Recent Articles

Why the CLOUD Act is Good for Privacy and Human Rights
Above: Lawyer Joshua Rosenkranz and Brad Smith, President and Chief Legal Officer of Microsoft, speak to reporters following oral arguments in the U.S. v. Microsoft case at the…

The End of Pretending
Above: President Donald Trump speaks at CIA headquarters. Editors’ note: this article has been updated to reflect the newly-reported fact that Gina Haspel was not in charge…

More Trouble for Undocumented Immigrants and the Suspension Clause
Back in August 2016, I wrote a lengthy post about the Third Circuit’s decision in Castro v. Department of Homeland Security, which held that recently-arrived undocumented…

The Personnel Crisis Awaiting the Next Secretary of State
Although the personnel change was rumored for months, it was still stunning when President Donald Trump fired Secretary of State Rex Tillerson on Tuesday morning via Twitter, and…

When Does the Legal Basis for U.S. Forces in Syria Expire?
The State Department announced earlier this year that the “full and complete defeat of ISIS” is a necessary condition for ending U.S. military operations in Syria. But Senators…

The Early Edition: March 14, 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.…

Four Common Sense Fixes to the CLOUD Act that its Sponsors Should Support
Congress is quietly but intensively debating the CLOUD Act, a bill which would have a serious impact on privacy rights, and it may be attached to an omnibus spending bill this…

Salisbury Response Option: Take Putin to Int’l Criminal Court
What legal options are open to the United Kingdom in its response to the alleged Russian assassination attempt in Salisbury? A separate piece at Just Security will discuss whether…

New Bill That Would Give Foreign Governments a Fast Track to Access Data
Increasingly, foreign governments have complained that the MLAT process in the U.S. is slow and that it allows the U.S. Government as a gatekeeper of electronic data. The CLOUD…

The Early Edition: March 13, 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.…

Just Security Podcast: Daphne Eviatar on Military Targeting under Trump
The sharp uptick in civilian casualties from U.S. military operations across the world under President Trump has alarmed human rights lawyers, who say the legal standards for targeting…

Episode 63 of the National Security Law Podcast: Mueller Is the Only Vulcan in the Room
Out on spring break but still listening to the podcast? We love it! Actually, Professor Chesney and I are out on spring break too, but before we left town, we sat down to record…