Congress
683 Articles
The US-China Cyber Agreement: What’s In and What’s Out
This post is the latest installment of our “Monday Reflections” feature, in which a different Just Security editor examines the big stories from the previous week or looks…
There’s Still Room for Mischief After Iran Deal Vote
It became clear this week that opponents of the Iran nuclear agreement will not have the votes in Congress necessary to retract the President’s sanctions waiver authority by…
Is al-Qaeda v Islamic State the Right Question?
Which terrorist group is a bigger threat to the United States, al-Qaeda or the Islamic State (IS)? It almost sounds like the sort of question you’d put to a child comparing movie…
Judge Lamberth decides Warafi
As Jen noted, Judge Lamberth today denied Mukhtar Yahia Naji al Warafi’s renewed habeas petition challenging his continued military detention at Guantánamo. As I have previously explained,…
Legislative Cyber Threats: CISA’s Not The Only One
If anyone in the United States Senate had any doubts that the proposed Cyber Information Sharing Act (CISA) was universally hated by a range of civil society groups, a literal…
OPM, CISA, and the Cybersecurity Oxymoron
In Congress, bad policy ideas are like vampires: They are very hard to kill because they’re always somehow coming back from the dead. Such is the case with this year’s iteration…
Sloppy Cyber Threat Sharing Is Surveillance by Another Name
This post is the latest installment of our “Monday Reflections” feature, in which a different Just Security editor examines the big stories from the previous week or looks…
The FISC’s Newest Opinion: Proof of the Need for an Amicus
In the first public opinion of the Foreign Intelligence Surveillance Court (FISC) since the USA Freedom Act became law, Judge F. Dennis Saylor IV ruled that the law revived the…
The OPM Hack and the New DOD Law of War Manual
Last Friday was a big day in cybersecurity news. OPM announced that, in addition to the compromise of the personnel information of federal employees revealed on June 4, Chinese…
A Sweeping Victory for the McCain-Feinstein Anti-Torture Measure
The anti-torture measure that David talks about here passed the Senate by an overwhelming majority today of 78-21. Not that this should be a surprise. After all, as David wrote,…
Thoughts on Zivotofsky, Part Six: Why the majority’s surprising decision on executive exclusivity is unpersuasive
As I noted in my previous post, although it was unnecessary to the Court’s holding, the proposition that Zivotofsky will now stand for—in briefs, in articles, and in constitutional…
Thoughts on Zivotofsky, Part Five: Why did the majority choose to decide whether the President’s “recognition” power is exclusive?
“Congress may not enact a law that directly contradicts” the President’s “formal recognition determination.” That’s the constitutional proposition in Justice Kennedy’s…