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Tag Archive: Guest Post

Russian Money and Trump’s Legal Defense

Piece by piece, we continue to learn about Russia’s assault on the 2016 election: cyberattacks on voting systems in 39 states; troll farms that pushed divisive political messages to millions of viewers on social media; and likely involvement in the leaking of information to influence the outcome of the election, potentially including the information shared directly with Donald Trump Jr.…   continue »

How the Trump Administration Deals With Detainees Can Provide Insight Into its Counterterrorism Priorities

U.S. Army Military Police escort a detainee to his cell Jan. 11, 2002 in Camp X-Ray at Naval Base Guantanamo Bay, Cuba.

What is the US going to do with the “enemy combatants” it picks up during counterterrorism operations?  How will we strike the difficult balance between protecting national security and the rights of individuals?…   continue »

Congress is Facing Decisions on Torture, and Needs to Treat Them As Such

On October 17, the Senate Intelligence Committee held a hearing on Christopher Sharpley’s nomination to become the next CIA inspector general. He has been the agency’s acting IG since early 2015. Much of the hearing focused on the ways in which Sharpley (mis)handled the “torture report”—the committee’s 6,700-page oversight study of the CIA’s former detention and interrogation program.…   continue »

Modernizing ECPA: We need Congressional action despite DOJ’s new gag order guidelines

On October 24, the Justice Department announced new binding guidance designed to limit the routine use of non-disclosure orders that are used to prevent tech companies from notifying their customers about legal process issued under the Stored Communications Act, like search warrants, that they receive for  information in customer accounts.…   continue »

What the White House Needs to Disclose about its Process for Revealing Cybersecurity Vulnerabilities

The U.S. National Security Agency

At a series of events earlier in October, White House Cybersecurity Coordinator Rob Joyce announced that he is preparing to release more information about the Vulnerabilities Equities Process (VEP). 

As we’ve discussed before, the VEP is a complicated yet important process that determines whether the government will notify a digital-technology company about a cybersecurity flaw in its product or service, or choose not to disclose the flaw and use it for later hacking or intelligence-gathering purposes.  continue »

The Original Meaning of the Alien Tort Statute

At oral argument in Jesner v. Arab Bank, Supreme Court Justice Neil Gorsuch raised a theory about the about the original meaning of the Alien Tort Statute (ATS), a provision of the First Judiciary Act of 1789 that gave the district courts cognizance “of all causes where an alien sues for a tort only in violation of the law of nations or a treaty of the United States.” Relying on the work of Professors Anthony Bellia and Bradford Clark, Justice Gorsuch suggested that the ATS was originally intended to grant jurisdiction only when the defendant was a U.S.…   continue »