The NSA Controversies: A Guide for the Perplexed
October 04, 2013

Three separate items that may be of value, if you’re one of those people who is trying to figure out what to make of the whole NSA-Snowden-FISA mess.

Would Abandoning the War Model of Counterterrorism Make a Difference from a Legal Perspective?
October 04, 2013

There is no doubt that one of the most controversial and significant ideas of the post-9/11 period has been the claim that the U.S is in a state of armed conflict with al Qaeda.

Bad Code: Should Software Makers Pay? (Part 1)
October 03, 2013

The joke goes that only two industries refer to their customers as “users.” But here's the real punch line: Drug users and software users are about equally likely to recover damages for whatever harms those wares cause them.

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