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Monday, March 24

A very brief reply to Lawfare's very brief reply to Glenn Greenwald

"Greenwald may regard as jingoistic the distinction the [U.S.] law makes between [information] collection against U.S. persons and collection overseas, but it is the law [to allow the latter]. And I would challenge him to find a single example of a country that applies the same privacy rules to espionage in foreign adversary countries as it does to its own people -- other than countries whose privacy rules are not to have any."
-- Benjamin Wittes; Lawfare; March 23

1.  Since when was every country other than 4 British Commonwealth ones a "foreign adversary" of the United States of America?

2. Since when did U.S. law find no difference between intelligence gathering and clandestine warfare?
 
(The NSA documents published by the New York Times and Der Spiegel about U.S. hacking operations against Huawei mention that if the U.S. President orders, NSA can launch offensive operations against the company; that is, cyberwar.)

Back to the law books, Mr Wittes. 

See Wittes' March 23 post A Very Brief Reply to Glenn Greenwald for more details on Greenwald's argument and Wittes' reply.  By the way Lawfare is an American blog about national security law and policy but Benjamin Wittes is not simply a blogger.  He is "editor in chief of Lawfare and a Senior Fellow in Governance Studies at the Brookings Institution. He is the author of several books and a member of the Hoover Institution's Task Force on National Security and Law."

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