The Week That Was

The Week That Was: All of Lawfare in One Post

By Garrett Hinck
Saturday, October 21, 2017, 7:27 AM

A district court judge in Hawaii blocked the Trump administration’s latest travel ban on Tuesday. Emma Kohse summarized the temporary restraining order. Peter Margulies argued the court was right to restrain the ban as a probable violation of the Immigration and Nationality Act.

Following President Trump announcement that he would decertify Iran’s compliance with the nuclear deal, Elena Chachko analyzed the limited scope of the actual action items from Trump’s Iran strategy proclamation.

Benjamin Wittes posted the “Decertified” edition of Rational Security:

Responding to the national conversation about right wing violence following the Las Vegas shooting, Daniel Byman discussed whether we should apply the label of terrorism to such violence. In a follow-up, Byman explored how fighting domestic terrorism might parallel the struggle against international terrorist organizations.

Susan Hennessey and Benjamin Wittes shared their column from Lawfare’s Foreign Policy feed, in which they argued for a “clean” reauthorization of FISA Section 702. Peter Swire and Richard Clarke disagreed, arguing that Congress should reform 702 to bring it in line with Fourth Amendment principles.

Michael Bahar, David Cook, Varun Shingari and Curtis Arnold outlined how the Supreme Court’s ruling in Carpenter v. U.S. and Congress’s decision on Section 702 reauthorization could affect the future of third party doctrine. Vanessa Sauter posted the transcript of FBI Director Christopher Wray’s remarks about Section 702 at the Heritage Foundation last week.

Matt Tait argued that Deputy Attorney General Rod Rosenstein’s speech about the “Going Dark” debate over-simplified the policy debates on encryption.

On Monday, the Supreme Court granted cert. in Microsoft v. U.S. Andrew Keane Woods summarized the key issues to watch as the justices debate U.S. government access to communications data stored abroad.

Robert Chesney and Steve Vladeck posted the National Security Law Podcast:

Sauter shared a bonus edition of the Lawfare Podcast, featuring a debate between Benjamin Wittes and Steve Vladeck about the unnamed American enemy combatant detainee:

Robert Chesney listed questions that senators should ask about the unnamed detainee at the upcoming hearing on the AUMF. On Friday, the U.S. District Court in Washington, D.C. ordered the Department of Justice to show cause why the ACLU should not get access to the detainee. Matthew Kahn posted the order. 

Matthew Kahn flagged a statement from the chief prosecutor of the military commissions covering updates in the 9/11 case.

Michael Paradis explained the collapse of Al-Nashiri’s civilian defense team and its implications for the military commissions cases more broadly.

Sarah Grant summarized Guantanamo detainee Moath Hamza Al-Alwi’s appeal of his habeas petition to the D.C. Circuit Court of Appeals.

Anthony Bellia and Bradford Clark argued that Justice Neil Gorsuch correctly interpreted the meaning of the Alien Tort Statute during arguments for Jesner v. Arab Bank.

Megan Reiss outlined why a recent New York Times story about North Korean cyber operations missed the mark.

Robert Chesney examined the draft NDAA’s provisions on cyber warfare strategy.

Elsa Kania analyzed foreign policy choices related to developing advanced artificial intelligence systems.

Hayley Evans summarized the U.K.’s new doctrine on the use of unmanned aerial vehicles.

Stewart Baker shared this week's edition of the Cyberlaw Podcast, featuring a discussion with Shane Harris on reports linking Kaspersky to Russian espionage:

Paul Rosenzweig posted details from a report on vulnerabilities in WPA-2, a Wi-Fi security protocol. Nicholas Weaver argued that the WPA-2 flaw should not be concerning to average people.

Baker shared a second episode of the Cyberlaw Podcast featuring an interview with Marten Mickos, CEO of a bug bounty company:

Evelyn Douek discussed the U.K.’s new strategy for regulating online content and its implications for private sector internet operations.

Garrett Hinck  posted the European Commission’s report on the U.S.’s implementation of the EU-U.S. Privacy Shield.

Merritt Baer and Chinmayi Sharma outlined the different cybersecurity standards that a federal judge could apply to the Equifax breach suits.

Lee Hamilton and Thomas Kean argued that the Senate should clarify its oversight authority over the Department of Homeland Security by passing an authorization bill for the department.

Matthew Kahn posted Lawfare’s internship announcement for Spring 2018.

Thomas Kellogg examined the Chinese government’s campaign to undermine U.N. human rights institutions on Lawfare’s Foreign Policy feed.

In advance of Attorney General Jeff Sessions’ testimony before the Senate Judiciary Committee on Wednesday, Matthew Miller listed ten questions senators should ask him. Vanessa Sauter posted the video of the hearing.

Dana Stuster updated the Middle East ticker, covering developments in Kurdistan, Trump’s Iran deal decertification announcement, and the Islamic State group’s defeat in Raqqa.

Daniel Byman discussed how the Islamic State will respond to the fall of Raqqa.

Vanessa Sauter shared the Lawfare Podcast, featuring an interview with Shadi Hamid and William McCants on their new book, Rethinking Political Islam:

Eliot Kim posted Water Wars, covering the U.S.’s latest freedom of navigation operation and Britain’s revisions to its naval operation policies.

In this week's Foreign Policy Essay, Katerina Papatheodorou argued that the U.S. should implement better online efforts at countering violent extremism by learning from guerilla marketing techniques.

Michael J. Glennon reviewed Oona A. Hathaway and Scott J. Shapiro’s new book, The Internationalists.

And that was the week that was.