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
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
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
Here’s what the now public warrant can tell us so far about the property seized and potential crimes being investigated. | Continue reading
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
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
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
Why the market for zero-day exploits is less efficient and more local than you might think. | Continue reading
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
A review of Richard L. Hasen, “Cheap Speech: How Disinformation Poisons Our Politics—and How to Cure It” (Yale University Press, 2022). | Continue reading
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
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
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
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
Lawfare’s biweekly roundup of U.S.-China technology policy news. | Continue reading
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
Vladimir Putin’s rewriting of the history of World War II set the stage for his war in Ukraine. | Continue reading
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
Many federal agencies have existing authority that could be leveraged to improve the cybersecurity of private actors under their jurisdiction. | Continue reading
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
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
A review of Jessica Davis, “Illicit Money: Financing Terrorism in the 21st Century” (Lynne Rienner, 2021). | Continue reading
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
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
The White House Office of Management and Budget released a memo that announces new measures to strengthen cybersecurity within federal agencies. | Continue reading
What’s going on in the RaceDayQuads v. FAA case? | Continue reading
Russia's troop movements demonstrate the limits of its model of limited war. | Continue reading
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
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
Some unresolved questions that policymakers must consider in exploring a role for the military in countering ransomware. | Continue reading
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
Counterterrorism experts need to get ahead of the curve of terrorist innovation with new, commercially-available products. | Continue reading
The details behind a massive cyber problem. | Continue reading
Understanding the new dynamic between government policy and private platforms is crucial to understanding the modern geopolitical environment. | Continue reading
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
Land management has long been fuel for unrest west of the Mississippi. Will extreme drought and climate change amplify the risk? | Continue reading
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
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
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
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
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
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
Germany’s decision to publicly name the Ghostwriter hacking group as the perpetrator targeting its political institutions should not be taken lightly. | Continue reading
A review of Turki AlFaisal Al Saud, “The Afghanistan File” (Arabian Publishing, 2021). | Continue reading
Can governments purchase user records as an end-run around the warrant requirement imposed by Carpenter v. United States? | Continue reading
What can be learned from the operations that got them to shut down? | Continue reading
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