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Posts by Paul Rosenzweig

Paul Rosenzweig is the founder of Red Branch Consulting PLLC, a homeland security consulting company and a Senior Advisor to The Chertoff Group. Mr. Rosenzweig formerly served as Deputy Assistant Secretary for Policy in the Department of Homeland Security. He is a Distinguished Visiting Fellow at the Homeland Security Studies and Analysis Institute. He also serves as a Professorial Lecturer in Law at George Washington University, a Senior Editor of the Journal of National Security Law & Policy, and as a Visiting Fellow at The Heritage Foundation.

Huawei at Fed Ex Field

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Monday, November 24, 2014 at 3:16 PM

So … Huawei has announced that it will sponsor the Wi-Fi at Fed Ex field for the Suite level.  Any one out there worried, in the least, that Huawei might tap the communications there?  Given how “movers and shakers” all use the Suite level, the richness of the target environment is insanely large.  And how . . .
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A Charlie Brown Congress

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Monday, November 24, 2014 at 9:12 AM

Sometimes metaphors are subtle … but sometimes they just slap you in the face.  So it has been the past two days as my wife and I went walking on Capitol Hill.  As we did we saw the Congressional Christmas tree being planted in all its splendor. Except it wasn’t that splendid.  It reminded us . . .
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Executive Discretion and Immigration Law

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Friday, November 21, 2014 at 12:32 PM

Earlier this week Ben posted his own thoughts on the President’s exercise of prosecutorial discretion in the enforcement of our immigration laws.  Now, we have the DOJ OLC opinion justifying the President’s actions, and a preliminary response from Gabriel Malor.  I am sure that much ink will be spilled regarding the topic in coming days . . .
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Congressional Action on ICANN Accountability

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Wednesday, November 19, 2014 at 11:51 AM

As readers of this blog know, the United States is in the midst of a transition that will, when completed, give up its contractual control of the Internet Assigned Numbers Authority (IANA).  That authority is currently conducted by the Internet Corporation for Assigned Names and Numbers (ICANN) under contract to the Department of Commerce.  Current . . .
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The .IR, .KP and .SY Domains Are “Safe”

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Friday, November 14, 2014 at 1:21 PM

A couple of months ago, I noted an interesting law suit brought by several victims of terrorist attacks. They had secured default money judgments against Iran, North Korea and Syria for those country’s alleged complicity in supporting terror and their own resulting injuries. Sadly, for the victims, none of these countries had assets subject to . . .
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Privacy as a Utilitarian Value

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Wednesday, November 12, 2014 at 9:30 AM

The Privacy and Civil Liberties Oversight Board is is an advisory body to assist the President and other senior Executive branch officials in ensuring that concerns with respect to privacy and civil liberties are appropriately considered in the implementation of all laws, regulations, and executive branch policies related to war against terrorism.    On November 12th . . .
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More on Pass Phrases and Fingerprints …. Gestures

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Saturday, November 8, 2014 at 9:36 AM

Yesterday I posted a short blog on an interesting VA decision regarding the application the Fifth Amendment privilege to the question of unlocking cell phones and other devices.  The short summary is that the court held that compelling disclosure of a pass phrase or code was protected and could not be compelled, but that the . . .
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Bits and Bytes

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Friday, November 7, 2014 at 2:15 PM

The Russians are Coming.  A trojan horse malware program has deeply penetrated US critical infrastructure and the Russians are probably behind it. The Crypto-Libertarians are Not Coming.  More than 400 Dark Web sites, including the infamous Silk Road 2.0 have been taken down in a joint US-EU law enforcement operation.  Some of the sites operated . . .
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Pass Phrases Protected; Fingerprints Not — Curiouser and Curiouser

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Friday, November 7, 2014 at 8:58 AM

One of the most engaging contemporary debates is about the efficacy and utility of encryption as a means of protecting privacy. I’ve written, in the past, about how encryption works and about the growing body of Fifth Amendment law protecting users against compelled disclosure of their passphrases. The developing doctrine and technology is sufficiently alarming . . .
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Axiom — A Chinese APT

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Tuesday, October 28, 2014 at 4:39 PM

And just to prove that we are equal-opportunity victims, I also saw, today, this report from Novetta on “Operation SMN” – a report on a Chinese APT dubbed Axiom.  Here’s a bit of the Executive Summary: Axiom is responsible for directing highly sophisticated cyber espionage operations against numerous Fortune 500 companies, journalists, environmental groups, pro-democracy . . .
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Russian APT28

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Tuesday, October 28, 2014 at 11:58 AM

We tend to focus our attention on Chinese APT cyber threats for good reason — they tend to be more overt and focus on American business interests.  But we should not lose sight of the fact that Russian cyber skills are just as good (perhaps even better) than Chinese ones. And now, FireEye has reminded . . .
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Bits and Bytes

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Monday, October 27, 2014 at 5:02 PM

Two cyber related items today: The FCC is now in the cybersecurity business.  It’s $10M fine is the first of its kind to be levied against a telecom that, allegedly, stored personal information with inadequate firewalls, encryption and password protection.  We now face the exciting prospect of regulatory competition — the FCC will regulate cybersecurity . . .
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Border Security Today

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Friday, October 10, 2014 at 1:55 PM

DHS Secretary Jeh Johnson gave a very useful speech earlier this week at the Center for Strategic and International Studies.  Entitled “Border Security in the 21st Century,” it provides a detailed overview of how our effort to secure the border (most notably, of course, the southwestern border) has matured in this century.  The entire text . . .
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The Law and Policy of Ebola Interdiction

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Thursday, October 9, 2014 at 7:00 AM

A few days ago President Obama announced his intention to do greater screening of passengers arriving in the United States, as a way of interdicting the spread of the Ebola virus. According to the Washington Post, the new procedures will include “entry” screening – that is screening upon arrival in the United States – layered . . .
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China’s Cyber War on the Protesters

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Monday, October 6, 2014 at 8:30 AM

As Benjamin Bissell noted a few days ago, Hong Kong protestors have developed some interesting ways of trying to avoid Chinese repression, including the use of an app, FireChat, that allows them to communicate without using the internet at all.  But, as you might expect, China was not likely to stand idly by.  Consider this . . .
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New Tech and National Security Law — 3D Printing Redux

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Sunday, October 5, 2014 at 2:52 PM

Just as Ben seems taken with Drone technology, I’ve become a fan of 3D Printing (otherwise known as Additive Manufacturing) and its national security implications.    And it’s becoming a bit of a “thing” here in Washington DC as the 2nd Annual Additive Manufacturing for Government conference later this year will attest.  But the real attraction . . .
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Whistleblowers, Leaks and the Media: The First Amendment and National Security

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Thursday, October 2, 2014 at 12:06 PM

Permit me a small amount of self-promotion, with apologies.  But ABA Publishing has, today, released a new book, Whistleblowers, Leaks and the Media: The First Amendment and National Security, of which I am a co-editor.  The book is a joint project of the American Bar Association Standing Committee on Law and National Security, and the . . .
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Neustar? What’s a Neustar?

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Monday, September 29, 2014 at 4:16 PM

Today’s New York Times opened with an above-the-fold story entitled “Spy Agencies Urge Caution on Phone Deal.”  The Wall Street Journal had a similar report, about “Security Concerns Arise with Phone Database Contract.”  The gravamen of both articles was the potential national security implications of a relatively obscure decision to consider transferring a phone switching . . .
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The Encryption Wars Continue

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Saturday, September 20, 2014 at 12:31 PM

For quite a while it has been the case that properly implemented encryption will defeat efforts to crack it (at least using current technology). Yet it has been the case for an equally long time that very few people actually use encryption to protect their vital secrets – not journalists, not criminals, and most assuredly . . .
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The FBI’s Facial Recognition Program

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Thursday, September 18, 2014 at 8:30 AM

Earlier this week, the FBI announced the completion of its “next generation” facial recognition program.  The system, now “fully operational” will house more than 52 million faces, which (assuming no duplication) is roughly 1 in 6 Americans.  The system is said to be only moderately effective — it will typically return 50 possible matches for . . .
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