Digital Commons Network^™

Congressional Cybersecurity Oversight: Who’S Who And How It Works, Lawrence J. Trautman

Lawrence J. Trautman Sr.

Cybersecurity remains perhaps the greatest challenge to the economic and physical well being of governments, individuals, and business worldwide. During recent months the United States has witnessed many disruptive and expensive cyber breaches. No single U.S. governmental agency or congressional committee maintains primary responsibility for the numerous issues related to cybersecurity. Good oversight stands at the core of good government. Oversight is Congress’s way of making sure that the administration is carrying out federal law in the way Congress intended. So many aspects of cybersecurity have the potential for use by: terrorists; by foreign entities as a tool to conduct …

Cybersecurity: What About U.S. Policy?, Lawrence J. Trautman

Lawrence J. Trautman Sr.

During December 2014, just hours before the holiday recess, the U.S. Congress passed five major legislative proposals designed to enhance U.S. cybersecurity. Following signature by the President, these became the first cybersecurity laws to be enacted in over a decade, since passage of the Federal Information Security Management Act of 2002. My goal is to explore the unusually complex subject of cybersecurity policy in a highly readable manner. An analogy with the recent deadly and global Ebola epidemic is used to illustrate policy challenges, and hopefully will assist in transforming the technological language of cybersecurity into a more easily understandable …

Managing Cyberthreat, Lawrence J. Trautman

Lawrence J. Trautman Sr.

Cyber security is an important strategic and governance issue. However, because most corporate CEOs and directors have no formal engineering or information technology training, it is understandable that their lack of actual cybersecurity knowledge is problematic. Particularly among smaller companies having limited resources, knowledge regarding what their enterprise should actually be doing about cybersecurity can’t be all that good. My goal in this article is to explore the unusually complex subject of cybersecurity in a highly readable manner. First, an examination of recent threats is provided. Next, governmental policy initiatives are discussed. Third, some basic tools that can be used …

Whose Metadata Is It Anyways? Why Riley V. California Illustrates That The National Security Administration's Bulk Data Collection Is A Fourth Amendment Problem, Jesse S. Weinstein

Jesse S Weinstein

No abstract provided.

Abidor V. Napolitano: Suspicionless Cell Phone And Laptop Searches At The Border Compromise The Fourth And First Amendments, Adam Lamparello, Charles Maclean

Adam Lamparello

The article explores the December 31, 2013 Abidor decision where the federal district court upheld the ongoing application of the border search exception as applied to deep, forensic searches of laptops and other digital devices. That exception allows suspicionless searches of any persons, effects, and “closed containers” crossing a border into the United States, and laptops and external hard drives are generally considered “closed containers” under the border search exception. We argue that the border search exception, grounded as it is in pre-digital age fact patterns, should no longer serve as precedent for border searches of the immense memories of …

Ebola And Bioterrorism, Joshua P. Monroe

Joshua P Monroe

This paper will be a comparison of the United States government’s reaction to the recent outbreak of Ebola and will compare this response with the potential response by the United States government toward an act of biological or chemical warfare. The paper will analyze these responses from a cultural, political, legal, and policy standpoint

A Failure To Consider: Why Lawmakers Create Risk By Ignoring Trade Obligations, David R. Kocan Professor

David R. Kocan Professor

The U.S. Congress frequently passes laws facially unrelated to trade that significantly impact U.S. trade relations. These impacts are often harmful, significant, and long-lasting. Despite this fact, these bills rarely receive adequate consideration of how they will impact trade. Without this consideration, Congress cannot properly conduct a cost-benefit analysis necessary to pass effective laws. To remedy this problem, the U.S. Trade Representative should evaluate U.S. domestic law to determine whether it is consistent with international trade obligations. Moreover, the U.S. Congress committee structure should be amended so that laws that might impact trade are considered within that light. In the …

Cipa V. State Secrets: How A Few Mistakes Confused Two Important National Security Privileges, Elisa Poteat

Elisa Poteat

No abstract provided.

The Fourth Amendment's National Security Exception: Its History And Limits, L. Rush Atkinson

L. Rush Atkinson

Each year, federal agents conduct thousands of “national security investigations” into suspected spies, terrorists, and other foreign threats. The constitutional limits imposed by the Fourth Amendment, however, remain murky, and the extent to which national security justifies deviations from the Amendment’s traditional rules is unclear. With little judicial precedent on point, the gloss of past executive practice has become an important means for gauging the boundaries of today’s national security practices. Accounts of past executive practice, however, have thus far been historically incomplete, leading to distorted analyses of its precedential significance. Dating back to World War II, national security investigations …

Mandatory Foreign Language Training For All Military Members, Samuel W. Bettwy

Samuel W Bettwy

For too long now, DOD and the military services have been paying lip service to the need for foreign language capability across all ranks. It’s about time that DOD made real progress by mandating foreign language instruction at all levels of military training and schooling and by obtaining the funding needed to expand DLI’s mission to include meaningful language instruction for all servicemembers, both linguists and non-linguists. And by the way, shouldn’t the service academies make foreign language proficiency a requirement for graduation?

Multinational Corporations Are Overlooked Players In Stability, Security, Transition And Reconstruction Operations, Samuel W. Bettwy

Samuel W Bettwy

It has long been acknowledged that multinational corporations have acquired legal personality under international law. Unlike states, however, MNCs are not precluded by notions of sovereignty and territorial inviolability. In the narrative of rogue and failing states and the emerging international norm of humanitarian intervention, most observers characterize MNCs as villainous predators. In states that have a permissive regulatory environment, MNCs exploit cheap labor, enable authoritarian regimes, and pollute the environment. Some observers believe that MNCs are also positive forces that contribute to the economic and political stability of the state and its people. Either way, combatant commanders need to …

Smart Power For Hard Problems: The Role Of Special Operation Forces Strengthening The Rule Of Law And Human Rights In Africa, Kevin H. Govern

Kevin H. Govern

This article will assess the roles and responsibilities of Special Operations Forces (SOF) within the newly created U.S. Africa Command (AFRICOM) as an active proponent of a so-called “smart power” national security strategy. In particular, it will outline the economic, political, and military challenges faced in Africa; specifically, how and why SOCAFRICA is the U.S. force of choice for promoting human rights and rule of law in Africa. With the goals of the U.S. military in mind, questions will necessarily arise as to “what success looks like” for both the U.S. and African nations, and the roles of each in …

Threats Escalate: Corporate Information Technology Governance Under Fire, Lawrence J. Trautman

Lawrence J. Trautman Sr.

In a previous publication The Board’s Responsibility for Information Technology Governance, (with Kara Altenbaumer-Price) we examined: The IT Governance Institute’s Executive Summary and Framework for Control Objectives for Information and Related Technology 4.1 (COBIT®); reviewed the Weill and Ross Corporate and Key Asset Governance Framework; and observed “that in a survey of audit executives and board members, 58 percent believed that their corporate employees had little to no understanding of how to assess risk.” We further described the new SEC rules on risk management; Congressional action on cyber security; legal basis for director’s duties and responsibilities relative to IT governance; …

The Value Of Government Mandated Location-Based Services In Emergencies In Australia, Anas Aloudat, Katina Michael, Roba Abbas, Mutaz M. Al-Debei

Dr. Mutaz M. Al-Debei

The adoption of mobile technologies for emergency management has the capacity to save lives. In Australia in February 2009, the Victorian Bushfires claimed 173 lives, the worst peace-time disaster in the nation’s history. The Australian government responded swiftly to the tragedy by going to tender for mobile applications that could be used during emergencies, such as mobile alerts and location services. These applications, which are becoming increasingly accurate with the evolution of positioning techniques, have the ability to deliver personalized information direct to the citizen during crises, complementing traditional broadcasting mediums like television and radio. Indeed governments have a responsibility …

Terrorist Expatriation Act: Reformulating The Effort To Fight Citizen-Terrorists, Matthew Vesterdahl

Matthew Vesterdahl

The United States government has the standing authority to take away a United States citizens’ citizenship for committing certain expatriating acts, codified in the Immigration and Nationality Act of 1952. The Terrorist Expatriation Act (TEA) is a piece of legislation that proposes adding the joining of a terrorist organization, or engaging in or supporting hostilities against the United States, as an expatriating act. However, this legislation echoes a previous attempt, Section 501 of the so-called Patriot Act II, a never actually proposed draft of legislation that would have added similar language to the Immigration and Nationality Act and its list …

Iran And The Myth Of Deterrence, William Wunderle, Gabriel Lajeunesse

William Wunderle

Thos who argue deterrence is the answer to a nuclear Iran miss the point -- the real issue is not whether Iran can be deterred from use or transfer of a nuclear weapon, but rather how a weapon would enable Iran to transition from its current status as a malignant spoiler to that of a true global power and threat. http://www.huffingtonpost.com/william-wunderle/iran-and-the-myth-of-dete_b_478576.html

Foreign Surveillance And Incidental U.S. Communications: Concerns Of Amnesty V. Mcconnell, Tarik N. Jallad

Tarik N. Jallad

Even with the most recent amendments to the Foreign Intelligence Surveillance Act, questions still remain regarding the constitutional protections implicated during foreign and U.S. communications. In particular, Amnesty v. McConnell concerns the incidental U.S. communications that could be acquired during warrantless surveillance of a non-U.S. person overseas. While explicit Fourth Amendment protections are in place for U.S. citizens and permanent residents, the same is not true for the non-U.S. person located outside the nation’s borders. In conjunction with the 2008 Amendments Act, FISA attempts to adhere to the murky constitutional requirements demanded in this situation. However, some critics are not …

Plural Vision: International Law Seen Through The Varied Lenses Of Domestic Implementation, D. A. Jeremy Telman

D. A. Jeremy Telman

This essay introduces a collection of essays that have evolved from papers presented at a conference on “International Law in the Domestic Context.” The conference was a response to the questions raised by the U.S. Supreme Court’s decision in Medellín v. Texas and also a product of our collective curiosity about how other states address tensions between international obligations and overlapping regimes of national law.

Our constitutional tradition speaks with many voices on the subject of the relationship between domestic and international law. In order to gain a broader perspective on that relationship, we invited experts on foreign law to …

Al Maqaleh V. Gates: An Unworkable Application Of The Boumediene Factors, Tarik N. Jallad

Tarik N. Jallad

This paper analyzes the recent D.C. District Court decision in al Maqaleh v. Gates. The issue in al Maqaleh was whether the Suspension Clause of the U.S. Constitution reaches four detainees held at the Bagram military facility in Afghanistan. The court answers this question by invoking the three factors used in Boumediene v. Bush, splitting them into six factors and systematically applying each one to the alleged facts surrounding the Bagram detainees and their detention facility. In this application, the court relies primarily on a model, comparing on one hand, the facts and facility involved in the post-World War Two …

Countering Iranian Malign Influence: The Need For A Regional Response, William D. Wunderle, Gabriel C. Lajeunesse

William Wunderle

The behavior and the policies pursued by Iran’s current leadership pose profound and wide-ranging challenges to U.S. interests, the interests of its friends and allies, and the international community as a whole. Particularly concerning is Iran’s ability to foment instability through the use of terrorism. Recognizing this, the authors participated in a series of roundtables, discussions, and forums on Iranian Malign Influence. Participants included military and civilian experts from a number of Middle Eastern, European, and Central Asian countries, U.S. think tanks, and U.S. intelligence and interagency subject matter experts. This paper is a reflection of the insightful dialogue that …

Iran's Other Ticking Time Bomb, William Wunderle, Gabriel Lajeunesse

William Wunderle

With all the focus on Iran's nuclear-development program, one can forget that the Islamic Republic is also involved in a variety of subversive activities that could also plunge the states of the region into war. Iran's support of terror is not limited to Hezbollah or Hamas, but also extends to Iraq and Afghanistan, Turkey and Sudan, among other states, write these two visiting associates from Georgetown University's Institute for the Study of Diplomacy.

Developing A Coherent National Security Architecture, Gabriel C. Lajeunesse, William Wunderle

Gabriel C. Lajeunesse

Interagency Reform

National Security Challenges Will Require Undaunted Leadership, William Wunderle, Gabriel Lajeunesse

William Wunderle

We face a number of significant challenges to US security interests. One of the next administration’s first acts should be to introduce rigor into our national security processes.

Developing A Coherent National Security Architecture, William Wunderle, Gabriel Lajeunesse

William Wunderle

We face a number of significant challenges to U.S. security interests. One of the next administration's first acts should be to introduce rigor into our national security processes.

Agroterrorism And Ecoterrorism: A Survey Of Indo-American Approaches Under Law And Policy To Prevent And Defend Against The Potential Threats Ahead, Kevin H. Govern

Kevin H. Govern

“Agroterrorism is a subset of bioterrorism, and is defined as the deliberate introduction of an animal or plant disease with the goal of generating fear, causing economic losses, and/or undermining social stability.” Its partner in crime is ecoterrorism, “the use or threatened use of violence of a criminal nature against innocent victims or property by an environmentally-oriented, subnational group for environmental-political reasons, or aimed at an audience beyond the target, often of a symbolic nature.” Furthermore, “[a]s recently as June 2004, the FBI designated ‘eco-terrorism’ . . . as the [U.S.’] number one militant chal- lenge emanating from inside its …

Wind Power, National Security, And Sound Energy Policy, Prof. Elizabeth Burleson

Prof. Elizabeth Burleson

Wind-generated electricity in the United States has grown by more than 400 percent since 2000. According to the Department of Energy, 6 percent of US land could supply more than one and a half times the current electricity consumption of the country. Yet, challenges remain in matching demand for electricity with supply of wind as well as achieving grid parity. Careful wind turbine and transmission line siting can occur through cooperation between federal, state, tribal, and civil society participation in decision-making. Tribal wind initiatives have shown that developing wind power can also benefit rural communities. Congress should pass a national …

Bargaining In The Shadow Of Violence: The Npt, Iaea, And Nuclear Non-Proliferation Negotiations, Arsalan M. Suleman

Arsalan Suleman

The NPT non-proliferation regime is both a multilateral treaty of international law and a dispute system designed to manage conflict over the use of nuclear technology. The system seeks to balance the competing desires of member-states to have access to peaceful nuclear technology and to provide national security. In the course of implementation, the system must handle disputes over alleged violations of the NPT and IAEA safeguards agreements. Negotiations, crucial to the functioning of the NPT dispute system, are undertaken in the shadow of the law and the shadow of violence. The NPT and any relevant agreement signed with the …

Strategic Planning For Combating Terrorism: A Critical Examination, Arsalan Suleman

Arsalan Suleman

This article engages in a thorough assessment of the Bush Administration's main security strategy documents related to combating terrorism, namely the 2002 and 2006 National Security Strategy documents, the 2003 National Strategy for Combating Terrorism, and the 2006 National Military Strategic Plan for the War on Terrorism. First, the article assesses the value and importance of strategy documents and the utility in analyzing them. Second, the strategies are analyzed based on the process by which they were authored, the structural elements of the strategy, and the strategy's content. Third, the article discusses the overall content of counter-terrorism strategy and makes …

Tribal, State, And Federal Cooperation To Achieve Good Governance, Prof. Elizabeth Burleson

Prof. Elizabeth Burleson

Jurisdictional uncertainty affects tribal sovereignty and public safety. Management of natural resources remains one of the few realms of authority over which tribes have retained control. Ancient wild rice harvesting by the Chippewa provides a context in which to consider a tribes ability to set water standards, as does Pueblo ceremonial use of the Rio Grande River. Cooperative tribal, state, federal, and international responses to the Methamphetamine crisis can address both environmental and human health. This study examines the prospect for integrated protection of health and habitat based upon comity and cooperation. It examines the parameters of homeland security and …

Multilateral Climate Change Mitigation, Prof. Elizabeth Burleson

Prof. Elizabeth Burleson

A long-term framework to address climate change is within political reach. This article examines how greenhouse gas mitigation can occur across economic and political fault lines. Climate is a public good requiring the development of an energy strategy based upon international cooperation, energy efficiency, and sustainable technological development.