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681 Articles
The World Doesn’t Need a “Snowden Treaty”
How to best protect privacy in cyberspace is a very difficult question. So is what role the law (domestic and international) should play in ensuring a proper balance between privacy…
Lawful Hacking After the Encryption Debate
The Obama administration has apparently decided not to support exceptional access proposals that would provide law enforcement with the means to access data on iPhones and other…
The Obama Administration’s Misguided Opposition to Tariq Ba Odah’s Request for Judicial Relief
On October 15, a federal district court in Washington, DC, will hear argument in Ba Odah v. Obama, a habeas challenge by a Guantánamo detainee whose prolonged hunger strike has…
Mass Surveillance and the Right to Privacy: Adding Nuance to the Schrems Case
Last week’s post by Megan Graham is certainly a welcome contribution in explaining the implications of the Max Schrems case by the European Union Court of Justice, and specifically…
Too Much Posturing and Not Enough Substance on Encryption
Obama administration officials revealed late last week that will not force technology firms to weaken digital encryption to give government greater access to user data. This is…
Toward a History of Clean and Endless War
It is idle — but interesting — to speculate on what future historians will say about our own time. True: We can never know, and would probably find ourselves shocked by what…
Rest Easy Professeurs de Trahison, You Are Not Targetable Under LOAC
William C. Bradford’s article Trahison des Professeurs: The Critical Law of Armed Conflict Academy as an Islamic Fifth Column, published last summer in George Mason Law School’s…
A Proposal to Improve Foreign Law Enforcement Access to US-Held Data
In my last post, I reviewed a number of proposals to reform the Electronic Communications Privacy Act (ECPA). These proposals are aimed at delimiting law enforcement access to…
A Short (Yet Still Forlorn) Reply in the Taliban Sources Project Debate
It appears from the reply of Shaheed Fatima to my earlier post that the UK’s counterterrorism legislation is engendering ever deeper difficulties in gauging its meaning and impacts.…
UK’s Legal Rationale for Drone Strikes Differs Fundamentally From US Rationale
Much of the public commentary concerning the UK’s targeted strike in Syria against a British national who had joined ISIS (along with other individuals with him at the time)…
The Complexities of Women, Peace, Security and Countering Violent Extremism
In a recent post, Fionnuala Ní Aoláin analyzes the UN Security Council Counter-Terrorism Committee’s (CTC) first-ever open briefing on the role of women in countering terrorism…
The Arab Awakening, Civil Society, and the Choice Between Two Ways of Governing
Several weeks ago, I met with Prime Minister Essid and other members of Tunisia’s government and parliament to discuss reforms and the serious economic and security challenges…