This week, Under Secretary of State for Arms Control and International Security Rose Gottemoeller gave a keynote address at Brookings on US Nuclear Arms Control Policy. In her address, Gottemoeller discussed how the administration is adjusting to the slowed progress of arms control given the far less conducive atmosphere left in the wake of the Ukraine-Russia crisis. After beginning with such high hopes, and with definite achievements including New Start and the Nuclear Security Summits, how is the Obama administration approaching arms control in its final two years? Where can it find success in a sea-full of difficulty? Under Secretary Gottemoeller tackles these questions and more.Steven Pifer, senior fellow at Brookings and the director of the Arms control and Nonproliferation Initiative, introduced Gottemoeller and moderated the discussion.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Mieke Eoyang of Third Way discusses her provocative recent proposal on Lawfare for making the FISA Amendments Act the exclusive means by which the NSA can acquire content against overseas non-US persons from U.S. tech companies.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Brookings scholar Nathan Sachs discusses the Byzantine politics of the Israeli government, the fall of the latest government of Binyamin Netanyahu, and the coming Israeli elections.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

The ACLU's Jameel Jaffer, ODNI General Counsel Robert Litt, and Syracuse Law's William Banks debate FISA. Laura Donohue of Georgetown law school moderate at the ABA Standing Committee on Law and National Security's 24 Annual Review of the Field of National Security Law.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

In our one hundredth episode of the podcast, Shane Harris of the Daily Beast talks about his new book, @War: The Rise of the Military-Internet Complex.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Jack Goldsmith speaks at the Hoover Institutions Fall 2014 retreat on "President Obama's War Powers Legacy."Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

ACLU technologies Chris Soghoian takes on James Comey's proposal for preserving law enforcement access to smartphones.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

On Wednesday, a panel of the D.C. Circuit heard oral argument in Al Bahlul v. United States, a long running---and potentially quite consequential---appeal concerning Congress's power to subject domestic law crimes to trial before Guantanamo military commissions. Shortly after argument, Lawfare's Wells Bennett and Steve Vladeck joined Kevin Jon Heller for some post-argument analysis.  Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Issues of privacy and security are at the forefront of public debate, particularly in light of recent national security disclosures and increasingly pernicious cyber attacks that target our personal information, our ideas, our money, and our secrets. But are privacy rights trumping public safety interests?  And if so, at what cost?  Has the post-Snowden pendulum swung too far in one direction? On October 16, Governance Studies at Brookings hosted FBI Director James Comey for a discussion of the impact of technology on the work of law enforcement. Law enforcement officials worry that the explosion in the volume and the means by which we all communicate threatens its access to the evidence it needs to investigate and prosecute crime and to prevent acts of terrorism.In particular, officials worry that the emergence of default encryption settings and encrypted devices and networks – designed to increase security and privacy – may leave law enforcement in the dark. Director Comey spoke about the need for better cooperation between the private sector and law enforcement agencies. He also discussed potential solutions to the challenge of “going dark,” as well as the FBI’s dedication to protecting public safety while safeguarding privacy and promoting network security and innovation.   Following these remarks, Brookings Senior Fellow and Lawfare co-founder Benjamin Wittes moderated a discussion with Director Comey and took audience questions.It's the Lawfare Podcast, episode #96, FBI Director James Comey on "Going Dark."Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

This week, Ambassador Shivshankar Menon, India's former national security advisor and former Foreign Secretary, gave a keynote address this week at Brookings entitled, “India’s Role in the World.” In his address, Ambassador Menon discusses the new optimism in U.S.-India bi-lateral relations on the heels of newly elected Prime Minister Narendra Modi’s recent visit. Ambassador Menon also delves into India’s relations with Pakistan and other countries in the region, its evolving outlook on China, and how India and the United States can forge new ties on counterterrorism and defense cooperation.Strobe Talbott, president of The Brookings Institution, introduced Ambassador Menon and moderated the discussion. Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

With the recent decision by the Obama administration to begin launching airstrikes against Islamist militants in Iraq and Syria, questions have arisen about the nature of the terrorist threat groups like the Islamic State in Iraq and Syria (ISIS) and Al Qaeda pose to the United States and whether our current strategies to eradicate terrorism are actually working. Many are concerned that just as we thought we were finally coming to the end of over a decade of war in Iraq and Afghanistan, we are being sucked into yet another long, bloody conflict in a region where our success rate has been anything but stellar, and all to address what amounts to a fairly minor threat. Others have argued that the threat of ISIS is an existential one for the United States and its allies and interests in the region and therefore believe that nothing short of a full military intervention coupled with long-term state-building projects in Iraq and Syria will suffice to eliminate the threat of ISIS once and for all.Recent reports about the so-called Khorasan Group, a mysterious faction of Al Qaeda operatives with links to the core organization in Pakistan and its affiliate in Yemen that is supposedly recruiting Westerners in Syria to carry out attacks against the United States and other Western countries have sharpened the debate—is Al Qaeda really “on the run,” as we’ve so often been told? Do they still pose a threat to the U.S. homeland? And if so, what exactly have we been doing the past 13 years? Where did all that money and manpower we threw at counterterrorism after 9/11 go? Will the war on terrorism ever really be won?For this week’s Lawfare Podcast, I sat down with preeminent terrorism scholar Audrey Kurth Cronin to dig into these issues a little more deeply. Audrey recently wrote a fantastic piece titled “Is this How to Win the War on Terrorism?” for the Foreign Policy Essay here at Lawfare, in which she discussed the Obama administration’s use of drones as its primary counterterrorism tactic, the bloated counterterrorism bureaucracy that has emerged since 9/11, and how best to combat terrorist threats from groups like ISIS and Al Qaeda.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Ben interviews Dan Carlin in a wide-ranging conversation on WWI, NSA, and how to make a podcast. Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

This week, the nation once again celebrated Constitution Day, and Ben gave the keynote address at Kenyon College, which we provide to you in full. In his address, Ben covers what he calls a “Constitution under stress,” and how the post-9/11 world has catalyzed a prolonged debate over liberties in the United States and in turn, how the Constitutional framework has shaped our response to the challenges of drones, cyber security, surveillance, detention, and extended overseas military operations. Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Benjamin Wittes, Robert Chesney, Shane Harris and Wells Bennett talk the politics and law of the ISIS AUMF--and why President Obama isn't seeking one.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

 It’s already made the headlines, but earlier this week, Matt Olsen, Director of the National Counterterrorism Center delivered a keynote threat assessment of the Islamic State of Iraq and Syria to the Brookings Institution. Olsen’s assessment stood out among the many others that have been released into the Washington echo chamber: it was alarming yet measured; it addressed the structural factors both propelling and limiting ISIL; and it outlined a series of steps the United States could take to limit the threat to the U.S. homeland and its interests abroad. Overall, Olsen paints a picture of a radical group with unnerving capabilities, but one that he says is certainly not “invincible.” Bruce Riedel, Director of the Intelligence Project and Senior Fellow at Brookings, introduced Olsen and moderated the discussion. Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Foreign Policy's Shane Harris hosts a panel--incuding Bobby Chesney, Benjamin Wittes, and Jennifer Daskal--on the law of the War on Zombies. What will be the legal architecture when the dead walk and come for your brains? Do we need a zombie AUMF? Do zombies have due process rights? Find out on this week's special episode. Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Earlier this week, the Brookings Institution hosted a panel on Russia’s place in the international order in the light of recent more aggressive turns in its foreign policy. As the crisis in Ukraine continues to evolve, the United States is seeking to isolate Russian President Vladimir Putin. But, what is his ultimate goal? Is Russia attempting to free itself of the Western dominated world order? Is this a new Cold War? And specifically, what are the potential consequences to the global economy, counter-terrorism efforts, and the non-proliferation regime? Thomas Wright, fellow with the Project on International Order and Strategy (IOS), moderated the conversation with Brookings President Strobe Talbott, Senior Fellow Clifford Gaddy of Brookings’ Center on the United States and Europe (CUSE) and Susan Glasser, editor at Politico Magazine. Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Washington was abuzz this week as more than 50 African leaders were in town for the first U.S.-Africa Summit. Yesterday, Hassan Sheikh Mohamud, the President of Somalia, spoke at Brookings on the future of his country. In his talk, President Mohamud addressed the challenges to democracy that Somalia faces, and how Somalia, the African Union, and other international partners can work together to ensure security, foster development, and promote stable state-building in the country. President Mohamud also addressed the challenges his state faces in its ongoing battle against Al-Shabab militants - a mission that the U.S. has contributed more than half a billion dollars to since 2007. President Mohamud provides a realistic assessment of that threat, while highlighting the efforts his country is taking to bring democracy to Somalia. Michael E. O’Hanlon, Senior Fellow in Foreign Policy at Brookings, provided introductory remarks and moderated the conversation.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Benjamin Wittes discusses the ongoing crises in Gaza with Brookings scholars Natan Sachs, Khaled Elgindy, and Tamara Cofman Wittes. Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Last week, Professor Fernando Reinares, a senior analyst on International Terrorism at the Elcano Royal Institute, delivered a talk on his new book, entitled in English, “Kill Them! Who was Behind 3/11 and Why Spain was Targeted.” The talk covered the March 11, 2004 Madrid bombings, the rise and shape of jihadist networks in Spain, and the evolution of terrorism in Western Europe. In his speech, Reinares provides evidence that the decision to attack Spain was made not in response to the Iraq War, but instead in December 2001 in Pakistan by Moroccan Amer Azizi – previously a charismatic member of Al Qaeda’s Spanish Abu Dahdah cell – and that the Madrid bombing network began its formation in March 2002, more than one year before the start of the Iraq war. He highlights that like much of the West, today Spain battles the challenge of jihadist radicalization and recruitment networks that are sending fighters to join the wars in Syria and elsewhere.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Benjamin Wittes, Wells Bennett, and Steve Vladeck sit down to talk aboout the D.C. Circuit Court's recent decision in the Al Bahlul case and what it means for the future of US military commissions. Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

As the election crisis in Afghanistan comes to a head, all eyes are once again on the future of Afghan democracy. But, America’s history in the region extends back much further than its nation-building efforts since September 2001. On Tuesday,  at a Brookings launch of his newest book entitled, “What We Won: America’s Secret War in Afghanistan, 1979-1989,” Bruce Riedel, Senior Fellow and Director of the Intelligence Project at the Brookings Institution, discussed lessons the United States can learn from its successful efforts in the 1970s and 1980s in Afghanistan. In his talk, Riedel discusses the why the American intelligence operation in Afghanistan in the 1980s was so successful, and what, if any lessons, the United States can apply to its ongoing operations in the country. Riedel also explored the complex personalities and individuals who shaped the war, and explains how their influence still affects the region today. Brookings Institution President Strobe Talbott provided introductory remarks and moderated the conversation. Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Brad Smith, Executive Vice President and General Counsel of Microsoft, gave a keynote address last week at Brookings entitled “The Future of Global Technology, Privacy, and Regulation.”Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Brookings Senior Fellow Suzanne Maloney talks about Iran: common interests with the United States in Iraq and the fight against ISIS, attitudes toward working with the United States, and the prospects for a nuclear deal in the coming weeks and months.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Brookings scholars Ken Pollack, Mike O’Hanlon, and Suzanne Maloney spoke about Iraq’s security crisis.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

On Tuesday, at the 2014 Computers, Freedom and Privacy Conference, a panel of experts debated the pros and cons of adding outside lawyers to litigation before the Foreign Intelligence Surveillance Court. Generally proceedings at that court are held in secret and ex parte, with only the government arguing its position. But, in the wake of the Snowden revelations, many have called for reform, and for greater participation by non-government attorneys. The panel---comprised of Marc Zwillinger, Alex Abdo, Amie Stepanovich, and moderator Steve Vladeck---discussed the question of whether, and how, to add more adversarial process to FISC proceedings.  Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

On June 5, the anniversary of the first Snowden disclosures, Governance Studies at Brookings held a debate on the future of U.S. intelligence collection authorities. The resolution was “U.S. surveillance authorities require fundamental reform.” Arguing in favor were Jameel Jaffer of the ACLU and Julian Sanchez of the CATO Institute. Arguing in opposition were John “Chris” Inglis, former NSA deputy director, and Carrie Cordero, director of national security studies at Georgetown Law. Brookings Senior Fellow Benjamin Wittes moderated the event.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Many within the United States and others abroad continue to question the United States’ role in the world. Understandably, Americans have grown wary of the country’s role in the world, some asking whether the U.S. still has the power and influence to lead the international community, while others question why the United States must still take on this seemingly singular responsibility. On the eve of a major speech by President Obama addressing these questions, Senior Fellow Robert Kagan released a new essay entitled, "Superpowers Don't Get to Retire: What Our Tired Country Still Owes the World," which was published in the latest edition of The New Republic. Kagan argued that the United States has no choice but to be “exceptional.” On May 27, the Foreign Policy program at Brookings and The New Republic hosted an event to mark the release of the Kagan essay and in advance of President Obama’s address to the U.S. Military Academy at West Point. Kagan, a senior fellow in the Project on International Order and Strategy at Brookings, was joined by The New Republic's Leon Wieseltier and The Washington Post's Fred Hiatt. After the program, the panelists took audience questions.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

John Carlin, the Assistant Attorney General for National Security at the Department of Justice, spoke at Brookings this week on “Defending our Nation by Prosecuting State-Sponsored Cyber Theft.”Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

“At the Nexus of Public Policy and Cybersecurity: Some Basic Concepts and Issues.”That’s the title of a new report co-edited by Herb Lin, chief scientist at National Research Council’s Computer Science and Telecommunications Board.  This week, Lin sat down with our own Ben Wittes.  Their engaging discussion, together with the report itself, offers an excellent primer on the day's most pressing cyber concerns---and strongly suggests that policymakers haven’t yet begun to address them with sufficient urgency.  Enjoy.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Michael O'Hanlon and Jim Steinberg discuss their new book, Strategic Reassurance and Resolve: U.S.-China Relations in the Twenty-First Century at a Brookings event moderated by Michael Green.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Ben sat down with Cmd. Michael Adams, deputy legal adviser to the Chairman of the Joint Chiefs of Staff, at the Pacific Command conference in Manila this week, to talk about his new paper on "Jus Extra Bellum."Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Ben Wittes and Rosa Brooks discuss the future of the AUMF at a panel moderated by Greg McNeal at Pepperdine University School of Law.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

 Benjamin Wittes interviews John Rizzo, former CIA acting general counsel, about his new book, Company Man, the persistence of the enhanced interrogation controversy, and the current debate over NSA surveillance. Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Bruce Schneier of the Berkman Center for Internet and Society at Harvard Law School gave a keynote address on April 3, 2014 during the “National Security Agency at the Crossroads” conference at UT-Austin. He spoke about the challenges to maintaining privacy in the evolving digital environment and the big picture that has emerged from almost a year of NSA revelations.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

This week, the University of Texas at Austin hosted a two day conference, "The National Security Agency at the Crossroads." Former NSA Deputy Director Chris Inglis gave an address; afterwards, Inglis joined Lawfare's Ben Wittes for a wide-ranging discussion about (among other things) the NSA's recent controversies, and proposals to reform its surveillance programs.  Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

John Carlin, the Acting Assistant Attorney General for National Security at the Department of Justice, gave a keynote address on cybersecurity at American University’s Washington College of Law.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

On March 19, the Brookings Center on the United States and Europe (CUSE) hosted NATO Secretary-General Anders Fogh Rasmussen for a Statesman’s Forum address on the importance of the transatlantic alliance and how the North Atlantic Treaty Organization (NATO) is evolving to address new common security challenges. As the crisis in Ukraine shows that security in the Euro-Atlantic area cannot be taken for granted, the secretary-general discussed NATO’s essential role in an unpredictable world. He outlined the agenda for the September NATO summit in Wales as a critical opportunity to ensure that the alliance has the military capabilities necessary to deal with the threats it now faces, to consider how NATO members can better share the collective burden of defense and to engage constructively with partners around the world.Anders Fogh Rasmussen took office as North Atlantic Treaty Organization’s 12th secretary-general in August 2009. Previously, he served in numerous positions in the Danish government and opposition throughout his political career, including as prime minister of Denmark from November 2001 to April 2009.Brookings Senior Fellow and CUSE Director Fiona Hill provided introductory remarks and moderated the discussion.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Shane Harris of Foreign Policy magazine sits down with Benjamin Wittes to discuss two major news events of the week: the CIA-SSCI flap and the back-and-forth between NSA and the courts over whether it can, may, or must retain telephony metadata past the five year deadline for its destruction.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Former DHS Secretary Michael Chertoff and ACLU Chief Anthony Romero go mano a mano at a Federalist Society Event over Edward Snowden, metadata collection, standing in national security cases, and other thing--and find some surprising areas of agreement. Moderated by Ellen Nakashima of the Washington Post.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Ten years after the Iraq War and five years after the global financial crisis, the state of the international order is decidedly mixed. The international system faces a new and increasingly complex set of challenges. While the past decade has seen some successes in international cooperation – most notably the response to the financial crisis – core questions remain about whether the established and emerging powers will be able to sustain the peace, foster a system for shared prosperity and make progress on democracy, justice and human security. Brookings scholars Ted Piccone, Bruce Jones, Robert Kagan, Thomas Wright, and Jeremy Shapiro discuss.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

On February 19, the Center for 21st Century Security and Intelligence at the Brookings Institution hosted a panel discussion evaluating the National Institute of Standards and Technology (NIST) Framework.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Conor Friedersdorf and Benjamin Wittes debate the ethics of drone warfare at the University of Richmond in November 2013.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

A discussion at the Berkman Center: In the wake of the disclosures about government surveillance and the rise of corporate-run applications and protocols, is the idea of an “unowned” Internet still a credible one? The Berkman Center’s Jonathan Zittrain moderates a panel, incluing Yochai Benkler (Harvard Law School), Ebele Okobi (Yahoo!), Bruce Schneier (CO3 Systames), and Benjamin Wittes (Brookings Institution) to explore surveillance, and the potential for reforms in policy, technology, and corporate and consumer behavior.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

DNI General Counsel Robert Litt talks about implementation of President Obama's NSA reforms, privacy rights for foreigners in espionage, spying on foreign heads of state, and amnesty for Edward Snowden.Help spread the word about the Lawfare Podcast: Please rate and review it on whatever podcast distribution system you use. Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

The Brookings Intelligence Project hosted Foreign Service Officer Yaniv Barzilai on January 23, 2014 to discuss his new book, 102 Days of War---How Osama bin Laden, al Qaeda, and the Taliban Survived 2001. Bruce Riedel moderated the discussion.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

President Obama delivered a major address this morning---and released an accompanying policy directive---in response to the recommendations of his surveillance review group. He announced limited reforms to the NSA's surveillance activities, defended the larger role and activities of the intelligence community, and suggested that limited privacy protections extend to non-Americans. Lawfare convened a roundtable discussion by phone to discuss the president's highly-anticipated speech; the discussion featured Benjamin Wittes, Robert Chesney, and Carrie Cordero of Georgetown University Law School. Lawfare's managing editor, Wells Bennett, moderated the conversation.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Are there parallels between insurgencies and illness? Or between healthy bodies and healthy nations? Innovative new thinking argues that indeed there are. As understanding in various related disciplines grows, targeted responses are often able to alleviate at least some of the problems.On December 19, two Yale University professors, Stanley McChrystal (retired General, U.S. Army) and Kristina Talbert-Slagle, an associate research scientist at Yale Global Health Leadership Institute, presented their model of counterinsurgency warfare that likens that mission to the way in which the human body fights infectious disease. The presentation was not intended to produce specific recommendations for any particular ongoing or prospective operation abroad, but it did have interesting and potentially significant implications for the future of counterinsurgency warfare and for how the U.S. government prepares for such possible future missions.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.