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Category Archives: Lawfare Research Paper Series

Jonah Force Hill: The Growth of Data Localization Post-Snowden (Lawfare Research Paper Series)

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Monday, July 21, 2014 at 9:14 PM

Ever since the Edward Snowden revelations began, countries outraged by U.S. intelligence practices have been batting around the idea of forcing countries to store data on their citizens within those countries’ borders. So-called data-localization laws have been discussed in Brazil and Germany and elsewhere, and they very much frighten U.S. technology companies, who worry that . . .
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Russell Wheeler: The Changing Composition of the Foreign Intelligence Surveillance Court and What If Anything To Do About It (Lawfare Research Paper Series)

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Wednesday, June 4, 2014 at 4:11 PM

The question of the composition of the FISA Court—politically, demographically, and in terms of professional background—has arisen periodically throughout the last year. It has given rise to news coverage, recommendations by the president’s review group, legislative proposals, and defensiveness on the part of the judiciary. I asked my longtime Brookings colleague Russell Wheeler, an expert . . .
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Joel Brenner: “Mr. Wemmick’s Condition; Or, Privacy as a Disposition, Complete with Skeptical Observations Regarding Various Regulatory Enthusiasms” (Lawfare Research Paper Series)

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Thursday, January 2, 2014 at 12:23 PM

The War on Law Reviews continues on many fronts: land, sea, air, and particularly in the cyber domain, where today I am pleased to offer the next paper in the Lawfare Research Paper Series: Joel Brenner’s “Mr. Wemmick’s Condition; Or, Privacy as a Disposition, Complete with Skeptical Observations Regarding Various Regulatory Enthusiasms.” Brenner is already well known to . . .
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Shane Harris on Heritage and Lawfare

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Thursday, October 17, 2013 at 10:03 AM

I really don’t know what to say about this piece that Shane Harris posted last night at Foreign Policy, so I’m largely going to let it speak for itself: Ever since ex-senator and Tea Party kingmaker Jim DeMint took over the Heritage Foundation earlier this year, mainstream Republicans have been fretting that he’d turn the prominent conservative think . . .
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David Kris: “On the Bulk Collection of Tangible Things” (Lawfare Research Paper Series)

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Sunday, September 29, 2013 at 1:26 PM

My fellow Americans, we have achieved a major victory in the War on Law Reviews. I’m thrilled to announce the next paper in Lawfare Research Paper Series: David Kris’s “On the Bulk Collection of Tangible Things.” Kris needs no introduction to Lawfare readers. In addition to being the general counsel of Intellectual Ventures, he is . . .
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Steven G. Bradbury on “Understanding the NSA Programs” (Lawfare Research Paper Series)

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Friday, August 30, 2013 at 5:44 PM

I’m pleased to announce that the third installment of the Lawfare Research Paper Series is now available. By Steven. G. Bradbury, former head of the Justice Department’s Office of Legal Counsel and now a partner at Dechert LLP, the article is entitled, “Understanding the NSA Programs: Bulk Acquisition of Telephone Metadata Under Section 215 and Foreign-Targeted . . .
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A Declaration of War Against the Law Review: Announcing the Lawfare Research Paper Series 2.0

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Friday, August 30, 2013 at 5:43 PM

I am hereby declaring war on the law review. Yes, I know, students need law review service to get the good clerkships and jobs. And yes, I know, academics need law review publications for their tenure files. I don’t care. Because let’s face it: The law review form is a bit soul-crushing and it’s generally . . .
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An Addendum from Nathan Myhrvold on Cyber

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Saturday, July 6, 2013 at 12:14 PM

Nathan Myhrvold writes in with the following addendum to his paper, “Strategic Terrorism: A Call to Action,” which we published the other day: In the days since Ben posted my paper, I’ve been asked a fair bit why my treatment of strategic terrorism does not mention cyber terrorism, or other forms of cyber-attack. It’s a . . .
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Nathan Myhrvold on “Strategic Terrorism: A Call to Action” (Lawfare Research Paper Series)

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Wednesday, July 3, 2013 at 12:31 PM

A few weeks ago, I found myself at dinner in Seattle with a man named Nathan Myhrvold. Myhrvold, for readers who have never heard of him, is the founder and CEO of a company called Intellectual Ventures. He used to be the chief technology officer at Microsoft, and he’s legendary as a polymathic mind—his serious . . .
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Understanding ‘The Loop’: Autonomy, System Decision-Making, and the Next Generation of War Machines (Lawfare Research Paper Series)

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Sunday, May 6, 2012 at 4:45 PM

Announcing the inaugural paper of the Lawfare Research Paper Series William C. Marra & Sonia K. McNeil, Understanding “The Loop”: Autonomy, System Decision-Making, and the Next Generation of War Machines, Lawfare Research Paper Series 1-2012 (May 1, 2012), available here at Lawfare and here at SSRN. Abstract: This paper responds to persistent confusion in public discussion . . .
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Announcing the Lawfare Research Paper Series

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Sunday, May 6, 2012 at 1:47 PM

Lawfare is pleased to announce that it is beginning publication of occasional papers, under title of the Lawfare Research Paper Series.  Papers published in this series are ones that the Lawfare editors regard as particularly valuable and important, and will appear on an occasional basis as the editors come across them.  We are not accepting . . .
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