Benjamin Wittes

Benjamin Wittes

Biography: 

Benjamin Wittes is a senior fellow in governance studies at the Brookings Institution and codirector of the Harvard Law School–Brookings Project on Law and Security. His most recent publication is Speaking the Law (Hoover Institution Press 2013), cowritten with Kenneth Anderson. He is the author of Detention and Denial: The Case for Candor after Guantanamo, published in November 2011 by the Brookings Institution Press, and coeditor of Constitution 3.0: Freedom and Technological Change (forthcoming). He is also the author of Law and the Long War: The Future of Justice in the Age of Terror, published in June 2008 by Penguin Press, and the editor of the 2009 Brookings book Legislating the War on Terror: An Agenda for Reform. He cofounded and cowrites the Lawfare blog (http://www.lawfareblog.com/), which is devoted to nonideological discussions of hard national security choices, and is a member of the Hoover Institution's Task Force on National Security and Law.

His previous books include Starr: A Reassessment, published in 2002 by Yale University Press, and Confirmation Wars: Preserving Independent Courts in Angry Times, published in 2006 by Rowman & Littlefield and the Hoover Institution.

Between 1997 and 2006, he served as an editorial writer for the Washington Post specializing in legal affairs. Before joining the editorial-page staff of the Washington Post, Wittes covered the Justice Department and federal regulatory agencies as a reporter and news editor at Legal Times. His writing has also appeared in a wide range of journals and magazines, including the AtlanticSlate, the New Republic, the Wilson Quarterly, the Weekly StandardPolicy Review, and First Things.

Benjamin Wittes was born November 5, 1969, in Boston, Massachusetts, and graduated from Oberlin College in 1990. He has a black belt in tae kwon do.

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Recent Commentary

Analysis and Commentary

The Government Responds To Apple

by Benjamin Wittesvia Lawfare
Thursday, March 10, 2016

Here's the brief, which I haven't read yet.

Analysis and Commentary

Lisa Monaco Speaks At CFR

by Benjamin Wittesvia Lawfare
Wednesday, March 9, 2016

White House counterterrorism czar Lisa Monaco spoke the other day at the Council on Foreign Relations.

Analysis and Commentary

A Trans-Atlantic Town Hall Dialogue With Germans On Data Privacy

by Benjamin Wittesvia Lawfare
Monday, March 7, 2016

Last month, I was asked to participate in a genuinely unusual radio experiment: a trans-Atlantic town hall meeting hosted by PRI's America Abroad simultaenously in Austin Texas and Berlin. The subject was data privacy.

Analysis and Commentary

The Lawfare Podcast: Apple V. FBI At The Wilson Center

by Benjamin Wittesvia Lawfare
Saturday, March 5, 2016

This week on the Lawfare Podcast, the Wilson Center takes on the Apple v. FBI controversy in a panel entitled “Will They or Won’t They? Understanding the Encryption Debate.”

Analysis and Commentary

Why Does Apple Think Telegram Is "Pernicious"?

by Benjamin Wittesvia Lawfare
Friday, March 4, 2016

I have a lot to say about this week's House Judiciary Committee, at which both FBI Director James Comey and Apple general counsel Bruce Sewell testified. I'll write up some general thoughts over the next few days.

Analysis and Commentary

Rational Security: The "It's A Feature Not A Bug" Edition

by Benjamin Wittesvia Lawfare
Friday, March 4, 2016

A New York magistrate judge says the government can’t force Apple to help the FBI extract information from an iPhone. Forty percent of analysts at the U.S. military’s Central Command say the “integrity” of their reports is flawed. 

Analysis and Commentary

e-Residency In Estonia, Part III: Wherein I Use My New Digital Identity Card To Swap Letters With The President

by Benjamin Wittesvia Lawfare
Friday, March 4, 2016

The other day, I received a letter from Estonian President Toomas Hendrik Ilves. It came in the form of an unadorned Microsoft Word file called "wittes.docx." It did not bear President Ilves's John Hancock. Nor was it on the letterhead of the office of the Estonian Presidency.

Analysis and Commentary

Trump As National Security Threat

by Benjamin Wittesvia Lawfare
Wednesday, March 2, 2016

I don’t, as a rule, endorse political candidates. I don’t do work for campaigns. I have never given a dime to a candidate—for any office. I have never signed up to be an adviser to one either.

Analysis and Commentary

Questions For Apple

by Susan Hennessey, Benjamin Wittesvia Lawfare
Tuesday, March 1, 2016

The House Judiciary Committee at 1:00 pm is holding a hearing at which FBI Director James Comey and Apple General Counsel Bruce Sewell will both testify on going dark matters. Here's the live video.

Analysis and Commentary

Estonian Digital Residency Update IV: The President Weighs In On "Going Dark"

by Benjamin Wittesvia Lawfare
Tuesday, March 1, 2016

The FBI v. Apple flap exploded on the public scene just as I was learning my way around my new Estonian e-Residency card, which promises—among other things—secure communications between card holders. I am currently working on the next piece in my series about Estonian e-Residency, so more on the...

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