Intelligence

China’s Agentic AI Controversy

(Samm Sacks - Lawfare) A powerful new artificial intelligence (AI) agent called OpenClaw and Moltbook, a social networking site just for AI agents, has...

The Dull Roar of AI-Powered Cybercrime

(Tom Uren - Lawfare) A range of reports show that artificial intelligence (AI) adoption is, unsurprisingly, making threat actors' standard workflows quicker and easier. The...

The Four Hour Cyber War on Iran

(Tom Uren - Lawfare)  The U.S.-Israel attack on Iran shows how cyber operations help achieve military goals when aggressors have cyber dominance. But it also...

Beyond Carpenter – A Legislative Framework for Mobile Location Privacy

(Jim Dempsey - Lawfare) In Carpenter v. United States, the Supreme Court held that the Fourth Amendment requires a warrant for compelled disclosure of...

Installing a Content Patch in the Stored Communications Act

(Stephanie Pell, Richard Salgado - Lawfare) The 1980s-era scheme in the Stored Communications Act that allows the government to compel service providers to disclose...

Data Proxies for the Stored Communications Act

(David Kris - Lawfare) When law enforcement obtains a customer’s cloud data from a cloud service provider (CSP) under the Stored Communications Act, a...

Harmonizing ECPA to Close Gaps and Increase Statutory Coherence

(Aaron R. Cooper - Lawfare) The Electronic Communications Privacy Act of 1986 (ECPA) was designed to protect the privacy of electronic communications while providing...

Unpacking and Updating the CLOUD Act

(Jennifer Daskal - Lawfare) The CLOUD Act, enacted in 2018, is the most significant amendment to ECPA in over a decade. It clarified that...

Limiting Reverse Searches in the Stored Communications Act

(Paul Ohm - Lawfare) Law enforcement increasingly conducts “reverse searches”—requests that ask online providers to search their massive databases not for information about a...

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