same conference covered (and participated in) by some real legal experts in matters of trying to balance national security needs with individual privacy and other concerns. These are being recaptured by Benjamin Wittes at Lawfare: Hard National Security Choices and I’m from the NSA, and We Don’t Get Out Much.
Not a field in which I have had much experience, but as I sit there listening, it is easy to see what a challenge it is working through these issues as, in many case, events and technology have sped far beyond the legal systems efforts to try and assemble itself to deal with the new issues.
For example, with the law of armed conflict driven, for the most part, by nation states and uniformed armies in the field, how do you derive rules for a war that is not being fought by national armies nor by uniformed forces nor even by nationals in the state in which battles are being fought?
More has this goes on tomorrow.