Latest in NSA

Cybersecurity

The NDAA FY'18's Cyber Provisions: What Emerged from Conference?

The next National Defense Authorization Act (the NDAA FY’18) is nearing the finish line.  A Conference Report is now available, and so the time has come for a closer look at some of the key provisions of interest to Lawfare readers.  My colleague Scott Anderson is going to post a broad overview shortly. For my part, I’d like to walk you through the “Cyberspace-Related Matters” section (sections 1631-1649C).

Cyber Command

Separating NSA and CYBERCOM? Be Careful When Reading the GAO Report

The Government Accountability Office last week published a report that, among other things, weighs in on the pros and cons of the NSA/CYBERCOM “dual-hat” system (pursuant to which the director of the NSA/CSS and commander of CYBERCOM are the same person). The report deserves attention but also some criticism and context. Here’s a bit of all three.

1. What is the “dual-hat” issue?

CYBERCOM

Should NSA and CYBERCOM Split? The Legal and Policy Hurdles as They Developed Over the Past Year

In light of Michael Sulmeyer’s excellent recent piece on splitting NSA and CYBERCOM, which ran at War on the Rocks last week, I want to pull together some of the key legal and policy developments of the past year in a single narrative.  My aim is to put them in context with each other in a way that will provide useful background for those new to this issue, while also putting a spotlight on the deconfliction-of-equities issue that the

Secrecy & Leaks

Recent NSA Leak Arrest: A Few Observations and a Lesson

Reality Leigh Winner, a recently separated Air Force linguist and a new hire by Pluribus International Corporation as a support contractor with a Top Secret clearance, allegedly searched for and printed out a Top Secret government report, folded it up, and dropped it in the mail to an online news outlet. Yesterday, the U.S. Attorney’s office revealed her arrest in an unsealed indictment.

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