouse in northern Virginia, Judge Leonie Brinkema set a new standard for taking a tough stance against people who inflict harm on America.

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The Libertarian: “The National Security Agency (NSA), Metadata, and the Law”

with Richard A. Epsteinvia The Libertarian
Wednesday, May 13, 2015

Should NSA surveillance be allowed to continue?

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The Libertarian: “Baltimore, Law Enforcement, and Race”

interview with Richard A. Epsteinvia The Libertarian
Wednesday, May 6, 2015

Examining what went wrong.

Herbert Lin and John Villasenor
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Emerging Challenges in Cybersecurity

by Herbert Lin, John Villasenorvia Fellow Talks
Tuesday, April 21, 2015

Herbert Lin, a senior research scholar for cyber policy and security at the Center for International Security and Cooperation and a research fellow at the Hoover Institution, both at Stanford University; and John Villasenor, a national fellow at Hoover and a professor of electrical engineering and public policy at the University of California at Los Angeles, discuss emerging technologies and the challenges of cybersecurity. 

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The Libertarian: “Hollywood, Washington, and Transparency”

interview with Richard A. Epsteinvia The Libertarian
Wednesday, April 29, 2015

Can leaking private documents serve the public good?

In the News

David Skarbek On Prison Gangs And The Social Order Of The Underworld

with Russell Robertsvia EconTalk
Monday, March 30, 2015

David Skarbek of King's College London and author of The Social Order of the Underworld: How Prison Gangs Govern the American Penal System talks with EconTalk host Russ Roberts about the written and unwritten rules in America's prisons for the most violent and dangerous criminals. 

Analysis and Commentary

Was The Bergdahl Swap Lawful?

by Jack Goldsmithvia Lawfare
Wednesday, March 25, 2015

With Bowe Bergdahl back in the news, it is perhaps worth outlining the legally controversial circumstances of the Taliban swap.

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National Security & Law Task Force


The National Security and Law Task Force examines the rule of law, the laws of war, and US constitutional law to make proposals that strike an optimal balance between individual freedom and the vigorous defense of the nation against terrorists both abroad and at home.