Chris Mirasola
Lawfare
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Past articles by Chris:
EU Court of Justice Will Answer Questions on Facebook Data Transfers
The High Court of Ireland referred 11 questions to the EU's Court of Justice regarding the legality of data transfers between Facebook Ireland and Facebook Inc. → Read More
The Newest Round of Russian Sanctions: Much Ado About Very Little
There’s not much new in the sanctions the Trump administration finally levied against Russia on March 15. → Read More
An Update on Chinese Cybersecurity and the WTO
An analysis of developments in China’s cybersecurity regime and their international trade implications. → Read More
Summary: Lawsuit to Release the Legal Justification of Syria Airstrikes
Nearly one year after the Trump administration's April 2017 strike in Syria, Protect Democracy is still suing for public release of the legal justification behind the strike. → Read More
Last Week at the Military Commissions: A Deluge of Discovery
A summary of the substantive issues addressed in this week’s hearings in the case of the 9/11 accused. → Read More
U.S. Criticism of China’s Cybersecurity Law and the Nexus of Data Privacy and Trade Law
The U.S. needs a more robust legal campaign to prevent China’s growing body of cybersecurity regulations from disrupting international business data flows. → Read More
The South China Sea and China's "Four Sha" Claim: New Legal Theory, Same Bad Argument
China may abandon the "Nine-Dash Line" claim in the South China Sea, but it's not abandoning its bad legal arguments. → Read More
The South China Sea and China's "Four Sha" Claim: New Legal Theory, Same Bad Argument
China may abandon the "Nine-Dash Line" claim in the South China Sea, but it's not abandoning its bad legal arguments. → Read More
The 18 FISA Court Opinions on Section 702: Summaries
Brief summaries of all 18 opinions. → Read More
Don’t Look Now but President Trump Named a New FBI Director
President Trump announced that he plans to nominate Christopher Wray as the new Director of the FBI. → Read More
China’s Cyberspace Administration Attempts to Calm Jittery Businesses
After months of international consternation, China’s cybersecurity law (CSL) went into effect today. For a deep dive on what foreign companies should expect from the law, see Samm Sacks’s excellent piece posted to Lawfare this morning. I first wrote about the law in November of last year, concluding that: → Read More
Last Week at the Military Commissions
The Military Commissions were busy last week in the case against Khalid Sheikh Mohammed, Walid bin Attash, Ramzi bin al-Shibh, Ammar al-Baluchi, and Mustafa Ahmad al Hawsawi. → Read More
China's New Guidance Further Restricts the Transfer of Digital Information
An overview of the draft data transfer guidance issued last week by China's Cyberspace Administration. → Read More
As the U.S. Considers a North Korea Strike, Let’s Not Forget that China Has Promised to Defend North Korea from an Armed Attack
As tensions between the United States and the DPRK continue to rise, too few analysts are considering the danger of China intervening militarily in response to a U.S. strike on the DPRK’s nuclear weapons and missile programs. → Read More
To Split or Not to Split: The Future of CYBERCOM’s relationship with NSA
The 2017 NDAA paves the way for CYBERCOM to be elevated to a fully independent unified combatant command and maintains a more hotly contested opportunity for CYBERCOM to be split from the NSA. → Read More
Did China Quietly Authorize Law Enforcement to Access Data Anywhere in the World?
President Trump is scheduled to meet with Chinese president Xi Jinping next month. The White House may want to use the two-day summit to seek a point of clarification: Is Chinese law enforcement authorized to remotely access data located outside its jurisdiction? On September 20, 2016 the Supreme People’s Court, Supreme People’s Procuratorate (China’s prosecutor), and the Public Security Bureau… → Read More
This Week at the Military Commissions, 3/9 Session: A Timeline for Discovery
Our usual crew returns to Nashiri where we left them on the 8th—debating a timeline for discovery. Judge Spath issues two orders with relative ease before diving into discovery: (1) determining that Nashiri’s decision not to attend the day’s hearing was knowing and voluntary and (2) deciding that one of the consultants—Mr. Rex Plant—will be allowed to enter the courtroom and to access members of… → Read More
Tracking Compliance with the South China Sea Arbitral Award: China’s 2017 Summer Fishing Moratorium May Rekindle Conflict with the Philippines
Last week, Chinese media reported that the Chinese Ministry of Agriculture has promulgated a summer fishing moratorium that includes many parts of the South China Sea. An arbitral tribunal formed pursuant to the UN Convention for the Law of the Sea decided this past July that a substantially similar 2012 fishing moratorium disregarded the Philippines’ sovereign rights to manage the living… → Read More
Water Wars: Close Flyby and Annual Report Rattle Sino-American Ties
The Pentagon announced that two Chinese J-11 fighter jets came within fifty feet of an American EP-3 Aries reconnaissance plane over the South China Sea, forcing the reconnaissance plane to descend two hundred feet to avoid a collision. The Department of Defense called the Chinese interception “unsafe,” saying that the reconnaissance plane was carrying out “a routine U.S. patrol.” Department of… → Read More
Understanding China’s Foreign NGO Activities Law
Western and Chinese officials have battled over the meaning of China’s new Law on Foreign Non-Governmental Organizations’ Activities within Mainland China (NGO law) since it was recently approved by the National People’s Congress (NPC). Outside of China, many have argued that the law is designed to further restrict Chinese civil society. The White House, for example, expressed its “deep[]… → Read More