First Amendment
Tornado Cash Is Not Free Speech. It’s a Golem
Henry Farrell, Bruce Schneier Thu, Oct 13, 2022, 8:16 AM
Tornado Cash is a deathless artificial being, animated by magical words to circumvent the law.
Latest in Department of Treasury
Committee on Foreign Investment (CFIUS)
National Security Creep in Cross-Border Investments
Kristen Eichensehr, Cathy Hwang Tue, Sep 13, 2022, 8:01 AM
There has been a recent bipartisan shift to frame economic issues—among many others—in security terms.
Afghanistan
Establishing a Humanitarian Financial Corridor for Afghanistan
Alex Zerden Mon, Nov 15, 2021, 9:17 AM
Responsibly privatizing Afghan central bank functions could help alleviate a cascading economic and humanitarian catastrophe.
Cyber & Technology
Ransomware Payments and the Law
Alvaro Marañon, Benjamin Wittes Wed, Aug 11, 2021, 3:52 PM
Ransomware amounts to an ongoing tax by foreign gangs on U.S. governments and industry. If U.S. companies are going to pay extortionate taxes to foreign non-state entities, they should at least have to file a tax return.
Sanctions
How to Fix America’s Failing Sanctions Policy
Edward Fishman Thu, Jun 4, 2020, 9:21 AM
The United States needs a theory of sanctions, based on honest reflection and study of how economic pressure can and can’t induce the types of behavioral changes that policymakers aim for.
Committee on Foreign Investment (CFIUS)
Treasury Proposes New Rules on CFIUS’s Jurisdiction: Opening the Black Box
Patrick McDonnell Tue, Oct 8, 2019, 9:12 AM
On Sept. 24, the Federal Register published two proposed rules from the U.S. Treasury Department governing the implementation of provisions from the Foreign Investment Risk Review Modernization Act of 2018 (FIRRMA).
Treasury Department
OLC Opinion on Treasury's Refusal to Provide Trump Tax Returns
Mikhaila Fogel Fri, Jun 14, 2019, 4:55 PM
The Justice Department's Office of Legal Counsel (OLC) has released an opinion supporting the Treasury Department's refusal to comply with a congressional request for President Trump's tax returns. The OLC opinion can be read here and below.
Department of Treasury
Document: Treasury Secretary Denies Congressional Request for Trump Tax Returns
Mikhaila Fogel Mon, May 6, 2019, 6:15 PM
Secretary of the Treasury Steve Mnuchin has sent a letter to the House Ways and Means Committee denying that committee access to President Trump's tax returns. The letter is available here and below.
Executive Power
The National Emergency Under Executive Order 13224 Moves into Year 16
Zac Copeland Thu, Nov 3, 2016, 11:00 AM
It may not feel like it, but the United States is well into the sixteenth year of two national emergencies. President Bush declared the first emergency on September 14, 2001, in the immediate aftermath of the 9/11 terrorist attacks. This proclamation triggered statutory provisions that gave the President broad authority to increase the size and scope of the military, apportion certain defense funds as he saw fit, and recall retired military forces to active duty.
Terrorism
The Case for Delisting the PKK as a Foreign Terrorist Organization
David Phillips, Kelly Berkell Thu, Feb 11, 2016, 8:00 AM
Removing the Kurdistan Workers’ Party (PKK) from the State Department’s list of Foreign Terrorist Organizations (FTOs) would create conditions for greater security cooperation between the United States and the PKK in the fight against the Islamic State in Iraq and Syria (ISIS). In exchange for delisting, the PKK could be required to reiterate its rejection of ISIS, pledge to further support the campaign to degrade and destroy the terror group, and officially renounce violence aimed at achieving political objectives.