The Week That Was

The Week That Was: All of Lawfare In One Post

By Alex R. McQuade
Saturday, April 30, 2016, 10:34 AM

Let's start with encryption.

Matt Tait provided an approach to FBI Director James Comey’s technical challenge in the “going dark” debate.

Benjamin Wittes compared encryption to a living will and said that if and when someone murders him, he wants his iPhone accessible to his family and to law enforcement.

Nicholas Weaver responded to Ben’s post and said that he already has his encrypted living will.

Susan Landau offered the best and only way to secure us and prevent law enforcement from “going dark.”

Paul Rosenzweig said it looks like he will win his wager on the Apple vulnerability disclosure question.

In other news, Stewart Baker debuted the newest edition of the Steptoe Cyberlaw Podcast featuring the ICCE panel on encryption and national security.

Benjamin Wittes issued the latest episode of Rational Security, the “Cyber Bombs” edition.

Paul Rosenzweig told us that the Electronic Communications Privacy Act reform passed the House of Representatives unanimously.

He also highlighted a case study on Delta Electroniks and cyber attribution.

Cody Poplin linked to the Office of the Director of National Intelligence’s General Counsel Robert Litt’s essay in the Yale Law Journal entitled “The Fourth Amendment in the Information Age.”

In Sunday’s Foreign Policy Essay, Dave Blair considered drones as an analytical category for security policy.

Emma Buchsbaum looked at section 702 of the FISA Amendments Act as Congress prepares for the reauthorization debate on the law.

Chris Inglis and Jeff Kosseff provided a defense of FAA Section 702 and examined its justification, operational employment, and legal underpinnings.

Paul Rosenzweig commented on security and the phone system redux.

Cody Poplin released the latest Lawfare Podcast featuring Benjamin Wittes and Cliff Kupchan’s discussion on the future of U.S.-Russia relations and the Russian intervention in Syria.

Ammar Abdulhamid analyzed what the failure of the Geneva talks means in regards to the Syrian civil war.

Laura Dean released the latest installment of her series Syria Displaced, chronicling child marriage and divorce in Zaatari.

Herb Lin argued that the U.S. should take advantage of the North Korean offer regarding weapons testing.

Yishai Schwartz outlined the implications for separation of powers in the Bank Markazi v. Peterson case.

Jack Goldsmith and Amira Mikhail questioned if the Iran Deal requires the United States government to seek preemption of state sanctions.

Sarah Yerkes questioned whether the latest blunder by Egypt’s President Sissi be is a nail in his own coffin.

Julian Ku asked whether the United States has a legal obligation to defend the Scarborough Shoal for the Philippines.

Chris Mirasola wrote this week’s edition of Water Wars, highlighting the looming arbitration decision that is testing regional partnerships.

Benjamin Wittes flagged some possible action in long-dormant Guantanamo litigation.

And finally, Ben also provided an update on his e-Residency in Estonia, wherein he imagined how the Estonian digital ID card could be useful.

And that was the week that was.