Privacy Shield
European Commission Releases EU-US Privacy Shield Annual Review
Garrett Hinck Wed, Oct 18, 2017, 5:00 PM
The European Commission has released its first annual report on the EU-U.S. Privacy Shield.
China
China is Getting Better at Undermining Global Human Rights
Thomas Kellogg Wed, Oct 18, 2017, 4:30 PM
On [email protected], Thomas Kellogg examines China's efforts to undermine key U.N. human rights mechanisms.
Alien Tort Statute
Justice Gorsuch is Right: Jesner and the Original Meaning of the Alien Tort Statute
Anthony J. Bellia, Bradford R. Clark Wed, Oct 18, 2017, 12:30 PM
Justice Gorsuch was right about the original meaning of the ATS.
Today's Headlines and Commentary
Today's Headlines and Commentary
Garrett Hinck Wed, Oct 18, 2017, 12:07 PM
Federal judges issued two separate orders halting the Trump administration’s latest travel ban order, the Washington Post reported.
Podcasts
The National Security Law Podcast: Han Shot First
Robert Chesney, Steve Vladeck Wed, Oct 18, 2017, 12:05 PM
If you were unsure about whether your hosts are geeks, this episode will help settle the question. But before we get to what Professors Chesney and Vladeck think they know but don’t really, here’s the stuff they actually do know something about!
First, the travel ban. Buckle up, there’s a new nationwide TRO, out of Hawaii, enjoining enforcement of most of Travel Ban 3.0.
Middle East Ticker
Iraq Seizes Control of Kirkuk, Trump Sends Iran Deal to Congress, Islamic State Forced from Raqqa
J. Dana Stuster Wed, Oct 18, 2017, 11:00 AM
Kurdish national aspirations in Iraq are collapsing, Trump decertifies the JCPOA but won’t say what he wants to change, and the Islamic State loses its de-facto capital.
The Russia Connection
Watch Live: Attorney General Jeff Sessions Testifies Before the Senate Judiciary Committee
Vanessa Sauter Wed, Oct 18, 2017, 10:04 AM
This morning, Attorney General Jeff Sessions is testifying before the Senate Judiciary Committee concerning Justice Department oversight. This will be his first time appearing before the committee since his confirmation hearing in January. See here for the ten questions Matthew Miller suggests the Senate Judiciary Committee should ask Sessions.
Cybersecurity
UK's New ‘Internet Safety Strategy’ Cracks Down on Online Danger
Evelyn Douek Wed, Oct 18, 2017, 9:00 AM
The U.K’s new Green Paper, takes a stronger stance on internet regulation. The policies outlined, and those anticipated, will change the face of private sector internet operations.
Book Reviews
How Not to End War
Michael J. Glennon Wed, Oct 18, 2017, 7:30 AM
A review of Oona A. Hathaway and Scott J. Shapiro's, The Internationalists: How a Radical Plan to Outlaw War Remade the World (Simon & Schuster, 2017)
Travel Ban
Travel Ban 3.0: Court Grants Temporary Restraining Order in Hawaii v. Trump
Emma Kohse Wed, Oct 18, 2017, 7:00 AM
On October 17, Judge Derrick Watson of the federal district court in Hawaii issued a nationwide temporary restraining order (TRO) against the enforcement of sections of President Trump’s third executive order on immigration. This is our summary of that judicial order.
Travel Ban
Travel Ban 3.0: The Hawaii TRO Is Right on the Statute
Peter Margulies Tue, Oct 17, 2017, 8:20 PM
Judge Derrick Watson is right to issue a temporary restraining order in Hawaii v. Trump: The newest travel ban violates the Immigration and Nationality Act’s text, structure, and purpose.
Podcasts
The Cyberlaw Podcast: The Midnight Basketball of Cybersecurity
Stewart Baker Tue, Oct 17, 2017, 8:06 PM
This episode features an interview with Mårten Mickos, the CEO of HackerOne. HackerOne administers bug bounty and vulnerability disclosure programs for a host of private companies as well as DOD’s “Hack the Pentagon” program.
Today's Headlines and Commentary
Today's Headlines and Commentary
Garrett Hinck Tue, Oct 17, 2017, 2:18 PM
U.S.-backed forces completed the capture of Raqqa, the one-time capital city of the Islamic State, the Washington Post reported.
Detention
The Lawfare Podcast, Bonus Edition: Steve Vladeck on Detaining an American Enemy Combatant
Vanessa Sauter Tue, Oct 17, 2017, 1:48 PM
When an American ISIS fighter turned himself in to Syrian Democratic Forces last month, the subsequent detention of the unnamed enemy combatant by U.S. forces sparked concern. To explore the implications of John Doe’s detention, Steve Vladeck joined Benjamin Wittes for a lively debate on the level of alarm that the American citizen held in military custody should raise.
Western Europe
The United Kingdom and Unmanned Aerial Vehicles: A Summary of Joint Doctrine Publication 0-30.2
Hayley Evans Tue, Oct 17, 2017, 12:37 PM
A summary of Joint Doctrine Publication 0-30.2, the United Kingdom Ministry of Defence’s recently published guide to the U.K.’s operative principles on the use of Unmanned Aircraft Systems.
Podcasts
The Cyberlaw Podcast: The Shane Roundup
Stewart Baker Tue, Oct 17, 2017, 12:20 PM
Today’s news roundup features Shane Harris of the Wall Street Journal, Brian Egan, and Alan Cohn discussing stories that Shane wrote last week.
FISA: 702 Collection
FBI Director Christopher Wray Defends FISA Section 702
Vanessa Sauter Tue, Oct 17, 2017, 10:50 AM
On Friday, FBI Director Christopher Wray delivered a speech at the Heritage Foundation concerning FISA Section 702. The following is his speech as delivered:
Going Dark
Decrypting the Going Dark Debate
Matt Tait Tue, Oct 17, 2017, 10:00 AM
Don’t expect Silicon Valley to help the government when the tech industry’s financial incentives encourage opposition.
Domestic Terrorism
Treating Right-Wing Violence as Terrorism: What If Deeds Match Rhetoric?
Daniel Byman Tue, Oct 17, 2017, 7:30 AM
The practical effects of treating domestic terrorism like international terrorism give reason for caution.
Military Commissions
Why the Collapse of Al-Nashiri’s Defense Team Matters
Michel Paradis Tue, Oct 17, 2017, 7:00 AM
The collapse of the al-Nashiri trial defense team is only the latest setback for the dysfunctional military commission system.