The Obama administration’s central strategy against strong encryption seems to be waging war on the companies that are providing and popularizing it: most notably Apple and Google.

The intimidation campaign got a boost Thursday when a blog that frequently promotes the interests of the national security establishment raised the prospect of Apple being found liable for providing material support to a terrorist.

Benjamin Wittes, editor-in-chief of the LawFare blog, suggested that Apple could in fact face that liability if it continued to provide encryption services to a suspected terrorist. He noted that the post was in response to an idea raised by Sen. Sheldon Whitehouse, D-R.I., in a hearing earlier this month.

“In the facts we considered,” wrote Wittes and his co-author, Harvard law student Zoe Bedell, “a court might — believe it or not — consider Apple as having violated the criminal prohibition against material support for terrorism.”

Our state security apparatus is truly lawless, and this is an inherent feature of these instutions.

In order to prevent them from doing this, there needs to be meaningful civilian oversight, and transparency.

Unfortunately, very few people in the civilian power structure want anything to do with meaningful oversight or transparency.