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Jack Goldsmith
Professor , Senior Fellow , Co-Founder
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Jack Goldsmith retweeted
Henry Farrell Jan 21
Replying to @jacklgoldsmith
This might fit better with your framework - though as per I think that looking to shrink the attack surface of democracy and not just focusing on state actors is probably more productive than classical deterrence approach.
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Jack Goldsmith retweeted
Henry Farrell Jan 21
Replying to @jacklgoldsmith
I suspect that if Marty and I were to rewrite that article today, we would talk much less about transparency, and much more about complications of a world with multiple competing sources of claimed authority as to the truth (threat to hypocrisy - but from a different direction).
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Jack Goldsmith Jan 21
But it is not just the transparency of leaks, though that is part of it. It is that our adversaries are asymmetrically empowered by cyber tools below the use of force threshold.
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Jack Goldsmith retweeted
the grugq Jan 21
Covered by when she discussed the reasons behind all of this. It’s complicated: (And thinking cyber is only espionage or implants is why the US got k-leveled in 2016)
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Jack Goldsmith retweeted
David Sanger Jan 21
Thanks, . We are living in a world of cyber hypocrisy now, where we want rules that restrict Russia, China, Iran, NK and many wannabes, but not us. More on this, I hope, in a forthcoming book.
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Jack Goldsmith Jan 21
Not that simple, obviously, at this point. But when the rest of the world knows that we are in their networks and have no plans to leave, and when being in our networks is so easy and fruitful for them, we can hardly be surprised w/ the situation that describes.
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Jack Goldsmith Jan 21
Outstanding and devastating summary of where the United States is on cyber, and why. . The key issue, in my opinion, is the USG's failure to look in the mirror.
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Jack Goldsmith retweeted
Alan Z. Rozenshtein Jan 20
Happy to report that my first law-review article, "Surveillance Intermediaries," has just been published by . Many, many thanks to everyone who provided comments on the piece as it went along and to the editors for their terrific work.
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Jack Goldsmith retweeted
Jeff Stein Jan 20
The Scope of the Endless After One Year Under . & drill down on what and where.
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Jack Goldsmith Jan 19
Replying to @jacklgoldsmith
5/ This is an extraordinary bipartisan affirmation over a decade. Whatever one’s views about 702's value & shortcomings, it has been thoroughly vetted and endorsed by our democracy. Whatever legal or policy challenges remain, 702 is now baked in to the national security system.
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Jack Goldsmith Jan 19
Replying to @jacklgoldsmith
4/ The third came today, and lasts until 12-31-23. Today’s reauthorization follows years of criticism and debate sparked by Snowden’s leaks and a great deal of voluntary disclosure by the USG, and happened even though a law-challenged POTUS was a drag on its passage.
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Jack Goldsmith Jan 19
Replying to @jacklgoldsmith
3/ The second came in 2012, by large bipartisan majorities, when Obama was President, just before the Snowden revelations about 702 and other programs.
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Jack Goldsmith Jan 19
Replying to @jacklgoldsmith
2/ The first came in 2008, when Bush’s approval rating was about 30% and Democrats controlled both houses of Congress.
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Jack Goldsmith Jan 19
1/ President Trump today signed the Section 702 reauthorization into law. That means that, with relatively minor changes, 702 has now been affirmed by three different presidents and congresses.
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Jack Goldsmith Jan 19
. and I try to figure out the scope and scale of The Forever War -- or at least the part confirmed in the War Powers Resolution.
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Jack Goldsmith Jan 18
Turner wrote some good books about the CIA, including Burn Before Reading, , and Secrecy and Democracy,
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Jack Goldsmith retweeted
John Hudson Jan 18
Last night on Rex Tillerson’s plane, I asked him about his views on US mission creep in Syria. It’s an interesting supplement to his Stanford speech
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Jack Goldsmith Jan 18
Two great explainer/analyses by , one about the new GTMO habeas case, , another about the habeas case concerning the US Citizen under military detention in Iraq,
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Jack Goldsmith Jan 18
I hope we explain why Trump's attacks on FBI/DOJ don't entail surveillance abuse. And on the larger question FWIW I think Trump has tried but thus far largely failed to politicize DOJ, at least re Mueller investigation. . We'll see re other stuff.
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Jack Goldsmith Jan 18
We tried to address both the hypocrisy concern and the Trump-specific concern.
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