What are the legal and policy questions raised by gig surveillance work? | Continue reading
The perils that flow from facial recognition can be mitigated through sensible limits without banning the technology and the risks of facial recognition are less bad than the options police have without its use. | Continue reading
An analysis of the federal and state judgments applying Carpenter illuminates both the present state of the law and the paths along which it will likely continue to develop. | Continue reading
The proposed reporting mandates are an insufficient solution to the right problem. | Continue reading
Fourth Amendment doctrine and new policing technologies have made law enforcement less transparent, less accountable and less trustworthy. Transparency law is beginning to fill the gap. | Continue reading
Manufactured whistleblowing has become an element of disinformation campaigns to disrupt Taiwan’s sovereignty and stability. | Continue reading
What does the history of online influence operations reveal about how to tackle disinformation? | Continue reading
The reports offer a clear-eyed analysis of the climate threats facing the nation and world. | Continue reading
The deferred prosecution agreements for three members of Project Raven charged with hacking on behalf of a foreign government seem to set a precedent for lenient treatment for this type of conduct. In reality, the case signals that the U.S. Department of Justice intends to crack … | Continue reading
The limits on congressional surveillance vary from those on other, more common forms of government surveillance. As a whole, they raise difficult questions around the convergence of individual privacy and the separation of powers. | Continue reading
In oral argument in United States v. Zubaydah, the court seemed to take seriously the government’s invocation of the state secrets privilege to protect information that seems very much in the public domain. | Continue reading
Policing increasingly relies on the collection of digital data, often of people for whom there is no basis for suspicion. Police seek fewer search warrants and more requests to harvest metadata, they buy data from brokers, they track location and other aspects of our lives. Somet … | Continue reading
The Chinese government’s use of its own weak legal system to carry out “hostage diplomacy" may herald a new “asymmetric lawfare” strategy to counter the U.S. | Continue reading
The inspector general’s latest report on FISA implementation at the FBI is not as bad as it looks, but it’s not good either. | Continue reading
Monoculture risk is manageable for most systems, but that isn’t the case for government systems. For these systems, monoculture vulnerability is a national security risk. | Continue reading
What have CFIUS and Team Telecom been up to? | Continue reading
AUKUS has already sparked a hullabaloo, both with allies such as France and with adversaries such as China. This post explains the naval nuclear propulsion portion of AUKUS, its operation and legal basis, and the controversy surrounding it. | Continue reading
China’s fintech activity is evolving swiftly and the U.S. government needs to thwart this long-term threat by ensuring that the companies exploring new technical capabilities in the financial sector have an alternative to Chinese innovation. | Continue reading
Interested in a detailed-but-accessible case study of the Russian cyberespionage campaign that targeted SolarWinds (among others)? I’ve got you covered. | Continue reading
Apple’s efforts, though commendable, raise as many questions as they answer. | Continue reading
Both President Biden and Facebook have taken steps to dial down the temperature since last week’s dustup, but the fundamental problem remains: How can platforms effectively combat misinformation with steps short of takedowns? | Continue reading
Lawfare’s biweekly roundup of U.S.-China technology policy and national security news. | Continue reading
Right before the start of the holiday weekend, news broke of yet another massive ransomware attack. What's the deal? | Continue reading
It's well known the code is buggy; that's why software updates for anything from apps to operating systems are now the norm. But if the public understands this, the courts have not followed suit. | Continue reading
Making cryptocurrency mining illegal won’t stop all mining, but it will seriously disrupt it. | Continue reading
The creation of the Cyber Safety Review Board is a good first step, but additional action can magnify the value the board offers. | Continue reading
Relations between China and the Philippines continue to smolder; U.S. freedom of navigation operations continue; Japan and Europe move to address broader Indo-Pacific stability. | Continue reading
Today was the 30-day deadline for Facebook’s responses to the policy recommendations in the FOB’s decision on the suspension of Trump’s account. The responses are underwhelming. | Continue reading
The best way to deal with this new era of big-game ransomware will involve not just securing computer systems or prosecuting criminals, but disrupting the one payment channel capable of moving millions at a time outside of money laundering laws: Bitcoin and other cryptocurrencies … | Continue reading
The government’s best defense of a warrantless system of digital surveillance would rely on the “special needs” exception to the Fourth Amendment. | Continue reading
The years 2021 and 2022 are set to be major periods for elections across Latin America and a roundup of how information operations have affected them can help to shed some light on the current state of the region's information ecosystem and where future information operations may … | Continue reading
One case case may mark an ominous turning point for human rights and rule of law in Hong Kong. | Continue reading
Lawfare’s biweekly roundup of U.S.-China technology policy and national security news. | Continue reading
Today’s shaky ceasefire between Israel and Hamas is a good thing in itself, but without further diplomacy it will prove just a brief respite from the violence. | Continue reading
Donald Trump is promoting, and his party is using various means of achieving, a politicized electoral process in which politicians would have more power to direct the running of elections in their self-interest. | Continue reading
From the perspective of international law, it is difficult to overstate the seriousness of Belarus’ actions. | Continue reading
A commonly cited statistic about private ownership of U.S. infrastructure has popped up again after the Colonial Pipeline ransomware report. But where does it actually come from? | Continue reading
The Biden administration has released its much-anticipated executive order aiming to improve federal cybersecurity standards and other aspects of cybersecurity. Here’s what you need to know. | Continue reading
What do the details of today's decision reveal about Facebook’s rules, and the FOB’s role in reviewing them? | Continue reading
If a new law is passed by government committee and the Knesset, it will redefine cybersecurity governance in Israel. | Continue reading
The justice’s speculations on the possibilities for regulating social media platforms are already changing the tone of the debate on the political right—but he makes a weak argument. | Continue reading
I’m not seeking damages or a judgment that what the Department of Homeland Security did was illegal, but I do want to understand who else the department reported on based on First Amendment-protected activity. | Continue reading
Enterprises can manage, mitigate and monitor their cyber risks by mapping threats and adversary tactics, techniques and procedures to known vulnerabilities. Ultimately, the goal is to have a scalable, reproducible metric for risk. | Continue reading
What does the report reveal about online extremism and the efforts to counter it? | Continue reading
On Thursday, March 18, 2021, at 10:15 a.m., the Senate Homeland Security and Governmental Affairs Committee will hold a hearing on understanding and responding to the SolarWinds supply chain attack. | Continue reading
The arrangement can be tense and transactional, but has provided benefits for both sides. | Continue reading
Comparing the Biden administration’s Interim National Security Strategic Guidance with Trump’s National Cyber Strategy. | Continue reading
Facebook’s policies on health misinformation stretch across blog posts, different sections within the Community Standards, and now in its Help Center. This must change. | Continue reading