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Social Media Companies and Material Support
Over the past several months, there has been increasing focus on terrorist use of social media. In the immediate aftermath of the execution of reporter James Foley by ISIL in July,…

Gideon’s Army at Guantanamo
Despite enormous logistical and legal hurdles, defense attorneys for high value detainees at the Guantanamo Bay, Cuba, military prison, say they press on for the judgment of history,…

An Obligation to Prevent Rebel Groups from Committing Atrocities
It’s no secret that several nations (including the United States) are arming or otherwise supporting rebel groups in Syria, and that Russia is doing the same in eastern Ukraine.…

My Agenda as New UN Special Rapporteur for Freedom of Expression
This past June, the UN Human Rights Council appointed me special rapporteur on the protection and promotion of the right to freedom of opinion and expression, effective August…

The Blackwater Trial: Part 2 – Two Legal Issues
In the first part of this summary, we introduced the individuals in Blackwater’s Raven 23 team and set out their contrasting arguments about what took place at Nisour Square…

The Blackwater Trial: Part 1 – Two Factual Issues
Earlier this week, a jury in Washington D.C. convicted four Blackwater guards for a shooting at Nisour Square, Baghdad. The sniper Nicholas Slatten was convicted of premeditated…

The Canadian Terrorist Attacks and Canadian Counter-Terrorism Law
Canada has been rocked by a series of home grown and apparently lone wolf terrorist attacks in the last few days. The attacks have left two brave members of the Canadian Forces…

Samantar v. Yousuf: What Happens Next?
As Beth Van Schaack reported last week, the Supreme Court has called for the views of the Solicitor General in Samantar v. Yousuf, a case raising questions about the immunity of…

Apple, Boyd, and Going Dark
Apple’s recent announcement that it will encrypt its newest iPhones is again pushing to the fore the question of whether the law should be updated to require companies to have…

One More Thing on Goldsmith & Waxman
There is not much to add to my colleague Shalev Roisman’s response to Jack Goldsmith and Matthew Waxman’s essay in The New Republic arguing that it is President Obama, and…

Security “Front Doors” vs. “Back Doors”: A Distinction Without a Difference
Thursday, FBI Director James Comey delivered a talk at the Brookings Institution, titled “Going Dark: Are Technology, Privacy, and Public Safety on a Collision Course?” His…

Rejecting the Bush Comparison: A Response to Goldsmith & Waxman
Jack Goldsmith and Matthew Waxman have written an interesting essay on President Obama’s war powers legacy, boldly titled “Obama, not Bush, is the Master of Unilateral War.”…