Surveillance
Not Especially "Edgy" and Not a "Secret New Power"
David Kris Tue, Nov 10, 2015, 10:27 AM
The foreign-to-foreign communications exemption to FISA is not especially "edgy" and not especially "secret."
Latest in Charlie Savage
Power Wars
My Review of Charlie Savage's Book, Power Wars
Matthew Waxman Sat, Nov 7, 2015, 12:02 PM
Earlier this week, Time magazine published reviews of Charlie Savage's new book, Power Wars, by me and former Obama White House Counsel Bob Bauer.
National Security Agency
Understanding the Deeper History of FISA and 702: Charlie Savage's Power Wars on Fiber Optic Cables and Transit Authority
Robert Chesney Tue, Nov 3, 2015, 3:10 PM
NSA surveillance activity sometimes labeled "transit authority" is a very useful case study of the way in which legal and policy questions may be impacted by technological change.
Hoover Book Soiree
Invitation to the Hoover Book Soiree: Charlie Savage on "Power Wars: Inside Obama's Post-9/11 Presidency"
Jack Goldsmith, Benjamin Wittes Mon, Nov 2, 2015, 10:10 AM
The second in a series of our book soirees at the Hoover Institution's Washington Office will take place next Tuesday, November 10th.
Podcasts
The Lawfare Podcast: Joby Warrick and William McCants at the Hoover Book Soiree
Benjamin Wittes Sat, Oct 24, 2015, 2:12 PM
I was delighted to participate the other day in the first of a new monthly series of Hoover Institution book soirees.
Secrecy: FOIA
SDNY Grants Partial Summary Judgment in NYT/DOJ FOIA Suit Related to CIA Interrogation Program
David Ryan Fri, Oct 2, 2015, 5:18 PM
On Wednesday, SDNY Judge J. Paul Oetken ruled on the New York Times’ and DOJ’s cross-motions for summary judgment in a FOIA suit seeking documents related to federal prosecutor John Durham’s 2008 to 2012 investigation of the CIA’s detainee interrogation program.
Media Criticism
A Reply to Charlie Savage—And His Reply to Me
Benjamin Wittes Fri, Jun 12, 2015, 4:07 PM
Charlie Savage of the New York Times reponded last week to my critique of his NSA cybersecurity surveillance article. I think he's kidding himself about how phrases like "warrantless surveillance" come off to a reasonable reader and that his article was more suggestive than he admits about Americans' being in the surveillance cross-hairs. Here's my response—complete with his thoughts at the end.
The Cyberlaw Podcast
Steptoe Cyberlaw Podcast, Episode #70: An Interview with Dan Kaminsky
Stewart Baker Wed, Jun 10, 2015, 3:00 PM
Our guest for Episode 70 of the Cyberlaw Podcast is Dan Kaminsky, a famous cybersecurity researcher who found and helped fix a DNS security flaw. Dan is now the Chief Scientist at WhiteOps, but I got to know him in an unlikely-bedfellows campaign against SOPA because of its impact on DNS security.
Surveillance
What the Latest Snowden Documents Actually Say
Jane Chong Mon, Jun 8, 2015, 9:30 PM
A kerfuffle broke out at Lawfare between Benjamin Wittes and Charlie Savage of the New York Times over the significance of the new tranche of Snowden-procured documents released last week. So what do the documents actually say? Read on for a brief walk-through.
Media Criticism
Charlie Savage Responds to My Critique
Benjamin Wittes Fri, Jun 5, 2015, 4:16 PM
Charlie Savage of the New York Times writes in response to my post this morning critiquing