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Tag Archive: Guest Post

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 »

The “Travel Ban” Executive Order as Separation-of-Powers Test Case

The White House’s March 6 executive order “Protecting the Nation From Foreign Terrorist Entry Into The United States” (the March EO or the new EO) is a telling blend of change from and continuity with its January 27 precursor. Its changes signal the (current) strength of traditional institutional resistance from courts and bureaucrats to an insurgent, populist presidency.…   continue »

It Ain’t Easy Getting a FISA Warrant: I Was an FBI Agent and Should Know

 

In his latest round of twiplash, President Trump on Saturday leveled a very serious accusation: that President Obama had personally ordered the “tapping” of telephone lines in Trump Tower in the months leading up to the November 2016 election. His tweets (scarily) reveal more about what he believes the office of the President is capable of than the reality of what the law allows.…   continue »