Recent Articles
The Early Edition: February 22, 2018
Signup to receive the Early Edition in your inbox here. Before the start of business, Just Security provides a curated summary of up-to-the-minute developments at home and abroad.…
Episode 60 of the National Security Podcast: TL;DL – This Is Why We Can’t Have Nice Things
An over-long episode with a short title to reflect a very busy–and somewhat bizarre–eight day stretch in the wide world of national security law. This week, your hosts Professor…
Microsoft, Ireland, and the Rest of the World
United States v. Microsoft will be practically significant for its effect on law enforcement’s ability to access data stored abroad, and it has the potential to be doctrinally…
The Microsoft Design Decisions That Caused this Mess
I need not spend much space on the merits of United States v. Microsoft, the case about the extraterritoriality of email search warrants that the Supreme Court will decide this…
The Pardon Boomerang: Why Trump Associates May Need to Decline Any Offer of a Pardon
With the idea of presidential pardons resurfacing, there’s a reason that option may simply not work for the President. Trump associates would face a significant risk that their…
The Early Edition: February 21, 2018
Signup to receive the Early Edition in your inbox here. Before the start of business, Just Security provides a curated summary of up-to-the-minute developments at home and abroad.…
Microsoft (Ireland) and the Federal Rules of Criminal Procedure
Microsoft (Ireland) raises a difficult policy question about when and how U.S. law enforcement may access cross-border data. Unfortunately, the Supreme Court is seemingly set to…
“Extraterritorial” Is Not a Bad Word, Even on the Internet
In the world of Internet policy, it is a slur to call something an assertion of extraterritorial jurisdiction. Coverage of, for example, Canada’s recent ruling against Google…
A Way Forward on Section 702 Queries
Five suggestions for improving accountability, transparency and understanding.
The Yemen Crisis and the Law: The Saudi-Led Campaign and U.S. Involvement
Easily overlooked amidst the news cycle of the Trump era, the war between the Saudi Arabia-led coalition and an alliance of local factions in Yemen continues apace. The conflict…
The “Shift Cold” Military Tactic: Finding Room Under International Law
It should surprise no one that evolving military practice raises novel legal questions. It may surprise many that the increasing use of “shift cold” techniques by advanced…
The “Shift Cold” Military Tactic and International Humanitarian Law
New technology allows for new military tactics in urban warfare. Legal questions have been raised about a military practice--called "shift cold"--in which an operator redirects…