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“Risk Informed, But Not Risk Averse”: the National Security Strategy Approach to Cyber Ops

The Trump administration’s National Security Strategy (NSS) is replete with references to cyber operations and their impact on national security. It states that, “America’s…

WannaCry and the International Law of Cyberspace

Immediately following this May’s “WannaCry” ransomware cyber-attacks, the United Kingdom’s National Cyber Security Centre (NCSC) speculated that the hacker group “Lazarus”—believed…

Episode 50 of the National Security Law Podcast: The Big Chill

Are your other podcasts letting you down by taking a holiday break?  Never fear, National Security Law Podcast is here! With two hosts who would much rather be podcasting than…

Three Questions on the WannaCry Attribution to North Korea

President Donald Trump speaks alongside Secretary of State Rex Tillerson during a cabinet meeting at the White House on November 20, 2017, at which Trump officially designated…

The Supreme Court Should Heed Friendly Advice on Microsoft Ireland

President Trump meets with Apple CEO Tim Cook, Microsoft CEO Satya Nadella, and Amazon CEO Jeff Bezos in the State Dining Room of the White House June 19, 2017 in Washington, DC.…

Why Microsoft Challenged the Right Law: A Response to Orin Kerr

This coming spring, the Supreme Court will hear arguments in the United States v. Microsoft – a case that will determine the authority of U.S. law enforcement to compel, via…
Donald Trump Jr. in an elevator at Trump Tower on January 18, 2017 in New York City.

Former Prosecutor Renato Mariotti’s Tweet Threads on National Security (Dec. 1-8)

Here is an exposition and analysis of some of this week’s national security-related threads authored by Just Security Editorial Board member and former federal prosecutor Renato…
Erik Prince, chairman of the Prince Group, LLC and Blackwater USA, holds up a picture showing the damage inflicted by a car bomb while testifying during a House Oversight and Government Reform Committee hearing on Capitol Hill October 2, 2007 in Washington DC.

Thoughts on Erik Prince’s Proposal to Privatize Intelligence Gathering

This week we learned, via the Intercept, of Erik Prince’s proposal to provide the Trump Administration with a private intelligence outfit.  According to the Intercept, “The…
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Episode 47 of the National Security Law Podcast: Donuts and Depth Charges

And…we’re back! Fresh off of Thanksgiving, Professor Chesney and I are (all too) fired up to discuss the latest national security law news (not to mention a bunch of stuff…

Hacking Back in Black: Legal and Policy Concerns with the Updated Active Cyber Defense Certainty Act

For years now, there has been a discussion surrounding the feasibility of active cyber defense, and allowing private entities or individuals to “hack back” against hostile…
Committee Chairman Rep. Bob Goodlatte (R-VA) and ranking member Rep. John Conyers (D-MI) participate in a markup hearing before the House Judiciary Committee March 29, 2017 on Capitol Hill in Washington, DC.

The USA Liberty Act — aka Don’t Let the Constitutional be the Enemy of the Unconstitutional

The House Judiciary Committee has completed its markup of a major surveillance reform bill intended to better protect Americans’ privacy and enhance transparency. Responding…

The Lethal Autonomous Weapons Governmental Meeting (Part I: Coping with Rapid Technological Change)

This week nations meet at the United Nations to discuss lethal autonomous weapon systems (LAWS), including robotic weapons that might hunt for targets on their own. It has been…
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