Digital Commons Network^™

Remembering The Lessons Of 9/11: Preserving Tools And Authorities In The Fight Against Terrorism, Congressman Peter T. King

Journal of Legislation

As Chairman of the Subcommittee on Counterterrorism and Intelligence, a Member of the House Permanent Select Committee on Intelligence, and a Con- gressman from New York, 9/11 was a very personal experience that continues to resonate with me. I lost over 150 neighbors, friends and constituents on September 11th, but no one has a monopoly on grief. This issue went to the soul of the entire country, and touches our lives nearly 15 years later. That day forces us to acknowledge, whether some of us want to or not, that we have an unyielding enemy, vicious and bitter, that will …

The Incitement Of Terrorism On The Internet: Legal Standards, Enforcement, And The Role Of The European Union, Ezekiel Rediker

Michigan Journal of International Law

Consider this sentence: “The Shining Path is a heroic organization.” Over the past thirty years, the Shining Path has waged a violent guerilla war against the Peruvian government, prompting the European Union to designate the group as a terrorist organization. In certain European countries, speech inciting or glorifying terrorist organizations is criminalized. As a result, citizens risk prosecution if they do not carefully limit what they say about the Shining Path, or other terrorist organizations. But where does free speech end and incitement to terrorism begin? The debate over free speech and incitement to terrorism is actively being played out …

Law Of War Developments Issue Introduction, David Glazier

Loyola of Los Angeles Law Review

No abstract provided.

The Nsa In Global Perspective: Surveillance, Human Rights, And International Counterterrorism, Peter Margulies

Fordham Law Review

No abstract provided.

Psychological Operations And Terrorism: The Digital Domain, Rodger A. Bates, Mara Mooney

The Journal of Public and Professional Sociology

Within the domain of asymmetric warfare, few struggles are won or lost by decisive military battles. Most struggles are decided by a combination of military and political means. Specifically, much of the political leverage is derived from effective psychological operations. The digital domain increasingly has emerged as a major component of this battleground and analysis provides important insights into propaganda and collective behavior in the 21^st Century.

Much Ado About Cyber-Space: Cyber-Terrorism And The Reformation Of The Cyber-Security, Christian Pedersen

Pepperdine Policy Review

The threats residing in cyber-space are becoming well understood by policymakers and security experts alike. However, cyber-security defenses and strategies cannot solely be directed towards nation states, as non-governmental actors – such as transnational crime groups and terrorist organizations are becoming increasingly reliant upon internet technologies. Attacks on the digital components of the critical infrastructure, have the potential to unleash devastation on the United States. In a time when reliability and ethnicity of the National Security Administration, the Nation’s leading digital intelligence organization, are becoming increasingly questioned; defensive measures need to be improved to prevent future attacks and improve the …

The Role Of Counterterrorism Law In Shaping Ad Bellum Norms For Cyber Warfare, William Banks

International Law Studies

No abstract provided.

Cyber War And International Law: Does The International Legal Process Constitute A Threat To U.S. Vital Interests?, John F. Murphy

International Law Studies

No abstract provided.

The Looming Threat Of Cyberterrorism

Maryland Carey Law

Technology has the ability to make gray what was once the black letter of the law.

Cyberterrorism In The Context Of Contemporary International Law, Yaroslav Shiryaev

San Diego International Law Journal

The present Article addressed the legal issues surrounding cyberterrorism. In the first chapter, the author explains why cyberterrorism should be described as “the use of electronic networks taking the form of a cyber-attack to commit a) a substantive act criminalized by the existing legal instruments prohibiting terrorism, or b) an act of terrorism under international customary law.” Further, with a special emphasis on existing anti-terrorism conventions and customary international law, it was demonstrated which actors are likely to engage in acts of cyberterrorism (non-state actors, corporations and individuals), as well as which targets are protected by law and which aims …

Standing Our Ground: A Study Of Southeast Asian Counterterrorism Conventions Contributing To A Peaceful Existence, Major Dennis Hager

University of Miami National Security & Armed Conflict Law Review

Less than a year after the September 11th attacks on New York and Washington D.C., terrorist groups in Southeast Asia carried out a number of high profile attacks in the region. In an area ripe for global terrorism the effects of counter‐terrorism conventions can be measured and the possibility of progress in the global war observed. The regional cooperation inherent in these conventions has been crucial to the success of peace for this region, and is especially significant considering the immense cultural and political differences among these nations.

With fourteen official languages and over 500 million people living in an …

After Osama Bin Laden: Assassination, Terrorism, War, And International Law, Louis Rene Beres

Case Western Reserve Journal of International Law

No abstract provided.

Marginal Refuge: The Ramifications Of Terrorism For An Unsustainable United States Asylum Policy, Michael D. Yanovsky Sukenik

University of Miami Law Review

No abstract provided.

The Word On Terrorism Threat As Terrorism Threat, Ibpp Editor

International Bulletin of Political Psychology

The author discusses terrorism (and terms associated with it), considering the social rhetoric surrounding the terms as well as other potential meanings. The constraints of the words used to define these terms of terror are considered.

Terrorism's Proscription And Core Elements Of An Objective Definition, Jordan J. Paust

Santa Clara Journal of International Law

This essay identifies core elements of an objective definition of terrorism as well as various words and phrases that others have used that are not part of an objective definition. In particular, an objective definition of terrorism must involve an intent of the perpetrator to produce a terror outcome as well as the existence of a terror outcome. The international community has recognized that terrorism is an international crime at least since 1985, but the community has been unable to agree on a definition or various core elements of a definition. This essay provides a possible basis for agreement by …

The Terrorist Is A Star!: Regulating Media Coverage Of Publicity-Seeking Crimes, Michelle Ward Ghetti

Federal Communications Law Journal

Publicity-seeking crimes, including terrorism, almost by definition depend on the media for their effectiveness. Twenty-five years ago, when the bulk of this article was written, critics both within and outside the news industry had begun to voice an awareness, if not a concern, for the ease with which such criminals obtained publicity on both a national and international platform and it looked as if something might be done within the media establishments to thwart this manipulation of the press. Today, it is possible to look back and see that, in fact, nothing has been done and, so, individuals such as …

Sacred Violence: Religion And Terrorism, Jessie Hill, Adam F. Kimney

Case Western Reserve Journal of International Law

No abstract provided.

The R.F.I.D. Act Of 2006 And E-Pedigrees: Tackling The Problem Of Counterfeit Drugs In The United States Wholesale Industry, Suchira Ghosh

Michigan Telecommunications & Technology Law Review

Gaps within the drug distribution system make it increasingly vulnerable to bad actors, such as counterfeiters and terrorists. Congress intended the Prescription Drug Marketing Act (PDMA) of 1987 to close these gaps, but the PDMA has not fully succeeded. Important PDMA provisions that require tracking of drugs throughout the distribution chain in the form of "pedigrees" were set to be implemented as of Dec. 1, 2006, although a recent court order has stayed complete implementation. However, these PDMA requirements do not apply uniformly to all drug distributors in the United States. Moreover, since paper pedigrees can be forged, the pedigree …

The Evolution Of Internet Legal Regulation In Addressing Crime And Terrorism, Murdoch Watney

Journal of Digital Forensics, Security and Law

Internet regulation has evolved from self-regulation to the criminalization of conduct to state control of information available, accessed and submitted. Criticism has been leveled at the different forms of state control and the methods employed to enforce state control. After the terrorist attack on the USA on 11 September 2001, governments justify Internet state control as a law enforcement and national security tool against the abuse and misuse of the Internet for the commission of serious crimes, such as phishing, child pornography; terrorism and copyright infringement. Some Internet users and civil rights groups perceive state control as an abomination which …

Practicing Globally: Extraterritorial Implications Of The Usa Patriot Act's Money-Laundering Provisions On The Ethical Requirements Of Us Lawyers In An International Environment, Pamella Seay

South Carolina Journal of International Law and Business

No abstract provided.

Let Privateers Marque Terrorism: A Proposal For A Reawakening, Robert P. Dewitte

Indiana Law Journal

No abstract provided.

Human Rights And The War On Terror: Complete 2005 - 2007 Topical Research Digest, Jack Donnelly, Simon Amajuru, Susannah Compton, Robin Davey, Syd Dillard, Amanda Donahoe, Charles Hess, Sydney Fisher, Kelley Laird, Victoria Lowdon, Chris Maggard, Alexandra Nichols, Travis Ning, Toni Panetta, Greg Sanders, James Smithwick, Angela Woolliams, Chris Saeger, Sarah Bania-Dobyns, Eric Dibbern, David Gillespie, Latife Bulur, Katie Friesen, Arika Long, Arianna Nowakowski, Joel R. Pruce

Human Rights & Human Welfare

“9/11 changed everything.” Not really. In fact, there has been far more continuity than change over the past six years in both international and domestic politics. Nonetheless, human rights often have been harmed—although not by terrorism but by “the war on terror.”

What's International Law Got To Do With It? Transnational Law And The Intelligence Mission, James E. Baker

Michigan Journal of International Law

This Article describes a continuum of contemporary threats to U.S. national security, with a focus on nonstate terrorism. Part III addresses the role of intelligence and national security law, and in particular law addressed to process, in combating these threats. Good process advances the liberty and safety interests embodied in the concept of national security. Good process improves the quality of decision. It also enhances accountability, which in turn improves decision. Where good process is defined in law to include executive directive, it is better insulated from the immediate imperatives of secrecy and speed.

The Chilling Effect Of Government Surveillance Programs On The Use Of The Internet By Muslim-Americans, Dawinder S. Sidhu

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.

Influence In An Age Of Terror: A Framework Of Response To Islamist Influence Operations, John Deniston

Global Tides

Adversarial influence operations perpetrated by Islamist terrorist networks confront the most foundational of America’s national defense capabilities: the will of the American people to fight. This assertion is predicated on four key determinations. First, Islamist terrorist networks use influence operations as an integral tool of global jihad. Second, these adversarial influence operations should be perceived as attacks and, subsequently, should demand response. Third, a wide array of US Government tools and institutions currently exists to counter this challenge. Fourth, precision-strike doctrine and cyber-attack response frameworks provide instructional examples of methods to create a coordinated US Government response to such influence …

Anti-Terrorist Finance In The United Kingdom And United States, Laura K. Donohue

Michigan Journal of International Law

This Article adopts a two-tiered approach: it provides a detailed, historical account of anti-terrorist finance initiatives in the United Kingdom and United States-two states driving global norms in this area. It then proceeds to a critique of these laws. The analysis assumes-and accepts-the goals of the two states in adopting these provisions. It questions how well the measures achieve their aim. Specifically, it highlights how the transfer of money laundering tools undermines the effectiveness of the states' counterterrorist efforts-flooding the systems with suspicious activity reports, driving money out of the regulated sector, and using inappropriate metrics to gauge success. This …

Background For The “War On Terror”

Human Rights & Human Welfare

September 11 changed the United States’ understanding of terrorism. Prior to these attacks, Americans typically viewed terrorist events and actors through the lens of foreign affairs, quite removed from “everyday” concerns. Terrorist events involving Americans did occur, occasionally on American soil, but a sense of American invulnerability never truly wavered. September 11 challenged this presumption; as well as perspectives on the history of terrorism, compelling some to reexamine past events in order to find portents of the future tragedy.

Brave New World: U.S. Responses To The Rise In International Crime - An Overview, John F. Murphy

Villanova Law Review

No abstract provided.

Voyeur War? The First Amendment, Privacy & Images From The War On Terrorism, Clay Calvert

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Inciting Terrorism On The Internet: An Application Of Brandenburg To Terrorist Websites, Thomas E. Crocco

Saint Louis University Public Law Review

No abstract provided.