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The Significance of the Supreme Court’s Opati Decision for States and Companies Sued for Terrorism in U.S. Courts
On Monday, the Supreme Court issued its decision in Opati v. Republic of Sudan opening the door to victims of the 1998 U.S. embassy bombings in Nairobi and Dar es Salaam to pursue…
The Importance of New Statements on Sovereignty in Cyberspace by Austria, the Czech Republic and United States
With now five States openly supporting the sovereignty-as-a-rule position, the U.K. and United States (or at least the U.S. Department of Defense) find themselves in the minority,…
The Perils of Hyping Pandemic Response as a National Security Issue
Two former NSC officials challenge colleagues who argue that U.S. national security policy places too much emphasis on counter-terrorism and not enough on climate change and infectious…
Top Experts Analyze Inspector General Report Finding Problems in FBI Surveillance
Expert takes on the Department of Justice Inspector General Michael Horowitz's recent report on FBI procedures for obtaining secret warrants under the Foreign Intelligence Surveillance…
What Counts As Sufficient Transparency on Civilian Casualties in Somalia
Former National Security Council and Defense Department official writes about upcoming civilian casualties report from AFRICOM, and what will still be missing.
WhatsApp v. NSO Group: State Immunity and Cyber Spying
WhatsApp claims NSO implanted spyware on phones of human rights activists, lawyers, and religious figures. NSO says it can't be sued if it did so on behalf of (undisclosed) foreign…
Deepfakes 2.0: The New Era of “Truth Decay”
The first generation (Deepfakes 1.0) was largely used for entertainment purposes. The next generation (Deepfakes 2.0) is far more convincing and readily available.
Lawsuit Against Fox News Over Coronavirus Coverage: Can It Succeed? Should It?
There are reasons to be wary of lawsuits as a tactic for controlling the information that media outlets disseminate, even if it is to punish Fox News.
Don’t Bother Suing China for Coronavirus
"Simply put, any scholar or practitioner with working knowledge of the law of foreign sovereign immunity would have taken one look at the headlines about these lawsuits (as I did)…
COVID-19 Shows How the U.S. Got National Security Wrong
Today's pandemic has revealed that our national security priorities have been completely wrong. It is past time to rethink what national security should mean.
A Chance to Fix FISA
"When Congress does finally take up the issue again, this most recent compromise bill will be the baseline for further improvements—and improvements are sorely needed."
The Defense Department’s Measured Take on International Law in Cyberspace
A close reading of the Defense Department's statement on cyber by top expert, comparing it to positions of Australia, France, Netherlands, United Kingdom and others.