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Tag Archive: Guest Post

Don’t Be So Quick to Call Those Disclosures “Legal”

Following multiple reports that President Trump disclosed highly classified information to Russian officials at a private meeting, various legal experts have asserted that Trump broke no laws. An impressively thorough blog post on Lawfare noted that “the very purpose of the classification system is to protect information the President, usually through his subordinates, thinks sensitive.…   continue »

Never Waste A Good Crisis, FBI Edition

President Trump’s decision to summarily dismiss now-former FBI Director James Comey has sparked grave concerns in many quarters.  The move has been described as a profoundly dangerous example of the President’s authoritarian instincts.  It has led to warnings of a potential constitutional crisis, speculation whether the president is guilty of obstruction of justice, and skepticism that the President’s proffered reasons for the termination actually underlie his decision.  continue »

Canary in the Coal Mine: Trump Administration Undermines a Global Anti-Corruption Initiative

Those nervously watching to see whether the United States will uphold its existing international commitments to protect human rights and address corruption have had their eyes trained on the positions typically in charge in this arena: U.S. Ambassador to the UN Nikki Haley, Secretary of State Rex Tillerson, and President Donald Trump himself (or, at least, his twitter account).…   continue »

The International Legal Environment for Nuclear Deterrence

Russian spy ships stationed off the U.S. coast, provocative overflights of U.S. warships, and deployments of U.S. tanks in Central Europe are no longer artifacts of the Cold War, they are troubling features of the current international security environment. Whether and to what extent recurrence of these incidents will resurrect Cold War political and military strategies is for now unclear.…   continue »

Incidental Collection Is Extremely Troubling, Regardless of Legality

A lot of ink has been spilled over statements by House Intelligence Committee Chairman Nunes that President Trump’s communications were incidentally collected pursuant to a surveillance order under the Foreign Intelligence Surveillance Act (FISA). This has a lot of Americans scratching their heads and asking what incidental collection is, so now seemed like a good time to explain.…   continue »

Encryption Backdoors, Vault 7, and the Jurassic Park Rule of Internet Security

Surely without a hint of irony, just a day after WikiLeaks dumped a vault-load of documents detailing the Central Intelligence Agency’s use of hacking tools and software exploits, FBI Director James Comey told an audience at a Boston College conference on cybersecurity that “[t]here is no such thing as absolute privacy in America.” Comey’s elevator pitch in support of his claim was that “there is no place outside of judicial reach,” citing the fact that even time-tested testimonial privileges of the spousal, clergy–penitent, and attorney–client sort can be pierced by judges in “appropriate” circumstances.…   continue »