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What the Kunduz Report Gets Right (and Wrong)
Over the past week, many thoughtful posts have appeared, here and elsewhere, reacting to the US military’s report on the 2015 airstrike of a Médicins Sans Frontières (MSF)…
Are US Courts Going Dark?
Now that the cell phones in San Bernardino and Brooklyn have been unlocked (no thanks to Apple), FBI warnings about “going dark” in the face of advancing digital encryption…
A Small, If Uncertain, Step Towards Accountability: De Sousa and the Abu Omar Abduction
Portuguese courts continue to clear the path for the extradition of former CIA agent Sabrina De Sousa to Italy. In 2009, Italy convicted De Sousa and 22 other US officials (all…
Obama Shouldn’t Wait for Congress to Ensure He Leaves Behind a Clearly Defined War
Against the backdrop of a collapsing ceasefire in Syria, President Obama announced last week that he approved the deployment of an additional 250 special operations troops to Syria,…
Revelations From the Newly Declassified FISC Opinion on Section 702
Last week, the Office of the Director of National Intelligence (ODNI) declassified several Foreign Intelligence Surveillance Court (FISC) opinions from 2015. One opinion from November…
Yes, Russia’s Antics in the Baltic Sea Violate “International Rules”
Recently, Russian aircraft ‘buzzed’ a US Navy ship and ‘barrel rolled’ over a US Air Force plane above the Baltic Sea. The fallout cast a distracting pall over last week’s…
Would JASTA Violate International Law?
Writing in The New York Times last Friday, Curt Bradley and Jack Goldsmith argued that the Justice Against State Sponsors of Terrorism Act (JASTA) would “violate a core principle…
We Need to Know More About the US’s Role in Yemen
A crowd quickly gathered when I arrived last month in what remained of the market in Mastaba, a small highway town in northern Yemen. A week earlier, on March 15, warplanes from…
The FBI’s Warrantless Surveillance Back Door Just Opened a Little Wider
On Tuesday, the Office of the Director of National Intelligence (ODNI) released a redacted version of an opinion by Judge Thomas F. Hogan of the Foreign Intelligence Surveillance…
The International Discussion Continues: 2016 CCW Experts Meeting on Lethal Autonomous Weapons
Last week, States Parties to the Convention on Certain Conventional Weapons (CCW), the international treaty banning or restricting the use of land mines, blinding lasers, and other…
Here’s What the Burr-Feinstein Anti-Crypto Bill Gets Wrong
The latest Crypto War is being fought on multiple fronts: behind closed doors, in the courts, and now in Congress. On April 13, Sens. Richard Burr (R-NC) and Dianne Feinstein (D-Calif.),…
The Obama Administration Has Embraced Legal Theories Even Broader Than John Yoo’s
The Justice Department recently released another of the now-notorious Office of Legal Counsel memos written by John Yoo — memos that authorized torture, warrantless wiretapping,…