Does CBP have the legal authority to seize merchandise of forced Uyghur labor

Customs and Border Protection and the Department of Homeland Security are asserting that CBP will seize goods in order to enforce the 2021 Uyghur Forced Labor Prevention Act, though it does not appear to have the authority to do so. | Continue reading


@lawfareblog.com | 1 year ago

Don’t Assume China’s AI Regulations Are Just a Power Play

Commentators have framed new regulations on AI systems in China as part of an effort to micromanage algorithms. But this fails to address other possible rationales—and glosses over constraints inherent in regulating emerging technologies. | Continue reading


@lawfareblog.com | 1 year ago

Cyberwar in Ukraine: What You See Is Not What’s There

Cyberwarfare during the Russian invasion of Ukraine has not played out as some expected—but it has an impact with some important long-term implications. | Continue reading


@lawfareblog.com | 1 year ago

What’s in the Unsealed Mar-a-Lago Search Warrant?

Here’s what the now public warrant can tell us so far about the property seized and potential crimes being investigated. | Continue reading


@lawfareblog.com | 1 year ago

Open-Source Security: How Digital Infrastructure Is Built on a House of Cards

Log4Shell remains a national concern because the open-source community cannot continue to shoulder the responsibility of securing this critical asset and vendors are not exercising due care in incorporating open-source components into their products. A comprehensive institutional … | Continue reading


@lawfareblog.com | 1 year ago

The Chatter Podcast: Spies and Art Forgers with Daniel Silva [audio]

Shane Harris sat down with Daniel Silva to discuss Silva's career, his writing process, and how he created the Gabriel Allon spy series. | Continue reading


@lawfareblog.com | 1 year ago

Medical Device Security Offers Proving Ground for Cybersecurity Action

Legislation moving through Congress on medical devices suggests broader lessons for how to improve the cybersecurity of essential products and critical infrastructure. The bill’s proposed system of regulation and oversight holds promise for meeting the competing criteria of certa … | Continue reading


@lawfareblog.com | 1 year ago

Hack Global, Buy Local: The Inefficiencies of the Zero-Day Exploit Market

Why the market for zero-day exploits is less efficient and more local than you might think. | Continue reading


@lawfareblog.com | 1 year ago

First Amendment Absolutism and Florida’s Social Media Law

The Eleventh Circuit’s opinion striking down most of Florida’s controversial social media law mostly gets the First Amendment right but also shortchanges the important government interests at stake. | Continue reading


@lawfareblog.com | 1 year ago

Confronting Misinformation in the Age of Cheap Speech

A review of Richard L. Hasen, “Cheap Speech: How Disinformation Poisons Our Politics—and How to Cure It” (Yale University Press, 2022). | Continue reading


@lawfareblog.com | 1 year ago

How Can One Know When to Trust Hardware and Software?

The Lawfare Institute convened a working group of experts to answer that question. The group's report, titled "Creating a Framework for Supply Chain Trust in Hardware and Software" is available now. | Continue reading


@lawfareblog.com | 1 year ago

Artificial Intelligence and Chemical and Biological Weapons

The pharmaceutical industry is using artificial intelligence to discover new beneficial drugs, but this new tool also presents the possibility for the creation of new catastrophic biological and chemical weapons. | Continue reading


@lawfareblog.com | 2 years ago

China’s NFT Plans Are a Recipe for the Government’s Digital Control

China’s vision of the next iteration of the internet is one in which China controls and vets who can build on it. | Continue reading


@lawfareblog.com | 2 years ago

U.N. Security Council Permanent Member Immunity from Expulsion: Fact or Fiction?

Can the Russian Federation be legally removed from the United Nations? The conventional wisdom says no. This post offers a basis for saying yes. | Continue reading


@lawfareblog.com | 2 years ago

Layoffs in China’s Tech Sector Stoke Larger Unemployment Fears

Lawfare’s biweekly roundup of U.S.-China technology policy news. | Continue reading


@lawfareblog.com | 2 years ago

Telegram’s Embrace of Contradiction

Telegram is by design difficult to pin down. That is what makes it so different from—and more successful than—other self-proclaimed “free speech” apps. | Continue reading


@lawfareblog.com | 2 years ago

Putin’s Memory Laws Set the Stage for His War in Ukraine

Vladimir Putin’s rewriting of the history of World War II set the stage for his war in Ukraine. | Continue reading


@lawfareblog.com | 2 years ago

Cyber Realism in a Time of War

Activity in the digital domain may affect the war in Eastern Europe at the margins, but it will not decide it. That should tell us something about the West’s cyber posture. | Continue reading


@lawfareblog.com | 2 years ago

Cybersecurity Tools Lie Unused in Federal Agencies’ Toolboxes

Many federal agencies have existing authority that could be leveraged to improve the cybersecurity of private actors under their jurisdiction. | Continue reading


@lawfareblog.com | 2 years ago

What Defense’s 2021 China Military Power Report Tells About Defense Innovation

According to the China Military Power Report, China is transitioning to a new stage in its national strategy in which emerging technologies and defense innovation are playing a central role in more recent iterations of the CCP’s strategic objectives. | Continue reading


@lawfareblog.com | 2 years ago

Should Judges Defer to Police Expertise?

Legal challenges to police misconduct often do their best to deny claims that police officers are “experts” in the field. But what if they are, and that’s part of the problem? | Continue reading


@lawfareblog.com | 2 years ago

What We Have and Haven’t Learned About Terrorism Financing

A review of Jessica Davis, “Illicit Money: Financing Terrorism in the 21st Century” (Lynne Rienner, 2021). | Continue reading


@lawfareblog.com | 2 years ago

The Open Data Market and Risks to National Security

Continue reading


@lawfareblog.com | 2 years ago

The Flawed Claims About Bias in Facial Recognition

Recent improvements in face recognition show that disparities previously chalked up to bias are largely the result of a couple of technical issues. | Continue reading


@lawfareblog.com | 2 years ago

Protecting National Security, Cybersecurity, Privacy While Ensuring Competition

The tensions between antitrust enforcement and promoting competition, and protecting our privacy, guarding against threats to our cybersecurity and defending our country against hostile foreign actors are real but not irreconcilable. | Continue reading


@lawfareblog.com | 2 years ago

White House Releases Memo on Cybersecurity at Federal Agencies

The White House Office of Management and Budget released a memo that announces new measures to strengthen cybersecurity within federal agencies. | Continue reading


@lawfareblog.com | 2 years ago

D.C. Circuit May Blow Up the Remote Identification Rule for Drones

What’s going on in the RaceDayQuads v. FAA case? | Continue reading


@lawfareblog.com | 2 years ago

Why Did Russia Escalate Its Gray Zone Conflict in Ukraine?

Russia's troop movements demonstrate the limits of its model of limited war. | Continue reading


@lawfareblog.com | 2 years ago

Understanding the Offense’s Systemwide Advantage in Cyberspace

Attackers in cyberspace have had the systemwide advantage for decades. Reversing this requires both a more nuanced understanding of the offense-defense balance and innovations with leverage that works at scale across the internet. | Continue reading


@lawfareblog.com | 2 years ago

Secrecy Creep

The Glomar operates as a powerful tool of government secrecy, but should the Pennsylvania State Police be permitted to append it to every public records response it issues? | Continue reading


@lawfareblog.com | 2 years ago

Cyber Command Is in the Ransomware Game–Now What?

Some unresolved questions that policymakers must consider in exploring a role for the military in countering ransomware. | Continue reading


@lawfareblog.com | 2 years ago

Tenth Circuit Upholds Conviction on Evidence Gathered Under Section 702 of FISA

On Dec. 8, the Court of Appeals for the Tenth Circuit upheld the conviction of an Uzbek immigrant that relied on information obtained through warrantless foreign intelligence surveillance. | Continue reading


@lawfareblog.com | 2 years ago

Anticipating Future Directions of Tech-Enabled Terror

Counterterrorism experts need to get ahead of the curve of terrorist innovation with new, commercially-available products. | Continue reading


@lawfareblog.com | 2 years ago

What's the Deal with the Log4Shell Security Nightmare?

The details behind a massive cyber problem. | Continue reading


@lawfareblog.com | 2 years ago

Social Media: National Security by Platform

Understanding the new dynamic between government policy and private platforms is crucial to understanding the modern geopolitical environment. | Continue reading


@lawfareblog.com | 2 years ago

Why the FCC Expelled a Chinese Telecom for National Security Risks

In October, the FCC issued an order barring China Telecom from providing telecommunications services in the United States due to its ties to the Chinese government and concerns that China will exploit the telecommunications company to access and misroute various U.S. communicatio … | Continue reading


@lawfareblog.com | 2 years ago

Federal Intervention, Conflict, and Drought in the American West

Land management has long been fuel for unrest west of the Mississippi. Will extreme drought and climate change amplify the risk? | Continue reading


@lawfareblog.com | 2 years ago

How the President Can Shape the Role and Oversight of National Cyber Director

The national cyber director’s lack of independent legal authority, combined with Senate confirmation, gives the president broad latitude to shape this role and authority within the executive branch. | Continue reading


@lawfareblog.com | 2 years ago

Cybersecurity for Idiots

One of cybersecurity’s major challenges is cyberstupidity, and regulators struggle to keep pace with rapidly changing technologies. Adopting a cybersecurity approach conceptually modeled on tort’s negligence per se doctrine, regulators can reduce widespread failures. | Continue reading


@lawfareblog.com | 2 years ago

The Business of Knowing: Private Market Data and Contemporary Intelligence

U.S. government access to at least some private market data—and the limiting of foreign access to this same information—is essential for national security. | Continue reading


@lawfareblog.com | 2 years ago

Technology Diplomacy Changes Are the Right Start

The State Department must retain the focus of top leadership and continue to work with Congress to ensure the long-term success of its new technology-focused bureau and special envoy. | Continue reading


@lawfareblog.com | 2 years ago

Recent Additions to Entity List Part of Broader U.S. Effort Targeting Spyware

The Commerce Department’s addition of four entities to the export control Entity List highlights accelerated efforts to target companies providing cyber services to certain foreign governments—especially when human rights are at stake. | Continue reading


@lawfareblog.com | 2 years ago

Justice Department’s Novel Law Enforcement Operation to Protect Victims

The U.S. Department of Justice recently announced that it undertook a law enforcement operation to remove malware from hundreds of victim systems in the United States. What’s the significance of the move? | Continue reading


@lawfareblog.com | 2 years ago

Why Do Governments Reveal Cyber Intrusions?

Germany’s decision to publicly name the Ghostwriter hacking group as the perpetrator targeting its political institutions should not be taken lightly. | Continue reading


@lawfareblog.com | 2 years ago

A Memoir from the Head of Saudi Intelligence

A review of Turki AlFaisal Al Saud, “The Afghanistan File” (Arabian Publishing, 2021). | Continue reading


@lawfareblog.com | 2 years ago

Buying Data and the Fourth Amendment

Can governments purchase user records as an end-run around the warrant requirement imposed by Carpenter v. United States? | Continue reading


@lawfareblog.com | 2 years ago

REvil Is Down – For Now

What can be learned from the operations that got them to shut down? | Continue reading


@lawfareblog.com | 2 years ago

Understanding Police Reliance on Private Data

Although law enforcement investigations have always depended on information from private actors, modern technology and big data have transformed an analog collection process into an automated, digital one. This shift has elevated the role that private entities play in the investi … | Continue reading


@lawfareblog.com | 2 years ago