Law

Ohio's Lessons: State Governments and Facial Recognition
October 02, 2013

With all the attention these days on NSA activities, it’s easy to forget that much surveillance in the United States takes place at the state and local level, and it is also regulated by state and local law. Much of the really high tech stuff is centralized in the federal government’s hands, but debate about at least one new technology—facial recognition—is going on in some places at the state level, and that’s a good thing.

A “S.E.A.-Change” in Military Contingency Planning
October 01, 2013

Is America at risk from a counter-strike by Syria if it launched a military attack against Syria's chemical weapons? Yes – but not in the traditional way. A Syrian response would likely be of a different, asymmetric cyber form. And that’s a whole new way of thinking about war and contingencies.

For the past several weeks American leaders have been considering a military strike in Syria (a possibility that seems to have faded in recent days). Lurking behind the controversy and debate about whether that sort of strike would be good policy is a problem that must be driving military planners to distraction – America is no longer immune. Any decision to launch missiles at Syrian chemical weapons targets must incorporate an answer to the question – what will Syria do in response?

Welcome to Security States
October 01, 2013

Welcome to Security States, a joint project of the New Republic and Lawfare designed to create a high-quality news and analysis source on the many difficult subjects where law, war, conflict, digital technologies, surveillance, liberty, and security

A Newly Released Secret Opinion Shows Surveillance Courts Are Even Worse Than You Knew
September 25, 2013

Last week, with little fanfare, the Foreign Intelligence Surveillance Court (FISA) released a previously secret opinion upholding the National Security Agency’s mass surveillance of telephone metadata.

Here's What Makes Language of Any Syria Bill So Complicated
September 03, 2013

Politico reports that a revised Syria AUMF is being drafted in the Senate:Some of the options being considered for the revised Authorization for the Use of Military Force include a 60-day period for Obama to launch “narrow, limited” strikes against A

Eric Holder's Suit Against Texas Gives the Supreme Court a Chance to Gut Even More of the Voting Rights Act
September 01, 2013

The Supreme Court has played whack-a-mole with the Voting Rights Act: Strike down one part of the law, encourage people to use another part of it, then strike that part down. The Texas lawsuit gives them another whack. 

President Obama Should Heed What Senator Obama Said About Authorizing Military Action
August 28, 2013

I have a pretty broad view of presidential power to use military force abroad without congressional authorization.

A Stone-Faced Bradley Manning Gets 35 Years
August 21, 2013

This morning, Bradley Manning, the Army private who leaked more than 700,000 classified government documents to WikiLeaks, was sentenced by a military judge to 35 years in prison.

The Crisis at Washington's Ultimate Power Firm
Patton, Boggs and the End of Big Law
August 09, 2013

When I wrote last month about the loud wheezing noises coming from the world of Big Law—that is, the 200 or so biggest, most profitable law firms in the country—the industry’s staunchest defenders protested that I had the story all wrong: Big Law may

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