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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…
Just Security

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…
Just Security

Recap of Recent Pieces on Just Security (Oct. 28-Nov. 3)

Cybersecurity and Cyber Conflict Robert S. Taylor, Cyber, Sovereignty, and North Korea–And the Risk of Inaction Michelle Richardson and Mike Godwin, What the White House Needs…
The NSA building and parking lots lit up at night.

What the White House Needs to Disclose about its Process for Revealing Cybersecurity Vulnerabilities

At a series of events earlier in October, White House Cybersecurity Coordinator Rob Joyce announced that he is preparing to release more information about the Vulnerabilities Equities…
A North Korean national flag on a tall metal structure waving high above all other buildings in Gijungdong as seen from an observation post on September 28, 2017 in Panmunjom, South Korea.

Cyber, Sovereignty, and North Korea–And the Risk of Inaction

Americans, and people throughout the world, are becoming increasingly aware that there are significant vulnerabilities in the Internet, and that there are malicious actors who…

Would the United States Be Responsible for Private Hacking?

Rep. Tom Graves (R-GA) and Rep. Kyrsten Sinema (D-AZ) introduced the Active Cyber Defense Certainty Act (H.R. 4036) in the House of Representatives on Oct. 13. The bill would amend…
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