Category: Lawfare

Democracy After the Midterms

Voters in Des Moines during the 2022 midterm elections. (Phil Roeder, https://bit.ly/3UFYnHP; CC BY 2.0, https://creativecommons.org/licenses/by/2.0/) On Nov. 15, Donald Trump announced his third campaign for president of the United States. Over the course of a listless, rambling speech, he…

Cyber Norms in the Context of Armed Conflict

A man with his face obscured sits in front of a computer with code behind him (Photo by B_A, bit.ly/3hKfKJ8; CC0 1.0, https://creativecommons.org/publicdomain/zero/1.0/) In “‘Patriotic Hacking’ Is No Exception,” Jay Healey and Olivia Grinberg discussed Ukrainian government officials’ public outreach…

Can China Escape the Innovation Trap?

Chinese President Xi Jinping arrives at COP21 (Photo by COP PARIS, bit.ly/3O9MDLh; CC0 1.0, https://creativecommons.org/publicdomain/zero/1.0/) For most foreign observers, the biggest takeaway from China’s recently completed 20th Party Congress is likely that Chinese Preside […]Content was cut in order to…

The Scientific Case for Climate Liability and Loss and Damage Claims

Smokestacks. (Thawt Hawthje, https://bit.ly/3EgtJPw; CC BY 2.0, https://creativecommons.org/licenses/by/2.0/) Who is responsible for the damage caused by global warming? This question and its implications for redress are at the center of international climate negotiations at the 27th Conference of the Parties

If You Can’t Beat ’Em, Join ’Em

A U.S. Navy officer sitting in front of computer monitors (U.S. Navy Photo by Mass Communication Specialist 2nd Class John Bellino, https://bit.ly/3DEKpPi, CC BY 2.0, https://creativecommons.org/licenses/by/2.0/) A review of David Sloss, “Tyrants on Twitter: Protecting Democracies From Information Warfare” (Stanford…

Even Newt Gingrich Has to Testify in Fulton County

Newt Gingrich by Gage Skidmore (https://commons.wikimedia.org/wiki/File:Newt_Gingrich_by_Gage_Skidmore_9.jpg) It is a chilly Wednesday morning, the day after the midterm elections that will shape the next two years of American politics, and I am waiting for an elevator at a courthouse in Fairfax,…

I Have Not ‘Called for Chinese-Style Censorship of the Internet’

Person holding a phone showing Twitter homepage by Solen Feyissa (https://commons.wikimedia.org/w/index.php?search=twitter&title=Special:MediaSearch&go=Go&type=image) I spend a lot of time and effort at my law school promoting the free exchange of ideas and ensuring that unpopular speakers have a platform. I do not…

I Have Not “Called For Chinese-Style Censorship of the Internet”

Person holding a phone showing Twitter homepage by Solen Feyissa (https://commons.wikimedia.org/w/index.php?search=twitter&title=Special:MediaSearch&go=Go&type=image) I spend a lot of time and effort at my law school promoting the free exchange of ideas and ensuring that unpopular speakers have a platform. I do not…

The Conservative Bias Panic Comes for Gmail’s Spam Detection

Google Headquarters in Palo Alto, California. (Roman Boed, https://pxhere.com/en/photo/443132; CC BY 2.0, https://creativecommons.org/licenses/by/2.0/) Over the past decade, concern over Big Tech bias against conservative speech and speakers has dominated the narrative from the right. From repeated calls to repeal Section…

An Update on Homeland Security Intelligence Reporting on Me

Homeland Security Vehicles (https://commons.wikimedia.org/wiki/File:Homeland_Security_Vehicles_-_Minneapolis_(32688224852).jpg) When I last checked in on the saga of the Department of Homeland Security’s intelligence reporting about me, I had a bit of a cliff-hanger on my hands. “Is the Department of Homeland Security (DHS) still…

If You Can’t Beat ’Em, Join ’Em

A U.S. Navy officer sitting in front of computer monitors (U.S. Navy Photo by Mass Communication Specialist 2nd Class John Bellino, https://bit.ly/3DEKpPi, CC BY 2.0, https://creativecommons.org/licenses/by/2.0/) A review of David Sloss, “Tyrants on Twitter: Protecting Democracies from Information Warfare” (Stanford…

Cyber Insurance and Cybersecurity Policy: An Interconnected History

(Jay Deep, https://commons.wikimedia.org/wiki/File:Cybersecurity.png; CC0 1.0, https://creativecommons.org/publicdomain/zero/1.0/) A review of Josephine Wolff, “Cyberinsurance Policy: Rethinking Risk in an Age of Ransomware, Computer Fraud, Data Breaches, and Cyberattacks” (MIT Press, 2022). *** Cyber risks—that is, loss associated with the use of electronic…

A Tale of Two Strategies: Comparing the Biden and Trump National Security Strategies

Secretary Blinken and National Security Advisor Sullivan Deliver Statements to the Press (https://commons.wikimedia.org/wiki/File:Secretary_Blinken_and_National_Security_Advisor_Sullivan_Deliver_Statements_to_the_Press_(51052764548).jpg) It’s a busy time for the national security business.  Last week, the Justice Department publicly announced charges against 20 nationals from the People’s Republic of China (PRC),…

Canada’s New Sanctions Against Iran: To List or Not to List

Canadian Prime Minister Justin Trudeau addressing MEPs in the EU in March. (European Parliament, https://www.flickr.com/photos/european_parliament/51957046812/, CC-BY-2.0, https://creativecommons.org/licenses/by/2.0/deed.en), The government of Canada announced on Oct. 7 that it will impose new sanctions on Iran’s Islamic Revolutionary Guard Corps (IRGC) under the…

A Lurking Threat: State Emergency Powers in Elections

Governor Ron DeSantis in 2021 (https://www.flickr.com/photos/gageskidmore/51326400547) When American Airlines Flight 11 struck the World Trade Center’s North Tower on September 11, 2001, windows shattered at neighboring 1 World Financial Center, where voters stood in poll lines. It was New York…

Taking the Pelosi Attack Seriously

Speaker of the House Nancy Pelosi speaking with attendees at the 2019 California Democratic Party State Convention at the George R. Moscone Convention Center in San Francisco, California (https://commons.wikimedia.org/wiki/File:Nancy_Pelosi_(47998984512)) Of all the recordings of the violence on Jan. 6, some…

Democratic Governments Are Failing to Leverage Technology Companies

A digitally created "wall" of popular social media application icons during the 21st century. (Source: Geralt, https://bit.ly/3Nl967J; CC 1.0 https://creativecommons.org/licenses/by/1.0/) The response was swift and broad. Within the first hours and days of Russia’s invasion of Ukraine and before many…

How Should the U.S. Military Share Secrets?

U.S. Secretary of Defense Lloyd Austin III meets with Yasukazu Hamada, minister of defense for Japan, at the Pentagon on Sept. 14, 2022. Photo credit: DoD photo by Lisa Ferdinando via DVIDS/Public Domain. Editor’s Note: Access to U.S. intelligence is…

Mark Meadows Can’t Ignore a Fulton County Subpoena Either

Former White House Chief of Staff Mark Meadows (https://commons.wikimedia.org/wiki/File:Mark_Meadows_(48513732242).jpg) One of the interesting features of being Lawfare’s correspondent assigned to the very local Fulton County special purpose grand jury, requested by a local prosecutor under state law, is how local…

The Case for Researching Solar Geoengineering

(U.S. Air Force Photo by Dennis Sloan, https://bit.ly/3DGggjF, U.S. Government Work https://www.usa.gov/government-work) This year, much like 2021 before it, has been a record-shattering year of compounding climate disasters: an unprecedented heat wave in South Asia; the second-most-damaging hurricane in the…

An Assessment of the Second U.S. Government Domestic Terrorism Assessment

FBI Police vehicles at Hoover Building (https://commons.wikimedia.org/wiki/File:FBI_Police_vehicles_at_Hoover_Building.jpg) By their very nature, congressionally mandated reports can be dull check-the-box exercises. By the time the reports come out, the members of Congress (or, more likely, their staff) who requested them have usually…

The ICC’s Impact in Ukraine

ICC Chief Prosecutor Karim Khan. (Dutch Ministry of Foreign Affairs, https://www.flickr.com/photos/ministeriebz/51997205354/sizes/l/, CC BY-SA 2.0, https://creativecommons.org/licenses/by-sa/2.0/) It has been nearly eight months since the International Criminal Court (ICC) launched its formal investigation in Ukraine. The intervening period has featured a steady…

Intern with Lawfare!

The Lawfare Institute—publisher of information and insight at the intersection of national security, law, and policy—is now accepting Spring 2023 internship applications. The selected candidate will have the option of working remotely or in a hybrid model based in Washington,…

Value Pluralism and Human Rights in Content Moderation

Social media icons on an iPhone. (Mike MacKenzie, https://flic.kr/p/WVdYrA; CC BY 2.0, https://creativecommons.org/licenses/by/2.0/) On Oct. 4, the Council of the European Union (EU) approved the new Digital Services Act (DSA). The EU’s new law regulates

Military Foraging: Historical Practice and Contemporary Advice

A U.S. Navy Commander and British Army Officer foraging during survival training in 2018.(Department of Defense photo by Cpl. Dallas Johnson, https://bit.ly/3DxBMaw) In January, U.S. Marines reported slaughtering pigs and foraging for other organic supplies as part of training operations.…

Mark Meadows Can’t Ignore a Fulton County Subpoena Either

Former White House Chief of Staff Mark Meadows (https://commons.wikimedia.org/wiki/File:Mark_Meadows_(48513732242).jpg) One of the interesting features of being Lawfare’s correspondent assigned to the very local Fulton County special purpose grand jury, requested by a local prosecutor under state law, is how local…

Thinking Through the Jan. 6 Committee’s Trump Subpoena

The January 6th Committee (https://www.facebook.com/January6thCmte/photos) On Oct. 21, the Select Committee to Investigate the January 6th Attack on the United States Capitol made good on its promise to subpoena former President Donald Trump. Committee Chair Bennie Thompson (D-Miss.) and Vice…

The Case for Designating the Donetsk and Luhansk People’s Militias as Foreign Terrorist Organizations

Ukrainian President Volodymyr Zelenskyy visited Bucha in April. (Rawpixel, https://www.rawpixel.com/image/6918377/photo-image-public-domain-people, CC0 1.0, https://creativecommons.org/publicdomain/zero/1.0/) On Sept. 30, Russian President Vladimir Putin moved to officially annex the Ukrainian territories of Donetsk, Luhansk, Zaporizhzhia, and Kherson following a sham referendum process in each…

Military Foraging: Historical Practice and Contemporary Advice

A U.S. Navy Commander and British Army Officer foraging during survival training in 2018.(Department of Defense photo by Cpl. Dallas Johnson, https://bit.ly/3DxBMaw) In January, U.S. Marines reported slaughtering pigs and foraging for other organic supplies as part of training operations.…

Thinking Through the Jan. 6 Committee’s Trump Subpoena

The January 6th Committee (https://www.facebook.com/January6thCmte/photos) On Oct. 21, the Select Committee to Investigate the January 6th Attack on the United States Capitol made good on its promise to subpoena former President Donald Trump. Committee Chair Bennie Thompson (D-Miss.) and Vice…

The Case for Designating the Donetsk and Luhansk People’s Militias as Foreign Terrorist Organizations

Ukrainian President Volodymyr Zelenskyy visited Bucha in April. (Rawpixel, https://www.rawpixel.com/image/6918377/photo-image-public-domain-people, CC0 1.0, https://creativecommons.org/publicdomain/zero/1.0/) On Sept. 30, Russian President Vladimir Putin moved to officially annex the Ukrainian territories of Donetsk, Luhansk, Zaporizhzhia, and Kherson following a sham referenda process in each…

The ‘Three Rs’ of President Biden’s Trans-Atlantic Privacy Outreach

President Joe Biden signs an Executive Order (https://commons.wikimedia.org/wiki/File:P20220221ES-0298-1_(51974425940).jpg) Can President Biden finally resolve America’s privacy conflict with Europe? Only time will tell, but he’s made a good-faith offer that European leaders would be wise to accept. Ever since the 9/11…

The Three “Rs” of President Biden’s Trans-Atlantic Privacy Outreach

President Joe Biden signs an Executive Order (https://commons.wikimedia.org/wiki/File:P20220221ES-0298-1_(51974425940).jpg) Can President Biden finally resolve America’s privacy conflict with Europe? Only time will tell, but he’s made a good-faith offer that European leaders would be wise to accept. Ever since the 9/11…

The Evolution of Critical Infrastructure Targeting by Violent Extremists

Homeland Security Secretary Alejandro Mayorkas participated in a roundtable discussion on domestic violent extremism. (DHS Photo by Benjamin Applebaum, https://www.flickr.com/photos/dhsgov/52134519145, U.S. Government Work https://www.usa.gov/government) As the United States grapples with a fractured violent extremist landscape and the rapidly approaching midterms…

The Emerging Cyber Threat to the American Rail Industry

A track geometry vehicle owned by the Federal Railroad Administration (https://commons.wikimedia.org/wiki/File:DOTX-218.jpg) ( In 2008, Congress passed the Rail Safety Improvement Act (RSIA), which required the installation of Positive Train Control (PTC) systems—autonomous operation of a train to correct for human…

What Impact, if Any, Does Killnet Have?

A plane on the tarmac of LaGuardia Airport, one of the targets of the recent Killnet DDoS attack. (Corey Seeman, https://www.flickr.com/photos/cseeman/22288200214/in/photostream/, https://creativecommons.org/licenses/by-nc-sa/2.0/) On Oct. 4, a cryptic message first appeared in the Telegram forum We Are Killnet, hosted by the…

The Evolution of Critical Infrastructure Targeting by Violent Extremists

Homeland Security Secretary Alejandro Mayorkas participated in a roundtable discussion on domestic violent extremism. (DHS Photo by Benjamin Applebaum, https://www.flickr.com/photos/dhsgov/52134519145, U.S. Government Work https://www.usa.gov/government) As the United States grapples with a fractured violent extremist landscape and the rapidly approaching midterms…

The Emerging Cyber Threat to the American Rail Industry

A track geometry vehicle owned by the Federal Railroad Administration (https://commons.wikimedia.org/wiki/File:DOTX-218.jpg) ( In 2008, Congress passed the Rail Safety Improvement Act (RSIA), which required the installation of Positive Train Control (PTC) systems—autonomous operation of a train to correct for human…

What Is a Terrorist Movement?

Members of the Islamic State undergo training in an image from a propaganda video produced by the terrorist organization. Photo credit: Islamic State media. Definitions are the bane of terrorism analysis, and most are plagued with gaps, ambiguities, and inconsistencies.…

What’s in Biden’s Executive Order on Signals Intelligence?

President Joe Biden signs and executive order. (https://www.flickr.com/photos/whitehouse/50911775278/in/photostream/) On Oct. 7, President Biden signed the Executive Order on Enhancing Safeguards for United States Signals Intelligence Activities. This order is a concrete step taken by the president to fulfill a commitment…

The View From Riotsville, U.S.A.

A scene from RIOTSVILLE, USA, a Magnolia Pictures release. Photo courtesy of Magnolia Pictures. A review of Sierra Pettengill’s documentary film, “Riotsville, U.S.A.” (2022).  *** In 2013, the police department of Morven, Georgia, population 565, acquired $4 million worth of…

Trump’s Obstruction of Justice, From Mueller to Now

Former President Trump speaks with former Vice President Mike Pence in the Oval Office on Jan. 4, 2021. (Trump White House Archived) As Donald Trump battles in court to stall the process of the Justice Department’s Mar-a-Lago investigation, the press…

Tornado Cash Is Not Free Speech. It’s a Golem

U.S. Treasury Secretary Janet Yellen (United States Government Work, https://bit.ly/3eoY5Fp) In August, the U.S. Treasury’s Office of Foreign Assets Control (OFAC) sanctioned the cryptocurrency platform Tornado Cash, a virtual currency “mixer” designed to make it harder to trace cryptocurrency transactions—and…

What’s in Biden’s Executive Order on Signals Intelligence?

President Joe Biden signs and executive order. (https://www.flickr.com/photos/whitehouse/50911775278/in/photostream/) On Oct. 7, President Biden signed the Executive Order on Enhancing Safeguards for United States Signals Intelligence Activities. This order is a concrete step taken by the president to fulfill a commitment…

The View From Riotsville, U.S.A.

A scene from RIOTSVILLE, USA, a Magnolia Pictures release. Photo courtesy of Magnolia Pictures. A review of Sierra Pettengill’s documentary film, “Riotsville, U.S.A.” (2022).  *** In 2013, the police department of Morven, Georgia, population 565, acquired $4 million worth of…

Trump’s Obstruction of Justice, From Mueller to Now

Former President Trump speaks with former Vice President Mike Pence in the Oval Office on Jan. 4, 2021. (Trump White House Archived) As Donald Trump battles in court to stall the process of the Justice Department’s Mar-a-Lago investigation, the press…

Tornado Cash Is Not Free Speech. It’s a Golem

U.S. Treasury Secretary Janet Yellen (United States Government Work, https://bit.ly/3eoY5Fp) In August, the U.S. Treasury’s Office of Foreign Assets Control (OFAC) sanctioned the cryptocurrency platform Tornado Cash, a virtual currency “mixer” designed to make it harder to trace cryptocurrency transactions—and…

What Can a Secretive Funding Authority Tell Us About the Pentagon’s Use of Force Interpretations?

US special forces training along side Nigerian soldiers (https://en.wikipedia.org/wiki/American_military_intervention_in_Niger#/media/File:US_and_Nigerien_soldiers_trining.jpg) For nearly two decades, the Department of Defense has used 10 U.S.C. § 127e, an obscure counterterrorism funding authority, to create and command proxy forces across Africa and Asia. The full…

The View From Riotsville, U.S.A.

A scene from RIOTSVILLE, USA, a Magnolia Pictures release. Photo courtesy of Magnolia Pictures. A review of Sierra Pettengill’s documentary film, “Riotsville, U.S.A.” (2022).  *** In 2013, the police department of Morven, Georgia, population 565, acquired $4 million worth of…

Trump’s Obstruction of Justice, From Mueller to Now

Former President Trump speaks with former Vice President Mike Pence in the Oval Office on Jan. 4, 2021. (Trump White House Archived) As Donald Trump battles in court to stall the process of the Justice Department’s Mar-a-Lago investigation, the press…

What Can a Secretive Funding Authority Tell Us About the Pentagon’s Use of Force Interpretations?

US special forces training along side Nigerian soldiers (https://en.wikipedia.org/wiki/American_military_intervention_in_Niger#/media/File:US_and_Nigerien_soldiers_trining.jpg) For nearly two decades, the Department of Defense has used 10 U.S.C. § 127e, an obscure counterterrorism funding authority, to create and command proxy forces across Africa and Asia. The full…

Women and Children to the Front

Jessica Watkins, a member of the Oath Keepers on trial for seditions conspiracy, appears in video of the Jan. 6 attack on the U.S. Capitol posted to YouTube and circulated by the U.S. Department of Justice. Photo credit: U.S. Department…

Toward Greater Content Moderation Transparency Reporting

Social media platform icons on an iPhone screen. (Stacey MacNaught, https://flic.kr/p/Y69SeU; CC BY 2.0, https://creativecommons.org/licenses/by/2.0/) Freedom of expression is enshrined in almost every constitution globally. It is explicitly reflected in the U.N. Universal Declaration of Human Rights and is protected…