Recently on Lawfare

Cybersecurity and Deterrence

The State of FirstNet, America’s Public Safety Broadband Network

On April 1, AT&T announced that the Navy and the Marine Corps had signed up to the FirstNet public safety broadband network, which prioritizes public safety communications over other types of traffic. A policy directive from the secretary of the Navy provides guidance on how the Navy and the Marine Corps should procure and deploy FirstNet devices and services.

Documents

Document: Affidavit in Support of Assange Arrest

The U.S. District Court for the Eastern District of Virginia unsealed the affidavit in support of the arrest of Julian Assange, founder of WikiLeaks. Assange was indicted on March 6 for for conspiring to commit computer intrusions by assisting Chelsea Manning with breaking a U.S. government password. He is charged for violations of  18 U.S.C. §§371, 1030(a)(1), 1030(a)(2) and 1030(c)(2)(B)(ii).

Foreign Policy Essay

Russia Might Regret the U.S. Drawdown in Syria

Editor’s Note: The Syrian conflict, while hardly over, is diminishing. The Syrian people clearly lost, but who—other than the barbarous Assad regime—won? One candidate is Russia, whose military intervention helped save the regime and which has re-emerged as a power broker in the Middle East. Carol Saivetz of MIT, however, argues this may be a mixed blessing for Moscow. Although the regime has accomplished many things in Syria, these accomplishments have created new problems that will be tricky for Moscow to solve.

Daniel Byman

Executive Power

Take More Care: Did the President Tell Subordinates to Violate the Law?

On April 5, President Trump met with officials from the Department of Homeland Security at a U.S. Border Patrol station in Calexico, California. According to CNN, the president told Border Patrol agents that they should disobey court orders and turn back asylum seekers at the border.

International Criminal Court (ICC)

U.S. Imposes Visa Ban on International Criminal Court Prosecutor

On April 4, the United States revoked the visa of International Criminal Court (ICC) Prosecutor Fatou Bensouda over her investigation of U.S. troops in Afghanistan. The ICC recently rejected that request, though the ban still presumably remains in place and marks an escalation in tensions between the Trump administration and the ICC.

Documents

Document: Justice Department Did Not Rely on Whitaker in FISA Matters, FISC Says

On Thursday, the Foreign Intelligence Surveillance Court issued an order stating that the government "has not relied on any action taken by [former Acting Attorney General Matthew Whitaker] in any submission to the court." The order, issued by Judge Rosemary Collyer, denied attorney Thomas C. Goldstein's motion to file an amicus curiae brief challenging Whitaker's authority to take action before the court on the basis that his appointment as acting attorney general was unlawful.

Artificial Intelligence

Principles of AI Governance and Ethics Should Apply to All Technologies

Despite Google’s recent dissolution of its artificial intelligence (AI) ethics board, IT vendors (including Google) are increasingly defining principles to guide the development of AI applications and solutions. And it’s worth taking a look at what these principles actually say.

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