Category: Lawfare

Can Trump Use the Insurrection Act to Deploy Troops to American Streets?

Read the original article: Can Trump Use the Insurrection Act to Deploy Troops to American Streets? Protestors stand across from police officers in riot gear near the White House on May 30, 2020. (Flickr/Geoff Livingston, https://flic.kr/p/2j7pFRB; CC BY-NC-ND 2.0, https://creativecommons.org/licenses/by-nc-nd/2.0/)…

Can Congress Work Together to Calm the Country?

Read the original article: Can Congress Work Together to Calm the Country? Sen. Marco Rubio addresses a crowd at National Defense University (NDU Audio Visual/https://flic.kr/p/2hXzw6w/CC BY-NC 2.0/https://creativecommons.org/licenses/by-nc/2.0/) As demonstrations involving both peaceful protestors and violent provocateurs and looters continue in…

The Ayabmuk World

Read the original article: The Ayabmuk World PDF Version. A Review of “Burn-In: A Novel of the Real Robotic Future” by P.W. Singer & August Cole (Houghton Mifflin Harcourt 2020). * * * On the day I picked up my…

What Trump’s Announcement on Hong Kong Could Mean

Read the original article: What Trump’s Announcement on Hong Kong Could Mean President Donald J. Trump and President Xi Jinping meet at the July 2017 G20 Summit in Germany (Official White House Photo by Shealah Craighead/https://flic.kr/p/W1AL1L/Public Domain) President Trump announced…

Riots, White Supremacy and Accelerationism

Read the original article: Riots, White Supremacy and Accelerationism The Unite The Right Rally, Charlottesville, Va., Aug. 2017 (Source: Susan Melkisethian, https://flic.kr/p/XrTioB; CC BY-NC-ND 2.0, https://creativecommons.org/licenses/by-nc-nd/2.0/) White supremacists are gleeful as police violence and the resulting rioting tear apart cities.…

Congress Should Investigate the Trump Administration’s Coronavirus Response

Read the original article: Congress Should Investigate the Trump Administration’s Coronavirus Response President Donald Trump meets with the governors of North Dakota and Colorado, May 2020 (Official White House Photo by Shealah Craighead, https://flic.kr/p/2j2eRXJ; Public Domain, https://creativecommons.org/publicdomain/mark/1.0/) Congressional investigations can…

Using a Terrorism List to Squeeze Cuba and Venezuela

Read the original article: Using a Terrorism List to Squeeze Cuba and Venezuela U.S. officials including Secretary of State John Kerry meet with Colombian diplomats in Havana, Cuba, on March 21, 2016, in advance of Colombian peace talks. Photo credit:…

The Specter of FISA Reform Haunts Capitol Hill

Read the original article: The Specter of FISA Reform Haunts Capitol Hill The U.S. Capitol building. (Source: Geoff Livingston, https://flic.kr/p/SFfZ65; CC BY-NC-ND 2.0, https://creativecommons.org/licenses/by-nc-nd/2.0/) A ghost haunts the hallowed halls of Capitol Hill. Members catch glimpses of it occasionally—behind a…

‘Jihad’ as a Universalist Project in Comparative Perspective

Read the original article: ‘Jihad’ as a Universalist Project in Comparative Perspective PDF Version.  A review of Darryl Li’s The Universal Enemy: Jihad, Empire, and the Challenge of Solidarity (Stanford University Press, 2019). *** Studies of “jihadism” have proliferated since…

What to Make of Secretary Pompeo Decertifying Hong Kong Autonomy

Read the original article: What to Make of Secretary Pompeo Decertifying Hong Kong Autonomy Mike Pompeo speaking at an event in Washington, D.C. (Source: Gage Skidmore, https://flic.kr/p/av8tXf; CC BY-SA 2.0, https://creativecommons.org/licenses/by-sa/2.0/) U.S. Secretary of State Mike Pompeo made history yesterday…

The German Constitutional Court Nixes Foreign Surveillance

Read the original article: The German Constitutional Court Nixes Foreign Surveillance The German Federal Constitutional Court in Karlsruhe. (Source: Pan Tau, https://tinyurl.com/yc3328oc; CC BY-SA 3.0, https://creativecommons.org/licenses/by-sa/3.0/deed.en) Debates about how the rules apply to spies are as old as the Bible.…

The End of German Espionage: The Constitutional Court’s BND Act Case

Read the original article: The End of German Espionage: The Constitutional Court’s BND Act Case The German Federal Constitutional Court in Karlsruhe. (Source: Pan Tau, https://tinyurl.com/yc3328oc; CC BY-SA 3.0, https://creativecommons.org/licenses/by-sa/3.0/deed.en) Debates about how the rules apply to spies are as…

What Hard National Security Choices Would a Biden Administration Face?

Read the original article: What Hard National Security Choices Would a Biden Administration Face? Former Vice President Joe Biden speaking at the Presidential Gun Sense Forum in August 2019. (Flickr/Gage Skidmore, https://flic.kr/p/2h46nqc; CC BY-SA 2.0, https://creativecommons.org/licenses/by-sa/2.0/) No one can predict…

Mapping the China Debate

Read the original article: Mapping the China Debate President Trump and Chinese Vice Premier Liu He sign the U.S. China Phase One Trade Agreement, Jan. 15, 2020, in the East Room of the White House. (Official White House Photo by…

The Deterrent Threat of a Vetoed War Powers Resolution

Read the original article: The Deterrent Threat of a Vetoed War Powers Resolution President Trump signs an Executive Order placing further sanctions on Iran in the Oval Office. (Official White House Photo by Joyce N. Boghosian) On May 6, President…

China’s Failed Pandemic Response in Africa

Read the original article: China’s Failed Pandemic Response in Africa Medical supplies donated by Jack Ma and the Alibaba Foundation arrive in Juba, South Sudan, on April 19, 2020. Photo Credit: Chinese Ministry of Foreign Affairs https://www.fmprc.gov.cn/mfa_eng/wjb_663304/zwjg_665342/zwbd_665378/t1771208.shtml Editor’s Note: As…

Beijing Announces National Security Legislation Targeting Hong Kong

Read the original article: Beijing Announces National Security Legislation Targeting Hong Kong The first session of the 13th National People’s Congress in 2018. (Source: Official Voice of America photo, https://tinyurl.com/y74e342u) Beijing Announces National Security Legislation Targeting Hong Kong China announced…

A Tribute to Charles A. Allen

Read the original article: A Tribute to Charles A. Allen The Department of Defense. (Official Air Force photo by Sr. Airman Perry Aston) Today marks 20 years since Chuck Allen became the Department of Defense’s deputy general counsel for international…

Why Is NSO Group Asserting Sovereign Immunity in WhatsApp Litigation?

Read the original article: Why Is NSO Group Asserting Sovereign Immunity in WhatsApp Litigation? The WhatsApp icon on a cell phone (Tim Reckmann/https://flic.kr/p/qnYSuc/CC BY 2.0/https://creativecommons.org/licenses/by/2.0/) On April 2, private surveillance company NSO Group filed a motion to dismiss WhatsApp’s lawsuit…

Tribute to Charles A. Allen

Read the original article: Tribute to Charles A. Allen The Department of Defense. (Official Air Force photo by Sr. Airman Perry Aston) Today marks 20 years since Chuck Allen became the Department of Defense’s deputy general counsel for international affairs.…

U.S. Policing After Wave One of COVID-19

Read the original article: U.S. Policing After Wave One of COVID-19 An Austin Police Department officer wears a protective mask. (By: Gabriel Perez, https://flic.kr/p/2iSxWZR; CC BY-SA 2.0, https://creativecommons.org/licenses/by-sa/2.0/) Police and law enforcement officers are on the frontline of the coronavirus…

Bans on Foreign Equipment in U.S. Critical Infrastructure

Read the original article: Bans on Foreign Equipment in U.S. Critical Infrastructure President Trump signs the “Secure and Trusted Communications Networks Act of 2019,” March 12, 2020 (Official White House Photo by Shealah Craighead, https://flic.kr/p/2iDNvx1; Public Domain, https://creativecommons.org/publicdomain/mark/1.0/) One executive…

No One Should Have the Right to Opt Out of Coronavirus Surveillance

Read the original article: No One Should Have the Right to Opt Out of Coronavirus Surveillance A person holds an iPhone (Aaron Yoo/https://flic.kr/p/2iZpHFJ/CC BY-ND 2.0/https://creativecommons.org/licenses/by-nd/2.0/) Over the past several weeks, Senate Republicans and Democrats have introduced competing bills to regulate…

The Cyberspace Solarium Commission Makes Its Case to Congress

Read the original article: The Cyberspace Solarium Commission Makes Its Case to Congress Capitol During Construction, 2016 (Architect of the Capitol, https://flic.kr/p/KWzx7g; U.S. Government Work, https://www.usa.gov/government-works) During a videoconference on May 13, the Cyberspace Solarium Commission made its case to…

The Cyber Solarium Commission Makes Its Case to Congress

Read the original article: The Cyber Solarium Commission Makes Its Case to Congress Capitol During Construction, 2016 (Architect of the Capitol, https://flic.kr/p/KWzx7g; U.S. Government Work, https://www.usa.gov/government-works) During a videoconference on May 13, the Cyberspace Solarium Commission made its case to…

How Has Russia Responded to COVID-19?

Read the original article: How Has Russia Responded to COVID-19? Moscow Mayor Sergei Sobyanin participates in a government meeting to control the novel coronavirus (Russian Government Official Website/http://government.ru/en/news/39314/CC BY 4.0/https://creativecommons.org/licenses/by/4.0/) Russia’s early response to the coronavirus pandemic was met with…

Canadian Military Adjusts to Meet COVID-19 Threat

Read the original article: Canadian Military Adjusts to Meet COVID-19 Threat Justin Trudeau takes questions from reporters during a news conference on the COVID-19 pandemic. (Source: Government of Canada) As of May 13, Canada has recorded a total of 71,486…

The House Prepares to Move Forward With Remote Voting

Read the original article: The House Prepares to Move Forward With Remote Voting A view of the U.S. Capitol Dome and Senate Fountain. (Flickr/Architect of the U.S. Capitol) On May 13, House Rules Committee Chairman Jim McGovern unveiled H. Res.…

The House Prepares to Move Forward with Remote Voting

Read the original article: The House Prepares to Move Forward with Remote Voting A view of the U.S. Capitol Dome and Senate Fountain. (Flickr/Architect of the U.S. Capitol) On May 13, House Rules Committee Chairman Jim McGovern unveiled H. Res.…

Is the Trump Administration Unduly Influencing the Intelligence Community?

Read the original article: Is the Trump Administration Unduly Influencing the Intelligence Community? The Central Intelligence Agency Headquarters in the George Bush Center for Intelligence (CIA Photograph/Wikimedia Commons/https://commons.wikimedia.org/wiki/File:Nhb-exterior-020.jpg/Public Domain) To put it mildly, President Trump and the intelligence community don’t…

Why the Flynn Interview Was Predicated

Read the original article: Why the Flynn Interview Was Predicated Michael Flynn attends a campaign rally for Donald Trump in Phoenix, Arizona. (Source: By Gage Skidmore, https://tinyurl.com/ybjzdb4k; CC BY-SA 2.0, https://creativecommons.org/licenses/by-sa/2.0/deed.en) The Justice Department’s motion to dismiss the case against…

The Senate Proposes Five Amendments to FISA Reform

Read the original article: The Senate Proposes Five Amendments to FISA Reform The U.S. Capitol building. (Source: Architect of the Capitol) This week, the Senate will vote on five amendments to H.R. 6172, which would reauthorize certain intelligence-related authorities that…

Cyber Command Needs New Acquisition Authorities

Read the original article: Cyber Command Needs New Acquisition Authorities Personnel of the 624th Operations Center conduct cyber operations in support of the command and control of Air Force network operations and the joint requirements of the Air Force component…

Supreme Court Oral Argument Preview: Trump Financial Documents Cases

Read the original article: Supreme Court Oral Argument Preview: Trump Financial Documents Cases Daffodils bloom as the Supreme Court of the United States is closed to visitors in response to COVID-19. (Flickr/Phil Roeder, https://flic.kr/p/2iEpySY; CC BY 2.0, https://creativecommons.org/licenses/by/2.0/) On May…

All’s Clear for Deep Fakes: Think Again

Read the original article: All’s Clear for Deep Fakes: Think Again Researcher Doug Roble discusses advances in deepfake technology, TEDTalks2019 (Source: Steve Jurvetson, https://flic.kr/p/S9oEiP; CC BY 2.0, https://creativecommons.org/licenses/by/2.0/)   The verdict was in, and it was a comforting one: Deep…

Assessing Cyber Risk From External Information

Read the original article: Assessing Cyber Risk From External Information Apple Laptop. (Source: https://www.needpix.com/photo/589044/macbook-laptop-dark-computer-notebook-technology-business-internet-work) There is a vision for the future of assessing cybersecurity: The goal is a system of cyber metrics that are transparent, auditable, practical, scalable and widely…

The Normalization of Trade Security Exceptionalism

Read the original article: The Normalization of Trade Security Exceptionalism Treasury Secretary Steve Mnuchin, alongside President Trump and Vice President Pence, delivers remarks to the press during a coronavirus update briefing. (Source: Flickr/Official White House Photo by D. Myles Cullen)…

Three Questions on COVID-19 and Digital Technologies

Read the original article: Three Questions on COVID-19 and Digital Technologies Zoom Mobile Application (Image by antonbe, https://pixabay.com/images/id-5064083/; Pixabay License, https://pixabay.com/service/license/) If software has been eating the world for the past decade, it has consumed the world entirely in recent…

China’s Balancing Act in Libya

Read the original article: China’s Balancing Act in Libya Chinese officials meet with the Libyan Higher Council of State in April 2018. Photo Credit: Libyan Higher Council of State Facebook Page via Libyan Express Editor’s Note: Libya is in flux,…

The Justice Department’s Faulty Arguments in the Flynn Case

Read the original article: The Justice Department’s Faulty Arguments in the Flynn Case Former national security advisor Michael Flynn at a campaign rally for Donald Trump at the Phoenix Convention Center, 2016 (Gage Skidmore, https://flic.kr/p/MJQaAD; CC BY-SA 2.0, https://creativecommons.org/licenses/by-sa/2.0/) The…

An Ugly Day for the Justice Department

Read the original article: An Ugly Day for the Justice Department Protestors stand outside the federal courthouse during Michael Flynn's 2018 sentencing hearing. (Flickr/Laurie Shaull, https://flic.kr/p/2dzkP5C; CC BY-SA 2.0, https://creativecommons.org/licenses/by-sa/2.0/) It is exceptionally rare for the United States Department of…

Does China Really Owe the World Trillions of Dollars?

Read the original article: Does China Really Owe the World Trillions of Dollars? Coronavirus warning ad in London. (Source: https://www.flickr.com/photos/duncan/49628265082/) In times of uncertainty and anxiety, it’s always nice for some people to have someone to blame. In times of…

Don’t Let COVID-19 Eclipse Election Security Concerns

Read the original article: Don’t Let COVID-19 Eclipse Election Security Concerns A poll worker wears a mask and an American flag hat at a Milwaukee polling station during Wisconsin's April 2020 elections. (Coburn Dukehart/Wisconsin Watch, https://flic.kr/p/2iNGf73; CC BY-NC-ND 2.0, https://creativecommons.org/licenses/by-nc-nd/2.0/)…

Contact-Tracing Apps in the United States

Read the original article: Contact-Tracing Apps in the United States Two people in the U.K. wearing personal protective equipment look at their phones. (By: Tim Dennell, https://flic.kr/p/2iNUxQv; CC BY-NC 2.0, https://creativecommons.org/licenses/by-nc/2.0/) Digital contact tracing has become a central component of…

Immigration Update: Ninth Circuit Rules Against Trump Ban on Uninsured

Read the original article: Immigration Update: Ninth Circuit Rules Against Trump Ban on Uninsured Acting Secretary of Homeland Security Chad Wolf speaking in 2019. (Source: Sol M. Linowitz Forum, https://tinyurl.com/y7rxls67; CC BY 2.0, https://creativecommons.org/licenses/by/2.0/deed.en) In a ruling on May 4…

Congress Dawdles on Remote Voting

Read the original article: Congress Dawdles on Remote Voting The exterior of the house of representatives. (Source: Flickr/Architect of the Capitol) The House of Representatives was supposed to return to Capitol Hill on Monday, May 4, after a lengthy recess…

The Israeli Supreme Court Checks COVID-19 Electronic Surveillance

Read the original article: The Israeli Supreme Court Checks COVID-19 Electronic Surveillance Israeli Prime Minister Benjamin Netanyahu, whose government authorized the Israeli Security Agency to conduct electronic contact tracing. (Source: Official Government of Russia photo) Can the Israeli executive continue…

Standards Bodies Are Under Friendly Fire in the War on Huawei

Read the original article: Standards Bodies Are Under Friendly Fire in the War on Huawei Huawei's North American offices in 2016 (Open Grid Scheduler/Grid Engine/https://flic.kr/p/GdqxGu/CC0 1.0/https://creativecommons.org/publicdomain/zero/1.0/) On April 14, six Republican senators wrote a letter voicing concern over guidance from…

State Emergency Authorities to Address COVID-19

Read the original article: State Emergency Authorities to Address COVID-19 An Oklahoma Army National Guardsman wipes down surfaces at a long-term healthcare facility. (Source: National Guard Photo by Tech. Sgt. Rebecca Imwalle) The coronavirus has spread to all 50 states,…

Is a Major Change to Military Justice in the Works?

Read the original article: Is a Major Change to Military Justice in the Works? (U.S. Air Force photo/Tech. Sgt. Samuel Morse) In the most recent National Defense Authorization Act, Congress directed the secretary of defense to make a recommendation as…

Flynn Redux: What Those FBI Documents Really Show

Read the original article: Flynn Redux: What Those FBI Documents Really Show Michael Flynn supporters wait outside the federal courthouse while Flynn is inside awaiting sentencing, December 2018. (Flickr/Lorie Shaull, https://flic.kr/p/2dE1fWX; CC BY-SA 2.0, https://creativecommons.org/licenses/by-sa/2.0/) Over the last few days,…

The Importance of Equity in Contact Tracing

Read the original article: The Importance of Equity in Contact Tracing An iPhone on a desk with a music app open, 2020 (M. Johnson/www.songsimian.com/https://flic.kr/p/2icK8j9/CC BY 2.0/https://creativecommons.org/licenses/by/2.0/) Commentators and policymakers appear to have slowly rallied around “contact tracing” as a means…

Cyber Operations Against Medical Facilities During Peacetime

Read the original article: Cyber Operations Against Medical Facilities During Peacetime The Peace Palace in The Hague, Netherlands which houses the International Court of Justice (Source: https://commons.wikimedia.org/wiki/File:Peace_Palace_by_Night.jpg) Editor’s Note: This article does not reflect the views of the American Society…

Why the Postal Service Is Critical to National Security

Read the original article: Why the Postal Service Is Critical to National Security Van marked "United States Postal Inspectors." (Flickr/Paul Sullivan, https://flic.kr/p/og5UcZ; CC BY-ND 2.0, https://creativecommons.org/licenses/by-nd/2.0/) The United States Postal Service (USPS) is America’s favorite federal agency: In 2019, 74…

COVID-19, Speech and Surveillance: A Response

Read the original article: COVID-19, Speech and Surveillance: A Response A cell phone. (By: Tati Tata, https://tinyurl.com/t5x5upw; CC BY 2.0, https://creativecommons.org/licenses/by-nc/2.0/) Neither of us has ever written anything that has been as misinterpreted as this piece in the Atlantic. People…

Lawfare Live: COVID-19, Speech and Surveillance

Read the original article: Lawfare Live: COVID-19, Speech and Surveillance In an essay in the Atlantic on April 25, Jack Goldsmith and Andrew Keane Woods argued that speech control and surveillance initiatives by the tech platforms, in coordination with the…

Another Plan for Foreign Fighters Falls Apart

Read the original article: Another Plan for Foreign Fighters Falls Apart Philippe Goffin, Minister of Foreign Affairs and of Defense of Belgium, speaks to a crowd at a United Nations meeting in Geneva, Feb. 24, 2020 (U.N./Violaine Martin/https://flic.kr/p/2ixa1o8/CC BY-NC-ND 2.0/https://creativecommons.org/licenses/by-nc-nd)…

Another European Plan for Foreign Fighters Falls Apart

Read the original article: Another European Plan for Foreign Fighters Falls Apart Philippe Goffin, Minister of Foreign Affairs and of Defense of Belgium, speaks to a crowd at a United Nations meeting in Geneva, Feb. 24, 2020 (U.N./Violaine Martin/https://flic.kr/p/2ixa1o8/CC BY-NC-ND…

World War COVID-19: Who Bleeds, Who Pays?

Read the original article: World War COVID-19: Who Bleeds, Who Pays? Tech. Sgt. Dion Richardson with the 152nd Medical Group respirator fit tests Soldiers of 240th Engineer Company before support operations in response to COVID-19, Friday, Apr. 17, 2020, Las…

Proliferated Nuclear Ethics

Read the original article: Proliferated Nuclear Ethics President Donald J. Trump meets with Japanese Prime Minister Shinzo Abe and India Prime Minister Narendra Modi in June 28, 2019, in Osaka, Japan. (https://flic.kr/p/2gmk7mM/Official White House Photo by Shealah Craighead/Public Domain) Nuclear…

Turkey and COVID-19: Don’t Forget Refugees

Read the original article: Turkey and COVID-19: Don’t Forget Refugees Refugees at a camp in Saluc, Turkey, receive aid in November 2014. Photo credit: European Union/ECHO/Caroline Gluck https://www.flickr.com/photos/eu_echo/15735954519; CC BY-NC-ND 2.0 https://creativecommons.org/licenses/by-nc-nd/2.0/ Editor’s Note: This article originally appeared on Order…

En Banc Oral Argument Preview: Committee on the Judiciary v. McGahn

Read the original article: En Banc Oral Argument Preview: Committee on the Judiciary v. McGahn Don McGahn speaking at the 2018 Conservative Politica Action Conference. (By: Gage Skidmore, https://tinyurl.com/ya8dfjbh; CC BY-SA 2.0, https://creativecommons.org/licenses/by-sa/2.0/deed.en) On April 28, the U.S. Court of…

The Deepfake iPhone Apps are Here

Read the original article: The Deepfake iPhone Apps are Here President Donald J. Trump addresses a crowd on the South Lawn on Arbor Day, Apr. 22, 2020 (Official White House Photo by Andrea Hanks/https://flic.kr/p/2iTcLhs/Public Domain) Like many Americans, I woke…