Do we care so much about whether and how the government accesses our data perhaps because the line between ourselves and the machines that generate the data is getting fuzzier? Perhaps the NSA disclosures have struck such a chord with so many people because on a visceral level we know what our law has not yet begun to recognize: that we are already juvenile cyborgs, and fast becoming adolescent cyborgs; we fear that as adult cyborgs, we will get from the state nothing more than the rights of the machine with respect to those areas of our lives that are bound up with the capabilities of the machine.
Coauthored with Daniel Byman By its very name, the Hellfire missile promises to visit Biblical wrath upon those on its receiving end. On September 30, 2011, it delivered just that to Anwar Awlaki, the U.S.-born preacher and an operational leader of Al Qaeda in the Arabian Peninsula (AQAP), who had plotted repeated attacks from his […]
Speech before the Oxford Union in support of the resolution: “This House Believes Drone Warfare is Ethical and Effective.”
Testimony before the House Committee on the Judiciary, “Drones and the War on Terror: When Can the U.S. Target Alleged American Terrorists Overseas?” Thank you, Mr. Chairman and members of the committee, for inviting me to testify on the question of when the United States may lawfully target alleged American terrorists overseas. I am a Senior Fellow in Governance Studies at the […]
Washington D.C., November 7, 2012 A wrap-up of Campaign 2012 with Brookings colleagues Thomas Mann, Isabel Sawhill, Jonathan Rauch, and Bob Kagan.
Jones Day LLP, April 12, 2012 This panel, featured during the 2012 National Security Symposium, will analyze, from myriad perspectives, U.S. policy and practice on these issues as we enter the second decade of the armed conflict.
American Enterprise Institute, February 22, 2012 Some slightly off-color remarks at AEI about Michael Greve’s excellent and challenging new book on federalism, The Upside-Down Constitution.
American Enterprise Institute, February 2, 2012 Comments at AEI about military commissions in our mythical debate, and their very different reality.
Brookings Institution, January 13, 2012 Summary: After years of legal battles over whether to engage in non-criminal detentions, the prisoners now come under the jurisdiction of U.S. courts. However, U.S. law restricts transfers from Guantanamo Bay, so, the facility won’t close any time soon.
Brookings Institution, December 15, 2011 On December 13, the Governance Studies program at Brookings hosted a Judicial Issues Forum examining the scenarios posed in Constitution 3.0 and the challenge of adapting our constitutional values to the technology of the near future. Jeffrey Rosen and I gave an overview of the book and were joined by […]
May 17, 2011 A panel event at Brooking on reforming the Electronic Communications Privacy Act.
Politics and Prose, March 5, 2011 A speech I gave on Detention and Denial: The Case for Candor After Guantanamo, at Politics & Prose—my local bookstore in Washington D.C.
November 10, 2010 This is an interview I conducted with Justice Stephen Breyer at the Brookings Institution on his book, Making Our Democracy Work: A Judge’s View.
October 25, 2010, Fordham Law School This is a debate I took part in with Mary Ellen O’Connell at International Law Weekend back in 2010. I wrote about it at some length in Lawfare in the days after it took place: In reading Mary Ellen O’Connell’s writings on targeted killing in preparation for our debate this weekend, I […]
March 5, 2010 Opposition to trying alleged 9/11 mastermind Khalid Sheik Mohammed in civilian court has led the Obama administration to consider a military tribunal instead. Meanwhile, controversy continues over when, where and how to try terrorism suspects, and what to do with some 220 detainees who remain at Guantánamo Bay a year after President […]