The Week That Was

The Week That Was: All of Lawfare in One Post

By Alex R. McQuade
Saturday, February 6, 2016, 10:29 AM

Jonathan Zittrain gave us some good and some troubling news: we are not going dark.

Susan Landau reflected on the new report “Don’t Panic” and stated that we have a strong reason for national policy to favor ubiquitous use of encryption.

Bruce Schneier added to the security versus surveillance battle.

Ben, meanwhile, shared his “out-of-the-box” way to address the “going dark” problem. Nicholas Weaver responded to Ben’s “out-of-the-box” idea and argued that “a backdoor mandate by another name is still a backdoor mandate.” Carrie Cordero questioned whether there really is a national security-law enforcement divide on “going dark.” Susan highlighted Apple’s going dark doublespeak and said that “going dark” is really two separate debates.

Paul Rosenzweig rounded up a couple of stories about drones and surveillance—just for you.

Cody shared the EU Commission press release on a new EU-US privacy shield that would replace the Safe Harbor agreement.

Cameron Kerry and Christopher Eiswerth provided a comparison on legal orders for privacy and data protection in the United States and the European Union.

Stewart Baker debuted the latest edition of the Steptoe Cyberlaw Podcast featuring Amit Ashkenazi.

In Sunday’s Foreign Policy Essay, Thomas Juneau outlined Canada’s policy to confront the Islamic State.

Steve Slick and Robert Chesney featured Phil Nichols’ piece, Measuring the Effectiveness of Counterterrorism Strategies: Leadership Decapitation vs. Mid-Tier Degradation, in the newest Intelligence Studies Essay.

Andrew Keane Woods commented on the United States’ tendency for creating, incubating, and training future enemies.

Susan questioned whether the Department of Justice was rethinking material support laws and domestic terrorism.

Amira Mikhail commented on the Egyptian government’s tireless efforts to get through 330 laws in just two weeks.

Laura Dean issued "Dispatch#4: Don’t Forget the Men" of her series, "Syria Displaced."

Ammar Abdulhamid commented on refugees and “economic migrants” who are entering the European Union. He argued that the search for hope and safety was not just for refugees and migrants, but also for all of humanity.

Aaron Zelin released the latest Jihadology Podcast which outlined al Qaeda’s franchising strategy.

Cody shared a judge’s denial of Abu Khattala’s request to be returned to Libya and be spared of the death penalty.

Ben commented on Marco Rubio’s Guantanamo fantasy and said that no president will bring new detainees to GTMO because it's both hard to use and hard to close.

Julian Ku weighed in on the latest U.S. freedom of navigation operation and why it may have already succeeded.

The Lawfare team shared the latest edition of Water Wars, highlighting the newest freedom of navigation operation by the United States in the South China Sea.

Cody shared the latest edition of the Lawfare Podcast highlighting Justice Stephen Breyer’s visit to Brookings last week. Justice Breyer discussed his new book, The Court and the World: American Law and the New Global Realities.

Ben planned the next Triple Entente Beer Summit for Thursday, February 18th! Come join us for a good time and better drinks.

Cody flagged General John Campbell’s testimony before the House Armed Service Committee.

Jack Goldsmith and Ben announced the next Hoover Book Soire. Jack will interview Orde Kittrie on his new book, Lawfare: Law as a Weapon of War.

Jack flagged the latest issue of the Harvard National Security Journal that may be of interest to Lawfare readers.

Paul gave us some notes on the data on Visa overstays.

Ben issued the latest edition Rational Security, the “Deck Chairs on the Titanic” Edition.

Alex Loomis provided a summary brief on Simon v. Republic of Hungary, a case concerning the Foreign Sovereign Immunity Act.

And finally, Elina Saxena watched the 5th Democratic Debate so you didn’t have to. She outlined topics relevant to Lawfare readers here.

Also, Paul posted a video of an eagle taking down a drone because why not?

And that was the week that was.