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The Encryption Debate: All Quiet on the Western Front?
The US war on encryption has quieted down recently. The San Bernardino and Brooklyn court cases concerning encrypted iPhones both ended this spring not with a bang, but with a…
The Updated First Geneva Convention Commentary, DOD’s Law of War Manual, and a More Perfect Law of War, Part I
It is difficult to overstate the importance of the 1949 Geneva Conventions. Nearly synonymous with the law of war itself, the universally ratified 1949 Conventions are not merely…
Medical Complicity in CIA Torture, Then and Now
The US government released a series of documents about the CIA torture program on June 14 and 15, in response to Freedom of Information Act lawsuits by the ACLU and Vice News.…
Looking Back on the Pentagon Papers Decision
In a hallway of The New York Times offices, there is a framed copy of the Telex traffic between the Justice Department and The Times from June 1971 when the government demanded…
The Upcoming Release of Obama’s Targeted Killing Policy and Casualty Numbers
The Obama administration says it plans to release a redacted version of the policy standards and procedures that govern its “use of force in counterterrorism operations outside…
Seven Myths Busted: FBI Surveillance and the NSL Expansion Vote in the Senate
Yesterday, the Senate failed to pass a motion to end debate and move to a final vote on a highly controversial amendment related to Internet records, which New America’s Open…
The UK’s EU Referendum: Personal Cards on the Table
Tomorrow, the UK will vote over whether to remain in or leave the European Union. It is a decision that, either way, will not be easily reversible in the lifetime of those who…
The Obama Legal Team and the Lawfulness of Attacking Assad
Editor’s note: This post also appears on Charlie Savage’s blog Power Wars and Lawfare. Several prominent law professors who were formerly members of the Obama national security…
“Material Support” and Targeting
Ken Watkin’s thoughtful piece last week — Reflections on Targeting: Looking in the Mirror — addressed the debate on the targeting of war-sustaining economic enterprises as…
Reflections on Targeting: Looking in the Mirror
Questions about targeting the “money” of the self-styled Islamic State (IS) have been raised in this forum. Images of missile strikes on financial warehouses and money floating…
Will “Cyber Bonds” Mitigate Transnational Cyberspace Threats?
Last week, Nathan Bruschi introduced the new concept of “cyber bonds,” which seeks to deter governments from engaging in harmful transnational cyberspace activities by hurting…
JASTA and Reciprocity
In April, Curt Bradley and Jack Goldsmith wrote in The New York Times that the Justice Against State Sponsors of Terrorism Act (JASTA) then under consideration in the Senate —…