Kristen Eichensehr
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keichensehr.bsky.social
Kristen Eichensehr
@keichensehr.bsky.social
Law professor. Editor @justsecurity.org. Working on foreign relations, cybersecurity, and national security.
Pinned
New from me and Ashley Deeks: "Federalism and the New National Security." Forthcoming with the Harvard Law Review.

Comments welcome!

papers.ssrn.com/sol3/papers....
New from me and Ashley Deeks: "Federalism and the New National Security." Forthcoming with the Harvard Law Review.

Comments welcome!

papers.ssrn.com/sol3/papers....
March 3, 2025 at 3:42 PM
"The U.S. Needs More Disagreement on National Security Policy" w/@uvalaw.bsky.social colleague Ashley Deeks: thehill.com/opinion/5056.... Bottom line: "policies born of too much agreement, and too little dissent, bring their own risks," like escalating conflict & unlawfully targeting minority groups
thehill.com
January 6, 2025 at 4:31 PM
Always a pleasure to talk with @lawfare.bsky.social and @sranderson.bsky.social! For those who may be interested, here's the article we discuss: virginialawreview.org/articles/fri...
December 19, 2024 at 3:44 PM
Reposted by Kristen Eichensehr
Starting a new (free) substack today with Bob Bauer, called "Executive Functions." We're covering executive power issues in detail.
Welcome here: executivefunctions.substack.com/p/welcome-to...
Please subscribe here: executivefunctions.substack.com/subscribe
First substantive piece tomorrow.
Welcome to Executive Functions
Today we begin this (free) Substack newsletter, Executive Functions, devoted to coverage of presidential and broader executive power issues.
executivefunctions.substack.com
December 18, 2024 at 8:16 PM
Now out in the Virginia Law Review: In "Frictionless Government and Foreign Relations," Ashley Deeks & I explain how foreign policy can go off the rails when too much agreement leads political & structural checks to break down--and how to avoid that fate. virginialawreview.org/articles/fri...
Frictionless Government and Foreign Relations - Virginia Law Review
In an era defined by partisan rifts and government gridlock, many celebrate the rare issues that prompt bipartisan consensus. But extreme consensus should sometimes trigger concern, not celebration. W...
virginialawreview.org
December 13, 2024 at 1:54 PM
"China’s Critical Minerals Embargo Is Even Tougher Than Expected"--namely because it applies not just to the US, but "to companies in other countries that transfer minerals to American firms after acquiring them from China"
www.nytimes.com/2024/12/09/b...
China’s Critical Minerals Embargo Is Even Tougher Than Expected
Beijing ordered companies around the world not to allow critical minerals mined in China to reach the U.S., while deepening its efforts to replace imports with domestic products.
www.nytimes.com
December 10, 2024 at 8:01 PM
Helpful overview of how massive amounts of publicly available and hacked personal data + AI = huge increases in cybercrime and national security concerns--and how state and federal government agencies are trying to mitigate the threat.
New from me, gift link from Post marketing: Privacy and security are under the worst threat ever as AI lets governments and crooks leverage vast databases of sensitive personal information. wapo.st/4gh58dD
AI, huge hacks leave consumers facing a perfect storm of privacy perils
Nearly unlimited, highly personal information is available for anyone willing to pay. AI provides many ways to turn that into illicit profit or undermine national security.
wapo.st
December 3, 2024 at 8:40 PM
Reposted by Kristen Eichensehr
1/ On Kash Patel and the Underappreciated Federal Vacancies Reform Act: A NYT article today about Trump nominees and Senate independence worries that Trump could “erode the Senate’s authority to pass judgment on nominees by,” among other things, “sidestepping it through recess appointments.”
December 1, 2024 at 6:07 PM
Many countries are learning from the Russia case--both how to use economic tools of national security and how to insulate themselves against measures that might be imposed on them: www.wsj.com/world/china/...
Exclusive | China Is Studying Russia’s Sanctions Evasion to Prepare for Taiwan Conflict
An interagency group set up in the wake of the Ukraine invasion has been reporting back to Beijing with lessons it can use in case of war and Western penalties.
www.wsj.com
December 1, 2024 at 3:47 PM
Reposted by Kristen Eichensehr
Giving Thanks: Fred Schauer, https://buff.ly/3Z8GK72 - Follow the link for the LTB post. Here is the start: It is a Legal Theory Blog tradition for me to express my thanks and gratitude on Thanksgiving Day. This year my choice was especially clear.
buff.ly
November 28, 2024 at 2:02 PM
Last time “the Chinese government took mostly symbolic and equivalent measures after U.S. tariffs and trade restrictions. This time, China is poised to escalate its responses … and could aim aggressive and targeted countermeasures at American companies.” www.nytimes.com/2024/11/27/b...
China Has a New Playbook to Counter Trump: ‘Supply Chain Warfare’
A series of swipes at American companies show how China could take the initiative in a new trade war, using its economic dominance to exact pain.
www.nytimes.com
November 28, 2024 at 12:01 AM
Reposted by Kristen Eichensehr
I wrote a book with Judge Jon Newman of the Second Circuit . . .

“Written & Unwritten: The Rules, Internal Procedures, and Customs of the United States Courts of Appeals”

. . . and it’s now out!
November 22, 2024 at 3:26 PM
Reasons to worry about your neighbors’ cybersecurity: “‘you have an attacker that’s extremely far away and essentially broke into other organizations in the US in physical proximity to the intended target, then pivoted over Wi-Fi to get into the target network across the street,’ says Adair.”
Russian spies—likely Russia's GRU intelligence agency—used a new trick to hack a victim in Washington, DC: They remotely infected another network in a building across the street, hijacked a laptop there, then breached the target organization via its Wifi. www.wired.com/story/russia...
Russian Spies Jumped From One Network to Another Via Wi-Fi in an Unprecedented Hack
In a first, Russia's APT28 hacking group appears to have remotely breached the Wi-Fi of an espionage target by hijacking a laptop in another building across the street.
www.wired.com
November 22, 2024 at 1:45 PM
A remarkable story about long-delayed closure and the power of friendship in horrible circumstances: wapo.st/4fQ6TOI
A century later, a taped message solves the mystery of a WWI doughboy’s death
I wrote about my great-uncle Foster Stevens, who was killed nine days before the Nov. 11, 1918, armistice that ended World War I. Now we know about the man who was with him when he died.
wapo.st
November 19, 2024 at 2:36 PM
Reposted by Kristen Eichensehr
All in one: A Starter Pack of all the experts on our Board of Editors who've now joined Bluesky!

#FollowFriday

go.bsky.app/JsUapJR
November 15, 2024 at 3:56 PM
Reposted by Kristen Eichensehr
What will Trump do with Biden's cyber agenda? Say goodbye to critical infrastructure security regulations, anti-spyware efforts, and AI safety, and say hello to more hacking against China.

My new story for @wired.com: www.wired.com/story/trump-...
November 14, 2024 at 2:40 PM
Skywriting!
I have just been told that what we’re doing here is “skeeting.”

How is it not **SKYWRITING**?!
November 13, 2024 at 2:33 AM
Reposted by Kristen Eichensehr
Here's a National Security and Foreign Relations starter pack!

go.bsky.app/AGqJL7Z
November 10, 2024 at 4:54 PM
Reposted by Kristen Eichensehr
Hello, Bluesky! I'm going to start posting/interacting here more regularly.

I've created a "Starter Pack" of legal experts and analysts to follow and learn from:

go.bsky.app/KkfPPiN
November 9, 2024 at 10:15 PM
Reposted by Kristen Eichensehr
OK - so here's a first go at a global tech and economic security starter pack - let me know who else go.bsky.app/QhUsZTG
November 11, 2024 at 2:02 AM
Reposted by Kristen Eichensehr
go.bsky.app/DVWzYxf

Work in progress
November 10, 2024 at 10:23 PM
New from me and Ashley Deeks: “Frictionless Government and the National Security Constitution”

www.justsecurity.org/104255/frict...
Frictionless Government and the National Security Constitution
On the benefits of friction in foreign-affairs policymaking. Part of a Symposium on Harold Hongju Koh's "The National Security Constitution."
www.justsecurity.org
October 28, 2024 at 1:46 PM
New from me and the great Ashley Deeks: “Frictionless Government and Foreign Relations” is forthcoming with the Virginia Law Review. Comments welcome! papers.ssrn.com/sol3/papers....
Frictionless Government and Foreign Relations
In an era defined by partisan rifts and government gridlock, many celebrate the rare issues that prompt bipartisan consensus. But extreme consensus should somet
papers.ssrn.com
February 21, 2024 at 2:01 PM
The law enforcement “coalition then used the group’s site to mimic its previous operation and begin leaking information about LockBit, posting a countdown timer for files still to come, including one teasing forthcoming information about the anonymous frontman for the gang.”
The UK worked with the U.S. and other countries to seize control of the infrastructure of the world's most pernicious ransomware gang, LockBit. Epic trolling ensues. (Gift link.) wapo.st/3OPebYa
11-nation operation takes down world’s ‘most harmful’ cybercriminal group
LockBit’s ransomware has been used to extort more than $120 million in ransom payments from victims, the U.S. Justice Department said.
wapo.st
February 21, 2024 at 12:51 AM
Reposted by Kristen Eichensehr
Yeah, there are going to be more SVR email breaches disclosed. Gift link. wapo.st/47Qi3yC
More companies expected to disclose email hacks by Russian intelligence
Two major cloud service providers, Microsoft and Hewlett Packard Enterprise, have disclosed breaches in the last week.
wapo.st
January 27, 2024 at 12:02 AM