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    September 11 And The History Of Lawfare

    When we launched Lawfare eleven years and ten days ago, we pledged to devote what we then called the “blog” to “that nebulous zone in which actions taken or contemplated to protect the nation interact with the nation's laws and legal institutions.” It was two years into the Obama administration, and our main focus at the time was on the legal and policy issues that had continued to arise in response to the attacks of September 11, 2001.

    September 11, 2021 by Jack Goldsmith, Robert Chesney, Benjamin Wittes via Lawfare
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    Adapting To The Cyber Domain: Comparing US And UK Institutional, Legal, And Policy Innovations

    This article explores the origins and evolution of the institutional, policy, and legal frameworks that define the defensive and offensive aspects of UK and US cyber strategies. There is a strong degree of convergence, particularly from a defense perspective, but there are also important variations, especially in the degree to which the countries’ most capable operators—the National Security Agency and the Government Communications Headquarters—are integrated into non-intelligence activities.

    May 25, 2021 by Robert Chesney via Aegis Paper Series
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    The Domestic Legal Framework For U.S. Military Cyber Operations

    Conventional wisdom holds that Congress has abandoned its duty regarding the government’s war powers. It is not hard to understand why. Between the agelessness and flexibility of the 2001 and 2002 Authorizations for Use of Military Force (AUMFs) and periodic unilateral uses of military force in Libya, Syria, and Iraq, the executive branch appears to act largely at its own discretion when it comes to conventional military operations.

    August 5, 2020 by Robert Chesney via Lawfare
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    The Domestic Legal Framework for US Military Cyber Operations

    With little fanfare, Congress and the executive branch have cooperated effectively over the past decade to build a legal architecture for military cyber operations. The resulting framework is not a familiar one to most observers, especially when compared to the parallel frameworks associated with conventional military operations and with intelligence activities. Yet it is no less important and worthy of study, particularly in light of the Pentagon’s commitment to the “defend forward” operational model.

    July 29, 2020 by Robert Chesney via Aegis Paper Series
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    Updating The 2001 AUMF At Long Last? On The Flake-Kaine Bill

    It is past time for Congress to update the 2001 Authorization for the Use of Military Force (AUMF), explicitly authorizing the armed conflict with the Islamic State while also adding further important reforms to that foundational instrument. The bill that Senators Flake (R-AZ) and Kaine (D-VA) introduced this week would serve that purpose well.

    May 29, 2017 by Robert Chesney, Jack Goldsmith, Matthew Waxman, Benjamin Wittes via Lawfare
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    Quick Question For Apple HR

    In the “going dark” discussion, it is a kind of orthodoxy that back doors are inherently insecure. Build in a means of someone other than the user accessing his data and you create unacceptable risk that someone will exploit that means; you also make the code unacceptably complicated and increase the attack surface for hackers to play with.

    April 15, 2016 by Robert Chesney, Susan Hennessey, Benjamin Wittes via Lawfare
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    Welcome To The New Lawfare

    It is a great pleasure to welcome readers to Lawfare’s new web site. 

    June 7, 2015 by Robert Chesney, Jack Goldsmith, Benjamin Wittes via Lawfare
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    Lawfare Podcast Episode #54: Inside NSA, Part III—Wherein We Talk to Lonny Anderson, Chief of NSA’s Technology Directorate

    It’s Day 3 of “Inside NSA: We Brought in a Recording Device So You Don’t Have To”—our special series of podcast interviews with senior NSA officials. In today’s episode, we talk with Lonny Anderson, the agency’s director of information technology and he

    December 18, 2013 by Benjamin Wittes, Robert Chesney via Lawfare
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    A Tale of Two NSA Leaks: One is unsurprising, and damaging. The other is worth debating.

    Former NSA contractor Edwards Snowden sure does know how to change the subject. Only a few days ago, everyone was talking about the excesses of leak investigations. But now, as a result of his set of disclosures to the Guardian and The Washington Post, we’re back on the surveillance state—and the dangers of the leaks themselves.

    June 10, 2013 by Benjamin Wittes, Robert Chesney via New Republic
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    Is the "War on Terror" Lawful?

    February 25, 2013 by Robert Chesney, Jack Goldsmith, Matthew Waxman, Benjamin Wittes via Defining Ideas (Hoover Institution)
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    A Statutory Framework for Next-Generation Terrorist Threats

    Since September 18, 2001, a joint resolution of Congress known as the Authorization to Use Military Force (AUMF) has served as the primary legal foundation for the "war on terror." In this essay we explain why the AUMF is increasingly obsolete, why the nation will probably need a new legal foundation for next-generation terrorist threats, what the options are for this new legal foundation, and which option we think is best.

    February 25, 2013 by Robert Chesney, Jack Goldsmith, Matthew Waxman, Benjamin Wittes via Analysis
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    Is the "War on Terror" Lawful?

    The "Authorization to Use Military Force" serves as the primary legal foundation for the ongoing conflict, but it is now obsolete. What should replace it?

    February 24, 2013 by Robert Chesney, Jack Goldsmith, Matthew Waxman, Benjamin Wittes via Defining Ideas
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