Apple v. FBI is over, for now. But with exceptional access to data back in the headlines, we have a question for Apple in its role as an employer.
Bobby Chesney is the Charles I. Francis Professor in Law at the University of Texas School of Law, as well as a non-resident Senior Fellow of the Brookings Institution. His scholarship encompasses a wide range of issues relating to national security and the law, including detention, targeting, prosecution, covert action, and the state secrets privilege; most of it is posted here.
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Last Wednesday, the Intelligence Studies Project at the University of Texas-Austin hosted a conference on “Intelligence in American Society”. The conference focused on the supervision and oversight of U.S. intelligence activities. The luncheon keynote speaker was Lisa Monaco, Assistant to the President for Homeland Security and Counterterrorism. Morning and afternoon discussions involved current and former officials involved in intelligence oversight by all three branches of government, the media, and non-governmental organizations.
Could both of the magistrate judge rulings in the dueling Apple-FBI disputes in Brooklyn and San Bernardino to date be wrong? We believe that the answer is "yes," and explain why the best reading of the All Writs Act compels that counterintuitive result.
A quick update on a story we've been tracking this week, involving the second publicly-known instance of U.S.-administered military detention of an ISIS member. As noted here, a raid conducted by the Expeditionary Targeting Force last month netted an ISIS member involved with chemical weapons, and fruits from the U.S.-administered interrogation of that detainee appear to have informed some airstrikes on chem-related facilities this week.
It appears that Iraqi officials have leaked the identity of the ISIS leader recently captured in a raid conducted in Iraq by the Expeditionary Targeting Force (that's the label the Pentagon has used in discussing a mini-SOF surge focused on kill/capture missions targeting key ISIS figures).
These days, when the United States plays the lead role in using lethal force or detaining and interrogating prisoners, the force typically involves only airpower and detention-and-interrogation typically are just transient. This has the effect of tamping down the political, legal, and diplomatic headaches that follow from using boots-on-the-ground to conduct raids and from holding detainees for the long term. But these are not the only means by which to tamp down those frictions.
Airstrikes Outside Areas of Active Hostilities: Attacks in Somalia and Questions About the Current Shape of the Policy
Just this morning, I was thinking that things have been rather quiet with respect to media coverage of U.S. operations against AQ and AQ affiliates in places like Pakistan, Yemen, and Somalia. Well...