Rally by the Supreme Court as the DACA cases are heard inside in November 2019. (Source: https://www.flickr.com/photos/vpickering/49057840887) On Oct. 5, the Fifth Circuit held in Texas v. United States that the Deferred Action for Childhood Arrivals (DACA) program conflicted with…
Category: Lawfare
The AI Bill of Rights Makes Uneven Progress on Algorithmic Protections
President Biden at the White House. (Official White House Photo by Adam Schultz) The White House has released the Blueprint for an AI Bill of Rights—which is likely the signature document reflecting the Biden administration’s approach to algorithmic regulation. Paired…
Beyond Deportation
The Miami Field Office of USICE (Immigration and Customs Enforcement) conducted a week-long surge operation from in March 2018. (Source: CC BY-SA 4.0 <https://creativecommons.org/licenses/by-sa/4.0>, via Wikimedia Commons) Border enforcement once again dominates contemporary immigration law debates. Yet many legal practices…
What Is the Controversy on Repatriations From Syria About?
Kurdish YPG Fighters (https://www.flickr.com/photos/kurdishstruggle/27122619650) Editor’s Note: This article offers a short summary of the origins of a recent European Court of Human Rights ruling and the stakes involved. You can read more about the ruling in the author’s previous article.…
“Zeitenwende”: A Turning Point for German Policy Toward China?
Norbert Röttgen in 2012 (https://commons.wikimedia.org/wiki/File:Norbert_roettgen_2012.jpg) A review of Norbert Röttgen, “Never Again Helpless! A Manifesto in Times of War” (published in German under the title “Nie wieder hilflos! Ein Manifest in Zeiten des Krieges”)
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…
Cybersecurity Regulation: It’s Not ‘Performance-Based’ If Outcomes Can’t Be Measured
Code on computer monitor. (Source: Markus Spiske, https://unsplash.com/photos/Skf7HxARcoc; CC0 1.0, https://creativecommons.org/licenses/by/1.0/) After Colonial Pipeline suffered a ransomware attack in May 2021 and took its 5,500-mile system offline for nearly a week, the Transportation Security Administration (TSA) issued a set of…
France Called Out for Ignoring Plea to Repatriate Citizens in Syria
The European Court of Human Rights (https://www.coe.int/en/web/tbilisi/europeancourtofhumanrights) Three years after the military defeat of the Islamic State in Syria, thousands of foreign women and children remain in de facto detention camps run by the former Kurdish Syrian Democratic Forces (SDF)…
Beyond Deportation
The Miami Field Office of USICE (Immigration and Customs Enforcement) conducted a week-long surge operation from in March 2018. (Source: CC BY-SA 4.0 <https://creativecommons.org/licenses/by-sa/4.0>, via Wikimedia Commons) Border enforcement once again dominates contemporary immigration law debates. Yet many legal practices…
What Is the Controversy on Repatriations From Syria About?
Kurdish YPG Fighters (https://www.flickr.com/photos/kurdishstruggle/27122619650) Editor’s Note: This article offers a short summary of the origins of a recent European Court of Human Rights ruling and the stakes involved. You can read more about the ruling in the author’s previous article.…
Oath Keepers on Trial
Oath Keepers in Richmond (https://commons.wikimedia.org/wiki/File:Oath_Keepers_in_Richmond_(50874665086).jpg) It’s around 8:45 a.m. on Monday, Oct. 3, and I’m in an elevator at the E. Barrett Prettyman courthouse, squeezed between a federal prosecutor and defense counsel for a far-right paramilitary leader. The elevator isn’t…
“Zeitenwende”: A Turning Point for German Policy Toward China?
Norbert Röttgen in 2012 (https://commons.wikimedia.org/wiki/File:Norbert_roettgen_2012.jpg) A review of Norbert Röttgen, “Never Again Helpless! A Manifesto in Times of War” (published in German under the title “Nie wieder hilflos! Ein Manifest in Zeiten des Krieges”)
Don’t Assume China’s AI Regulations Are Just a Power Play
Code on computer monitor. (Source: Sai Kiran Anagani _imkiran, CC0, via Wikimedia Commons) In March, new regulations entered into effect in China that require companies deploying recommendation algorithms to file details about those algorithms with the Cyberspace Administration of China…
France Called Out for Ignoring Plea to Repatriate Citizens in Syria
The European Court of Human Rights (https://www.coe.int/en/web/tbilisi/europeancourtofhumanrights) Three years after the military defeat of the Islamic State in Syria, thousands of foreign women and children remain in de facto detention camps run by the former Kurdish Syrian Democratic Forces (SDF)…
A Moment of Strategic Clarity
Russian President Vladimir Putin signs documents to illegally annex four provinces in Eastern Ukraine during a ceremony at the Kremlin on Sept. 30, 2022. Photo credit: Grigoriy Sisoev/RIA Novosti via Kremlin.ru; CC BY 4.0. Editor’s Note: Russia’s annexation of conquered…
The Chatter Podcast: Hurricanes and Governmental Response with Eric Jay Dolin
Every year, the eastern United States faces the prospect–and, too often, the reality–of major hurricanes that cause extensive physical and financial damage. This year is no exception; even as Hurricane Ian leaves devastating damage in its wake, more storms are…
An Unbalanced Biography of the Espionage Act
Free Chelsea Manning Poster (https://commons.wikimedia.org/wiki/File:%22Free_Chelsea_Manning%22_Poster_(31874448070).jpg) A review of Ralph Engelman and Carey Shenkman, “A Century of Repression: The Espionage Act and Freedom of the Press” (University of Illinois Press, 2022). *** The unfettered flow of information via a free press…
Tornado Cash Sanctions Are Unduly ‘Creative’ With the First Amendment
The Treasury Department (Mattia Pancirol, https://flic.kr/p/2aV6PQf; CC BY-NC-ND 2.0, https://creativecommons.org/licenses/by-nc-nd/2.0/) In May, Nicholas Weaver suggested in Lawfare that the U.S. Treasury should “creatively” sanction Tornado Cash. In August, the Office of Foreign Assets Control (OFAC)
Cyberwar in Ukraine: What You See Is Not What’s Really There
Ukrainian soldiers in Kherson. (manhhai, https://flic.kr/p/2noXtTT; CC BY 2.0, https://creativecommons.org/licenses/by/2.0/) It has been seven months since Russia invaded Ukraine. Despite much speculation, many aspects of the war have ultimately not turned out as expected. The war wasn’t, as Russia had…
The Search for Accountability: A Guide to Lawfare’s Jan. 6 Project
The January 6th Committee (https://twitter.com/January6thCmte/status/1550207289096916995/photo/2) The story of Jan. 6’s aftermath—and all of Lawfare’s coverage of it—in one place. *** The slate of hearings convened by the Jan. 6 Committee was the television event of summer 2022: a dramatic series…
Why Biden and Blinken Are Backing a Candidate for a Little-Known U.N. Internet Agency
Doreen Bogdan-Martin (https://www.state.gov/doreen-bogdan-martin-itu-secretary-general-candidate/) A little-known U.N. agency that develops worldwide technical standards for the internet will gain unfamiliar geopolitical attention as scientists, engineers, and government officials descend on Bucharest, Romania, this week. On Thursday, governments will elect the International Telecommunication…
I Am Not a Source; Reading My Twitter Feed Is Not a Method
Department of Homeland Security (https://www.gao.gov/products/gao-20-133) Is the Department of Homeland Security (DHS) still filing intelligence reports about journalists? It seems like a simple question. And I confess I wasn’t expecting the routine status report a federal judge ordered the government…
Water Wars: U.S. Counters Beijing’s Reaction to Pelosi Visit With $1.1 Billion Arms Sale to Taiwan
Ticonderoga-class guided-missile cruiser USS Chancellorsville (CG-62) transits the South China Sea during routine operations. Source: US Navy Photo. U.S.-China Tensions Continue to Escalate Over Taiwan Chinese Drones Buzz Taiwan Following Speaker Pelosi’s Visit; Taiwan Responds Following House Speaker Nancy Pelosi’s…
A Modest Proposal
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://www.flickr.com/photos/gageskidmore/47999048851) As the country heads toward the midterm elections, the fate of…
The Chatter Podcast: Hurricanes and Governmental Response with Eric Jay Dolin
Every year, the eastern United States faces the prospect–and, too often, the reality–of major hurricanes that cause extensive physical and financial damage. This year is no exception; even as Hurricane Ian leaves devastating damage in its wake, more storms are…
Tornado Cash Sanctions Are Unduly “Creative” With the First Amendment
The Treasury Department (Mattia Pancirol, https://flic.kr/p/2aV6PQf; CC BY-NC-ND 2.0, https://creativecommons.org/licenses/by-nc-nd/2.0/) In May, Nicholas Weaver suggested in Lawfare that the U.S. Treasury should “creatively” sanction Tornado Cash. In August, the Office of Foreign Assets Control (OFAC) followed Weaver’s advice. The results…
An Unbalanced Biography of the Espionage Act
Free Chelsea Manning Poster (https://commons.wikimedia.org/wiki/File:%22Free_Chelsea_Manning%22_Poster_(31874448070).jpg) A review of Ralph Engelman and Carey Shenkman, “A Century of Repression: The Espionage Act and Freedom of the Press” (University of Illinois Press, 2022). *** The unfettered flow of information via a free press…
‘Patriotic Hacking’ Is No Exception
A computer keyboard. (Source: Chief Photographer, OGL v1.0OGL v1.0, via Wikimedia Commons) The nations of the world agreed to politically binding norms for cyber conduct just in time to have them undermined by the Russian invasion of Ukraine. The issue…
Can You Hack It? Find Out In Our Lawfare Class
Last week on Lawfare, Scott J. Shapiro and I set out on a journey: We’re bringing hacking and cybersecurity education to a remote cohort of Lawfare‘s material supporters
Social Media Transparency Rules, Zauderer Standard Head to Supreme Court
The U.S. Supreme Court behind a fence. (Victoria Pickering, https://flic.kr/p/2mrEEQT; CC BY-NC-ND 2.0, https://creativecommons.org/licenses/by-nc-nd/2.0/) In 2021, Florida passed SB 7072, a pathbreaking (in a bad way) social media speech law. This May, the U.S. Court of Appeals for the Eleventh…
Why Biden and Blinken Are Backing a Candidate for a Little-Known U.N. Internet Agency
Doreen Bogdan-Martin (https://www.state.gov/doreen-bogdan-martin-itu-secretary-general-candidate/) A little-known U.N. agency that develops worldwide technical standards for the internet will gain unfamiliar geopolitical attention as scientists, engineers, and government officials descend on Bucharest, Romania, this week. On Thursday, governments will elect the International Telecommunication…
Water Wars: U.S. Counters Beijing’s Reaction to Pelosi Visit With $1.1 Billion Arms Sale to Taiwan
Ticonderoga-class guided-missile cruiser USS Chancellorsville (CG-62) transits the South China Sea during routine operations. Source: US Navy Photo. U.S.-China Tensions Continue to Escalate Over Taiwan Chinese Drones Buzz Taiwan Following Speaker Pelosi’s Visit; Taiwan Responds Following House Speaker Nancy Pelosi’s…
Why Biden and Blinken are Backing a Candidate for a Little-Known UN Internet Agency
Doreen Bogdan-Martin (https://www.state.gov/doreen-bogdan-martin-itu-secretary-general-candidate/) A little-known UN agency that develops worldwide technical standards for the internet will gain unfamiliar geopolitical attention as scientists, engineers, and government officials descend on Bucharest, Romania this week. On Thursday, governments will elect the International Telecommunication…
Why the Jan. 6 Committee Must Reinforce the 25th Amendment
The January 6th Committee (https://twitter.com/January6thCmte/status/1542912945029521408/photo/2) When the House Select Committee to Investigate the January 6th Attack on the United States Capitol reconvenes this fall, it’s widely expected that the 25th Amendment will be a topic of interest. Over the summer,…
Treason, Insurrection, and Disqualification: From the Fugitive Slave Act of 1850 to Jan. 6, 2021
Tarring & Feathering An Excise Officer. Engraved by John Rogers (ca. 1808-ca. 1888), New York Public Library. (https://commons.wikimedia.org/wiki/File:Tarring_%26_Feathering_An_Excise_Officer.jpg) On Sept. 6, Judge Francis Mathew, a state district court judge in New Mexico, disqualified Couy Griffin, an Otero County […]Content was…
Water Wars: U.S. Counters Beijing’s Reaction to Pelosi Visit With $1.1B Arms Sale to Taiwan
Ticonderoga-class guided-missile cruiser USS Chancellorsville (CG-62) transits the South China Sea during routine operations. Source: US Navy Photo. U.S.-China Tensions Continue to Escalate Over Taiwan Chinese Drones Buzz Taiwan Following Speaker Pelosi’s Visit; Taiwan Responds Following House Speaker Nancy Pelosi’s…
Can You Hack It? Find Out In Our Lawfare Class
Last week on Lawfare, Scott J. Shapiro and I set out on a journey: We’re bringing hacking and cybersecurity education to a remote cohort of Lawfare‘s material supporters
‘Patriotic Hacking’ Is No Exception
A computer keyboard. (Source: Chief Photographer, OGL v1.0OGL v1.0, via Wikimedia Commons) The nations of the world agreed to politically binding norms for cyber conduct just in time to have them undermined by the Russian invasion of Ukraine. The issue…
‘Patriotic Hacking’ is No Exception
A computer keyboard. (Source: Chief Photographer, OGL v1.0OGL v1.0, via Wikimedia Commons) The nations of the world agreed to politically binding norms for cyber conduct just in time to have them undermined by the Russian invasion of Ukraine. The issue…
Social Media Transparency Rules, Zauderer Standard Head to Supreme Court
The U.S. Supreme Court behind a fence. (Victoria Pickering, https://flic.kr/p/2mrEEQT; CC BY-NC-ND 2.0, https://creativecommons.org/licenses/by-nc-nd/2.0/) Last year Florida passed SB 7072, a pathbreaking (in a bad way) social media speech law. This May, the U.S. Court of Appeals for the Eleventh…
Why the Jan. 6 Committee Must Reinforce the 25th Amendment
The January 6th Committee (https://twitter.com/January6thCmte/status/1542912945029521408/photo/2) When the House Select Committee to Investigate the January 6th Attack on the United States Capitol reconvenes this fall, it’s widely expected that the 25th Amendment will be a topic of interest. Over the summer,…
Treason, Insurrection, and Disqualification: From the Fugitive Slave Act of 1850 to Jan. 6, 2021
Tarring & Feathering An Excise Officer. Engraved by John Rogers (ca. 1808-ca. 1888), New York Public Library. (https://commons.wikimedia.org/wiki/File:Tarring_%26_Feathering_An_Excise_Officer.jpg) On Sept. 6, Judge Francis Mathew, a state district court judge in New Mexico, disqualified Couy Griffin, an Otero County commissioner who…
How to Overcome the Pitfalls of the Saudi-Iran Dialogue
U.S. President Joe Biden meets with Arab leaders, including Saudi Crown Prince Mohammed bin Salman, in Jeddah, Saudi Arabia, on July 16, 2022. Photo credit: Saudi Press Agency via Twitter. Editor’s Note: The Saudi-Iran dialogue continues, but has produced little…
The Chatter Podcast: Josephine Baker, Singer and Spy, with Damien Lewis
In her day, Josephine Baker was one of the most famous women in the world. Fans recognized the superstar singer, actress, and dancer everywhere she went, particularly on the streets of Paris, where she walked a pet cheetah on a…
Content Moderation Tools to Stop Extremism
Technology companies are more active than ever in trying to stop terrorists, white supremacists, conspiracy theorists, and other hateful individuals, organizations, and movements from exploiting their platforms, but government and public pressure to do more is growing. If companies decide…
Two Americas: Cross-Border Data Requests Post-Dobbs
After the decision on Whole Woman's Health v. Hellerstedt Texas abortion case, Supreme Court, Washington, DC (https://www.flickr.com/photos/afagen/28727580011/) Following the Supreme Court’s decision in Dobbs v. Jackson Women’s Health Organization in June, concerns have been raised by Congress,
Previously Undisclosed OLC Opinions Illuminate the Growth of Executive Power
OLC Wooden Door Sign (https://www.justice.gov/sites/default/files/image_panes/images/olc-wooden-door-sign.jpg) Editor’s Note: Pursuant to a FOIA settlement, the Knight Institute recently received a set of previously undisclosed OLC memoranda related to executive privilege. They have provided these memoranda to Lawfare to read and consider how…
Trump Special Master Review: Enter Dearie
Elbert P. Tuttle Courthouse (https://www.ca11.uscourts.gov/sites/default/files/images/atl_tuttle_bldg.jpg) On Sept. 20, Senior Judge Raymond Dearie, the special master chosen by Judge Aileen Cannon to evaluate disputes over the records seized by the FBI from former President Trump’s Mar-a-Lago estate, conducted a preliminary hearing…
Finding Out What Russians Think—Without Asking Them
Yandex main office in Moscow. (Source: WikiFido, CC BY-SA 4.0 <https://creativecommons.org/licenses/by-sa/4.0>, via Wikimedia Commons) “When will Russia liberate Ukraine?” “Will there be a war with NATO?” “A list of dead Russian soldiers in Ukraine” “Will there be payments from Putin?”…
Finally, a Better U.S. War Crimes Bill. Now What?
The aftermath of the massacre in Bucha, Ukraine. (manhhai,https://flic.kr/p/2ncnUgL; CC BY 2.0, https://creativecommons.org/licenses/by/2.0/) Justice is having a moment. Ongoing atrocities in Ukraine have put accountability for serious international crimes in the spotlight in ways not seen for decades. That’s especially…
The Eleventh Circuit Cleans Up the Mess
Marine One at Mar-a-Lago (Official White House Photo by Joyce N. Boghosian) The ruling Wednesday evening by a unanimous panel of the U.S. Court of Appeals for the Eleventh Circuit to slap a partial stay on a lower court’s ruling…
Not a Panacea: Trump Disqualification and Plea Bargains
Donald Trump at CPAC in 2014. (Source: Gage Skidmore from Peoria, AZ, United States of America, CC BY-SA 2.0 <https://creativecommons.org/licenses/by-sa/2.0>, via Wikimedia Commons) The Justice Department’s ongoing investigation into whether former President Trump unlawfully retained classified documents and other presidential…
The Fifth Circuit’s Social Media Decision: A Dangerous Example of First Amendment Absolutism
Social media interactions on a mobile phone. (Marco Verch Professional Photographer, https://flic.kr/p/2kN7p5e; CC BY 2.0, https://creativecommons.org/licenses/by/2.0/) On Sept. 16, the Fifth Circuit issued its opinion in NetChoice v. Paxton, upholding the controversial Texas law that limits the ability of large…
The Chatter Podcast: Josephine Baker, Singer and Spy, with Damien Lewis
In her day, Josephine Baker was one of the most famous women in the world. Fans recognized the superstar singer, actress, and dancer everywhere she went, particularly on the streets of Paris, where she walked a pet cheetah on a…
Two Americas: Cross-Border Data Requests Post-Dobbs
After the decision on Whole Woman's Health v. Hellerstedt Texas abortion case, Supreme Court, Washington, DC (https://www.flickr.com/photos/afagen/28727580011/) Following the Supreme Court’s decision in Dobbs v. Jackson Women’s Health Organization in June, concerns have been raised by Congress,
Content Moderation Tools to Stop Extremism
Technology companies are more active than ever in trying to stop terrorists, white supremacists, conspiracy theorists, and other hateful individuals, organizations, and movements from exploiting their platforms, but government and public pressure to do more is growing. If companies decide…
Trump Special Master Review: Enter Dearie
Elbert P. Tuttle Courthouse (https://www.ca11.uscourts.gov/sites/default/files/images/atl_tuttle_bldg.jpg) On Sept. 20, Senior Judge Raymond Dearie, the special master chosen by Judge Aileen Cannon to evaluate disputes over the records seized by the FBI from former President Trump’s Mar-a-Lago estate, conducted a preliminary hearing…
Applications for Lawfare Fall 2022 Internship Open
The Lawfare Institute—publisher of information and insight at the intersection of national security, law, and policy—is now accepting fall 2022 internship applications. The selected candidate will have the option of working remotely or in a hybrid model based in Washington,…
Finding Out What Russians Think—Without Asking Them
Yandex main office in Moscow. (Source: WikiFido, CC BY-SA 4.0 <https://creativecommons.org/licenses/by-sa/4.0>, via Wikimedia Commons) “When will Russia liberate Ukraine?” “Will there be a war with NATO?” “A list of dead Russian soldiers in Ukraine” “Will there be payments from Putin?”…
Finally, a Better U.S. War Crimes Bill. Now What?
The aftermath of the massacre in Bucha, Ukraine. (manhhai,https://flic.kr/p/2ncnUgL; CC BY 2.0, https://creativecommons.org/licenses/by/2.0/) Justice is having a moment. Ongoing atrocities in Ukraine have put accountability for serious international crimes in the spotlight in ways not seen for decades. That’s especially…
The Data Broker Caught Running Anti-Abortion Ads—to People Sitting in Clinics
A reproductive health clinic. (Source: Carrie Mumah, https://tinyurl.com/ynjum8wk) In July, the House Oversight Committee sent letters to data brokers SafeGraph, Digital Envoy, Placer.ai, Gravy Analytics, and Babel Street as well as five personal health apps interrogating their collection and sale…
Intern with Lawfare!
The Lawfare Institute—publisher of information and insight at the intersection of national security, law, and policy—is now accepting fall 2022 internship applications. The selected candidate will have the option of working remotely or in a hybrid model based in Washington,…
The Fifth Circuit’s Social Media Decision: A Dangerous Example of First Amendment Absolutism
Social media interactions on a mobile phone. (Marco Verch Professional Photographer, https://flic.kr/p/2kN7p5e; CC BY 2.0, https://creativecommons.org/licenses/by/2.0/) On Friday, the Fifth Circuit issued its opinion in NetChoice v. Paxton, upholding the controversial Texas law that limits the ability of large social…
Not a Panacea: Trump Disqualification and Plea Bargains
Donald Trump at CPAC in 2014. (Source: Gage Skidmore from Peoria, AZ, United States of America, CC BY-SA 2.0 <https://creativecommons.org/licenses/by-sa/2.0>, via Wikimedia Commons) The Justice Department’s ongoing investigation into whether former President Trump unlawfully retained classified documents and other presidential…
Investigating the Death of Shireen Abu Akleh
Demonstrators in London, commemorating the Nakbda and protesting the death of Shireen Abu Akleh in May. (Source: Alisdare Hickson, CC BY-SA 2.0 <https://creativecommons.org/licenses/by-sa/2.0>, via Wikimedia Commons) On May 11, 2022, the Palestinian Health Ministry announced the death of Shireen Abu…
The Data Broker Caught Running Anti-Abortion Ads—to People Sitting in Clinics
A reproductive health clinic. (Source: Carrie Mumah, https://tinyurl.com/ynjum8wk) In July, the House Oversight Committee sent letters to data brokers SafeGraph, Digital Envoy, Placer.ai, Gravy Analytics, and Babel Street as well as five personal health apps interrogating their collection and sale…
The Importance of Terrorist Founders and the Role of Safe Havens
Hafiz Saeed, leader of Lashkar-e-Taiba, appears in a video in 2019. Photo credit: Wikipedia/Public Domain. Editor’s Note: Many terrorist groups are small, and their initial leaders exert outsized influence on their future direction. Drawing on their recent book, Tricia Bacon…
What It Really Means to “Hold Big Tech Accountable”
Technology In Cyberspace: Globe in the intergalactic network. (Source: Gerd Altmann “00029 Technology In Cyberspace” CC0 Public Domain) Across the globe, lawmakers are belatedly moving to regulate the companies that manage the internet. These efforts vary widely, in terms of…
Sanctions as a Surgical Tool Against Online Foreign Influence
The United States Department of the Treasury Building. (Wally Gobetz, https://flic.kr/p/8RixGG; CC BY-NC-ND 2.0, https://creativecommons.org/licenses/by-nc-nd/2.0/) Russia’s expanded invasion of Ukraine has once again brought to the fore the role of online influence—both overt and covert—in modern warfare. Much has been…
Breaking Down the U.N.’s Report on Xinjiang
Demonstrators protesting China's treatment of Uighurs, Washington, D.C., 2009. (Malcolm Brown, https://flic.kr/p/6DFk9r; https://creativecommons.org/licenses/by-sa/2.0/, https://creativecommons.org/licenses/by-sa/2.0/) The United Nations Office of the High Commissioner for Human Rights (OHCHR) released a long-awaited report Aug. 31 on Chinese government abuses in Xinjiang. Broadly, the…
A Retrospective Post-Quantum Policy Problem
Interior of an IBM Quantum computing system. (Graham Carlow, https://flic.kr/p/24VJTSD; CC BY-ND 2.0, https://creativecommons.org/licenses/by-nd/2.0/) In May 2022, the White House issued a National Security Memorandum that stated: a quantum computer of sufficient size and sophistication—also known as a cryptanalytically relevant…
Missouri Decision Foreshadows Outcomes of Remaining Coronavirus-Related Suits Against China
COVID-19 pandemic in Chernivtsi, Ukraine. (Source: Mstyslav Chernov, CC BY-SA 4.0 <https://creativecommons.org/licenses/by-sa/4.0>, via Wikimedia Commons) Americans seem to think that virtually every problem can be solved with a lawsuit. This certainly proved true when it came to assigning blame for…
National Security Creep in Cross-Border Investments
The U.S. Treasury Department. (NCinDC, https://flic.kr/p/56k4jR; CC BY-ND 2.0, https://creativecommons.org/licenses/by-nd/2.0/) Editor’s Note: This post also appears on Just Security. In the past year, the U.S. Committee on Foreign Investment in the United States (CFIUS) reviewed a record number […]Content was…
Policing With Less and Less Policing
Detroit police officers. (Elvert Barnes, https://flic.kr/p/UZcw5R; CC BY-SA 2.0, https://creativecommons.org/licenses/by-sa/2.0/) A review of Michelle Wilde Anderson, “The Fight to Save the Town: Reimagining Discarded America” (Simon & Schuster, 2022). *** What happens to already strapped communities when those with the…
Next Generation Leadership for Special Operations Forces
Special Operations Forces train together at exercise Night Hawk 21 (https://www.flickr.com/photos/nato/51610456510) Special operations forces (SOF) are at an inflection point. Operationally, they are rebalancing from an overwhelming focus on countering terrorist groups to a mix of that mission and others…
Bangsamoro Peace and the U.S.-Philippines Alliance
U.S. Secretary of State Antony Blinken meets with Philippine President Ferdinand Marcos Jr. in Manila on Aug. 6, 2022. Photo credit: State Department photo by Freddie Everett/Public Domain via Flickr. Editor’s Note: The United States has long worked with the…
The Chatter Podcast: Spying in the NFL with Kevin Bryant
You don’t have to look very far under the surface of the average game in the National Football League to find cloak-and-dagger machinations worthy of governmental intelligence agencies. During the past several decades, teams have used both myriad spying tactics…
State Constitutions as a Defense Against Election Subversion
NC State capital, Downtown Raleigh, NC (https://www.flickr.com/photos/bz3rk/13339698073) In a recent landmark decision, the North Carolina Supreme Court limited the power of an unconstitutionally gerrymandered legislature to initiate amendments to the state constitution. The case is a big deal for the…
Everything Wrong With Judge Cannon’s Ruling
U.S. Courthouse for the Southern District of Florida, and Federal Court of Appeals for the Eleventh Circuit, Miami, Florida. (https://commons.wikimedia.org/wiki/File:James_Lawrence_King_Federal_Justice_Building.jpg) The Justice Department has now filed a notice of appeal and a motion to partially stay U.S. District Judge Aileen…
The Lack of Content Moderation Transparency: The Cloudflare and Kiwi Farms Example
Hand against blue screen of numbers. (Source: Kai Stachowiak, CC0, via Wikimedia Commons) Cloudflare has withdrawn services from Kiwi Farms. That sentence probably doesn’t mean anything to most readers, so let’s unpack it. Cloudflare provides internet security services (protecting websites,…
Rethinking Responsible Disclosure for Cryptocurrency Security
Several cryptocurrency coins. (Source: QuoteInspector.com) The Biden administration has pointed, with alarm, to the national security implications of both cybersecurity and cryptocurrency. It’s just a matter of time before the government begins worrying about their intersection—cryptocurrency security. All of the…
Trump’s Fourth Amendment Claims and the Strategy Behind the Challenge to the Mar-a-Lago Search
Former President Trump in 2016. (Gage Skidmore, https://flic.kr/p/MJQCVD; CC BY-SA 2.0, https://creativecommons.org/licenses/by-sa/2.0/) Editor’s Note: An earlier, shorter version of this piece was originally posted on dorfonlaw.org. Following the FBI search of former President Trump’s Florida estate, most attention has focused…
The New Defense Department Plan to Curb Civilian Harm: A Bold Blueprint for Change
Secretary of Defense Lloyd J. Austin III addresses the media after visiting sailors assigned to USS Sentry (https://www.flickr.com/photos/secdef/51695254258) The new U.S. Department of Defense Civilian Harm Mitigation and Response Action Plan (CHMR-AP) is an audacious and comprehensive effort to enhance…
The Dry Run: The Ouster of a County Official as an “Insurrectionist” Creates Ominous Precedents for Trump
New Mexico, Otero County Commissioner Couy Griffin looks on as Marine One, carrying President Donald J. Trump, prepares to lift-off Thursday, Sept. 12, 2019, from the South Lawn of the White House. (https://www.flickr.com/photos/whitehouse45/48726982006) A judge today removed a county official…
The Dry Run: The Ouster of a County Official as an ‘Insurrectionist’ Creates Ominous Precedents for Trump
New Mexico, Otero County Commissioner Couy Griffin looks on as Marine One, carrying President Donald J. Trump, prepares to lift-off Thursday, Sept. 12, 2019, from the South Lawn of the White House. (https://www.flickr.com/photos/whitehouse45/48726982006) A judge today removed a county official…
Geography Lessons From the 9/11 Terrorist Network
Mohammed Atta, the lead al-Qaeda hijacker, passes through a security checkpoint at an airport in Portland, ME, on Sept. 11, 2001. Photo credit: U.S. District Court for the Eastern District of Virginia via Britannica. Editor’s Note: Mapping the travel geography of…
Smart Manufacturing: A Linchpin in China’s Industrial Policy
Electronics factory in Shenzhen (https://commons.wikimedia.org/wiki/File:Electronics_factory_in_Shenzhen.jpg) Industrial capacity is not synonymous with technological prowess. A country’s industrial base includes not just its cutting-edge technologies and actors, but also its foundational capabilities that make up the base of its economic prosperity and…
Demystifying the Financial Action Task Force
Currency from the U.S., U.K., and Europe. (Images Money, https://flic.kr/p/9VwVc2; CC BY 2.0, https://creativecommons.org/licenses/by/2.0/) A review of Julia Morse, “The Bankers’ Blacklist: Unofficial Market Enforcement and the Global Fight Against Illicit Financing” (Cornell University Press, 2021). *** Unprecedented economic sanctions.…
Platforms Are Testing Self-Regulation in New Zealand. It Needs a Lot of Work.
A user opens YouTube. (CC0, https://creativecommons.org/share-your-work/public-domain/cc0/). On July 25, New Zealand adopted a new industry-led mechanism designed to provide guidance for social media platforms to enhance safety and mitigate online harm: the Aotearoa New Zealand Code of Practice for Online…
Climate Justice and Loss and Damage in the Pakistan Flood Crisis
A family crosses the flooded streets of Pakistan. (https://www.flickr.com/photos/asiandevelopmentbank/8529842277) Science fiction author William Gibson is often credited with writing, “The future is already here. It’s just not evenly distributed yet.” For Pakistan and other nations in the Global South, a…
A Mar-a-Lago Showdown in Federal Court
Trump's Mar-a-Lago residence in Palm Beach, Florida. (Wally Gobetz, https://flic.kr/p/4wXpSa; CC BY-NC-ND 2.0, https://creativecommons.org/licenses/by-nc-nd/2.0/) It is 1:07 p.m. ET at the federal courthouse in Palm Beach, Florida, and it’s time for the first big courtroom showdown between former President Trump…
The Chatter Podcast: Leadership, Sports, and Intelligence Innovation with Sue Gordon, from the Chatter Archive
This week, we take our listeners back to November 18, 2021, when we were just starting Chatter, to bring back one of our very special episodes. David Priess’s guest that day was former Principal Deputy Director of National Intelligence (PDDNI)…
A Return to the Classification Status of Trump’s Mar-a-Lago Documents
Former President Trump steps off Air Force One in December 2020. (Trump White House Archived) In a late-night filing on Tuesday, the Justice Department issued its response to Trump’s Motion for Judicial Oversight and Additional Relief. As Attorney General Garland…
In Defense of the Global, Open Internet
Earth at night. (Photo by NASA; https://flic.kr/p/58JLdy) In the global race for internet governance, freedom is the West’s strategic advantage. And yet, a recent report from the Council on Foreign Relations (CFR) declares provocatively that “the era of the global…
A Justice Department Show of Force in the Mar-a-Lago Case
Attachment F from the Justice Department's Aug. 30 filing, showing documents seized during the FBI's search of Mar-a-Lago. (Department of Justice) The Justice Department’s filing Tuesday evening in former President Trump’s federal court effort to slow the Mar-a-Lago investigation presents…
A Lawfare Hacking and Cybersecurity Course
We are delighted to announce a first on Lawfare: A live online class on hacking and cybersecurity. The live-course will be open to Lawfare’s material supporters, and we will edit and post each recorded class session onto YouTube as videos…
The Justice Department Indicted Russian National Alexander Ionov. Why Now?
The Russian Federal Security Service building (Kopchiowski O.P., https://tinyurl.com/3bahmtr6; CC BY 2.5, https://creativecommons.org/licenses/by/2.5/deed.en). As shadowy political puppet-masters go, Alexander Ionov is no Machiavelli. A self-proclaimed lawyer, businessman, human rights activist, and—according to U.S. prosecutors—asset of Russia’s Federal Security Service, or…
The Costs of Social Inequality for Military Effectiveness
President.az, CC BY 4.0 <https://creativecommons.org/licenses/by/4.0>, via Wikimedia Commons Readers who, like me, are still catching up on great books published during the pandemic will find that Jason Lyall’s “Divided Armies” is as relevant as it was in 2020 and particularly…
‘Cyclops Blink’ Shows Why the SEC’s Proposed Cybersecurity Disclosure Rule Could Undermine the Nation’s Cybersecurity
The Securities and Exchange Commission Headquarters Building in Washington, D.C. (Securities and Exchange Commission, https://flic.kr/p/aqCcJm; CC BY-NC-SA 2.0, https://creativecommons.org/licenses/by-nc-sa/2.0/) On March 9, the Securities and Exchange Commission (SEC) proposed a new rule intended to enhance and standardize disclosure requirements for…
On Emails, PowerPoints, Sovereign Immunity, and Testimony From Governor Kemp
Brian Kemp takes the oath of office to become the Governor of Georgia in 2019. (Georgia National Guard, https://www.flickr.com/photos/ganatlguard/32873161328) Editor’s note: On Aug. 29, Judge Robert McBurney issued an order denying the motion by Georgia Governor Brian Kemp to quash…