Digital Commons Network^™

National Security: The Social Implications Of The Politics Of Transparency, M G. Michael, Katina Michael

Faculty of Informatics - Papers (Archive)

This special issue of Prometheus is dedicated to the theme of the Social Implications of National Security Measures on Citizens and Business. National security measures can be defined as those technical and non-technical measures that have been initiated as a means to curb breaches in national security, irrespective of whether these might occur by nationals or aliens in or from outside the sovereign state. National security includes such government priorities as maintaining border control, safeguarding against pandemic outbreaks, preventing acts of terror, and even discovering and eliminating identification fraud. Governments worldwide are beginning to implement information and communication security techniques …

Bin Laden's War, David A. Westbrook

Buffalo Law Review

The GWOT/Global Jihad is different from prior conflicts (including the ideological struggle of the Cold War), and these differences have important strategic consequences which are not reflected in current US policy. First, US strategy has proceeded on traditional, and inapposite, understandings of the politics that informs this war. Second, radical neofundamentalism is a new form of political organization, attuned to a globalized world, with a distinctive form of violence quite different from the violence organized by the bureaucratic apparatus of a modern professional military grounded in a nation state. Third, the politics of radical neofundamentalism has strategic consequences. On the …

How To Skip The Constitution, David Cole

Georgetown Law Faculty Publications and Other Works

No abstract provided.

U.S. Asylum Law Out Of Sync With International Obligations: Real Id Act, Victor P. White

San Diego International Law Journal

Focusing on defensive asylum applications, this Comment examines whether certain provisions of REAL ID violate due process and international obligations to asylum seekers. Part I situates REAL ID within the historical context of nearly a decade of restrictive U.S. immigration law and over two decades of Executive Orders aimed at deterring a mass exodus of asylum seekers from reaching U.S. shores. Part II provides an overview of the U.S. asylum system and argues that the system produces inconsistent and sometimes arbitrary results, indicating that segments of the system do not satisfy international obligations. Part III outlines three provisions of REAL …

National Security And Immigration Policy: Reclaiming Terms, Measuring Success, And Setting Priorities, Margaret D. Stock

ExpressO

This paper offers a three-pronged framework for evaluating immigration-related security measures and tactics. First, does the measure or strategy relate to a legitimate security goal? Second, what does the measure propose to accomplish, will it be successful in achieving that end, and how can its success (or failure) be assessed? Third, is the measure worth the cost both in resources and opportunities foregone? The paper goes on to evaluate the US Government's recent implementation of the US-VISIT program against this framework.

U.S. And U.K. Approaches To The War On Terror: The Surveillance Of Religious Worship, Jodie A. Kirschner

University of Miami International and Comparative Law Review

No abstract provided.

The National Security Agency's Domestic Spying Program: Framing The Debate (Including Relevant Documents), David Cole, Martin S. Lederman

Indiana Law Journal

No abstract provided.

Toward An International Criminal Procedure: Due Process Aspirations And Limitations, Gregory S. Gordon

ExpressO

The breathtaking growth of international criminal law over the past decade has resulted in the prosecution of Balkan and Rwandan mass murderers, the development of a substantial body of atrocity law jurisprudence and the creation of a permanent International Criminal Court with jurisdiction over genocide, crimes against humanity, and war crimes. The growth of international criminal procedure, unfortunately, has not kept pace. Among its shortcomings, critics have pointed to lengthy pre-trial detention without a real possibility of provisional release, the use of affidavits and transcripts instead of live witnesses at trial, the absence of juries, and the right of prosecutorial …

Are You A Terrorist Or An American?:An Analysis Of Immigration Lawpost 9/11: Introduction, Mark A. Drumbl

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.

Domestic Surveillance For International Terrorists: Presidential Power And Fourth Amendment Limits, Richard H. Seamon

ExpressO

This article examines the recently disclosed, presidentially authorized program of warrantless electronic surveillance by the National Security Agency (NSA). Critics of the program say it violates the Foreign Intelligence Surveillance Act of 1978 (FISA) and the Fourth Amendment. Supporters counter that it falls within the President's congressionally irreducible power to protect national security and within the relaxed Fourth Amendment governing national security searches. This article focuses on an aspect of the controversy to which neither critics nor supporters have paid much attention: the connection between the issues of whether the NSA program violates FISA and whether it violates the Fourth …

In Case Of Emergency, David Cole

Georgetown Law Faculty Publications and Other Works

No abstract provided.

The People’S Agent: Executive Branch Secrecy And Accountability In An Age Of Terrorism, Sidney A. Shapiro, Rena I. Steinzor

Law and Contemporary Problems

Shapiro and Steinzor apply the agency theory to the question of how much secrecy is too much. They use the theory to evaluate the impact of burgeoning secrecy in the likelihood that the executive branch officials will engage in faithful and forceful implementation of statutory materials, particularly in the arenas of protecting public health, safety, and natural resources.

Bargaining For Privacy In The Unionized Workplace, Ann C. Hodges

Law Faculty Publications

This article considers whether collective bargaining can enhance privacy protection for employees in the United States. Employers are increasingly engaging in practices that invade employee privacy with few existing legal protections to limit their actions. While data on the extent of bargaining about privacy is limited, it appears that unions in the U.S. have primarily used the grievance and arbitration procedure to challenge invasions of privacy that lead to discipline of the employee instead of negotiating explicit contractual privacy rights. In contrast to the U.S., labor representatives in many other countries, particularly in the European Union, have greater legal rights …

Open Secrets: The Widespread Availability Of Information About The Health And Environmental Effects Of Chemicals, James W. Conrad Jr.

Law and Contemporary Problems

Conrad discusses the point of view of the chemical industry concerning when and how access to health effects information may be affected by financial interests. He argues that no qualitative distinction can be drawn between the financial and other incentives that might affect disclosure by for-profit entities and the incentives that might affect disclosure by other entities that may conduct, sponsor, or opine on scientific research.

Soap Box: If Katina Michael Could Send A Message To Government, It Would Be This..., K. Michael

Professor Katina Michael

No abstract provided.

The Social Implications Of Information Security Measures On Citizens And Business, K. Michael, M. G. Michael

Professor Katina Michael

The 2006 Workshop on the Social Implications of Information Security Measures on Citizens and Business was organised by the Research Network for a Secure Australia (RNSA) funded by the Australian Research Council. The Workshop will become a biennial event bringing together both researchers and practitioners in the fields relating to the national research priority entitled Safeguarding Australia.

In 2006, the workshop was held on the 29th May, at the Function Centre at the University of Wollongong between 8.30 am and 5.00 pm.

The Workshop was organised by RNSA members of the Centre for eBusiness Applications Research at the University of …

The War On Terror, Local Police, And Immigration Enforcement: A Curious Tale Of Police Power In Post-9/11 America, David A. Harris

ExpressO

In post-9/11 America, no goal ranks higher for law enforcement than preventing the next terrorist attack. This is as true for local police departments as it is for the FBI, and police in cities. At the same time, many advocates of tightening U.S. immigration enforcement have recast their efforts as national security and anti-terrorism campaigns. Thus, these advocates and their many allies in the current administration and in Congress have called for local police to become involved in enforcing immigration law. Officials in both the executive and legislative branches of the federal government have taken a number of actions designed …

Cfius And The Role Of Foreign Direct Investment In The U.S.: Hearing Before The Subcomm. On Domestic And International Monetary Policy, Trade And Technology Of The H. Comm. On Financial Services, 109th Cong., Apr. 27, 2006 (Statement Of Professor Daniel K. Tarullo, Geo. U. L. Center), Daniel K. Tarullo

Testimony Before Congress

No abstract provided.

Us Emergency Management: The Townsend Report And Its Critics, Josh Chalchinsky

Macro Center Working Papers

What these separate reports and criticisms indicate is that the government needs to have a fully independent investigation about what went wrong with the Katrina response; one that is not controlled by the Administration. Most importantly, there needs to be one clear and authoritative set of recommendations for avoiding such emergency management breakdowns in the future.

Beyond Absolutism: Legal Institutions In The War On Terror, Peter Margulies

University of Miami Law Review

No abstract provided.

Auditing Executive Discretion, Mariano-Florentino Cuellar

ExpressO

Executive branch officials routinely make thousands of decisions affecting public security and welfare. While it is rare that such discretionary decisions are entirely immune from some kind of judicial review, courts’ role is often so circumscribed or deferential that in some domains the probability of uncovering problems through such review almost certainly falls close to zero. The resulting amount of executive discretion carries considerable risks along with rewards. Some discretionary decisions undoubtedly benefit from the speed and flexibility that results from limiting judicial review. Yet judicial review’s evisceration as a tool to restrain certain forms of discretion also makes it …

Plane Harassment: The Transportation Security Administration's Indifference To The Constitution In Administering The Government's Watch Lists, Yousri Omar

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.

Where Is The Proper Balance? Public Access To Government Information In An Era Of Concern Over National Security, James T. Shaw

Criss Library Faculty Proceedings & Presentations

My goal today is not to tell you precisely where the proper balance is, because that can only be worked out in democratic interplay among the Legislative, Executive, and Judicial branches of our governments. That process is awkward, halting, and sometimes maddening; but I continue to have great faith in the wisdom of our Founders, who perceived that checks and balances would over time prove a guarantor of our liberties. We must always remember that the Founders deliberately structured the Federal government so that it could never be too efficient. Recall that Benito Mussolini made great progress in making the …

Examining The Declining Utility Of Military Force, Ali Wyne

Human Rights & Human Welfare

A review of:

The New American Militarism: How Americans Are Seduced by War by Andrew J. Bacevich. Oxford: Oxford University Press, 2005. 270pp.

Saudi Arabia And Expansionist Wahhabism, Samiah Baroni

Electronic Theses and Dissertations

This thesis examines the development of Wahhabism as an ideology into a rapidly expanding, transportable, contemporary Islamic political system. Serving as the territorial foundation, individuals maintain allegiance to Makkah, the center of the Islamic world, through symbolic Islamic prayer. Along with a central, globally financed economic distributive mechanism, and Wahhabi social and educational institutions emerging from the traditional mosque, Wahhabism serves the demand for an Islamic political system in a late capitalist world. Wahhabism is fluid within contemporary dynamic political systems and rapidly changing international relations. Wahhabism continues to expand at a global level, at times, providing a foundation for …

Detainee Treatment Act Of 2005, Arsalan M. Suleman

Arsalan Suleman

This Recent Development focuses on the legal standards that would govern the treatment and interrogation tactics applicable to detainees held by the United States abroad after the passage of the Detainee Treatment Act (DTA). The article first discusses the legal implications of the DTA as to U.S. law on the use of torture or CID treatment, which primarily concerns Sections 1002 and 1003 of the DTA. Then, it explores certain shortfalls in the scope of these sections on this issue, as the sections do not fully address all of the potential ways in which detainee abuse and torture might continue. …

Realized Applications Of Positioning Technologies In Defense Intelligence, Katina Michael, Amelia Masters

Faculty of Informatics - Papers (Archive)

Spurred by the recent escalation of terrorist attacks and their increasingly devastating outcomes, defense intelligence in the context of homeland security has been drawn into the spotlight. The challenge, at both national and global levels, of managing information in order to offensively resist attack or defensively keep citizens safe from further harm has never been greater. In meeting this challenge, the tools and strategies used by relevant defensive powers are a key factor in the success or failure of all activities, ranging from small-scale homeland security administration through to large-scale all-inclusive war. In all areas within this wide scope, the …

Cia V. Sims: Mosaic Theory And Government Attitude, Christina E. Wells

Faculty Publications

In CIA v. Sims, the United States Supreme Court held that the CIA could withhold information about controversial government-sponsored psychological experiments in response to Freedom of Information Act (FOIA) requests. The Court reasoned that the requested information would reveal intelligence sources related to national defense, which were specifically protected from disclosure under the National Security Act of 1947. Accordingly, the Court concluded that the CIA could refuse to disclose the information under FOIA Exemption 3, which allows withholding of information “specifically exempted from disclosure by statute.” Numerous scholars assailed Sims, arguing that the Court's broad reading of the National Security …

The Advancement Of Positioning Technologies In Defense Intelligence, Katina Michael, Amelia Masters

Faculty of Informatics - Papers (Archive)

The adoption of positioning technologies to supplement, complement and function as defense intelligence applications has become widely accepted within homeland security and military circles. At the core of advancement are four main positioning technologies. Specifically these are the global positioning system (GPS), second generation (2G) and beyond mobile telephone networks (including wireless data networks), radio-frequency identification (RFID) and geographic information systems (GIS). For all positioning technologies, both separately and when combined, it is of primary importance to their continued adoption that the controlling powers have an in-depth understanding of the causality between implementation, usage and flow-on effect. This relies on …

The Constitution As Black Box During National Emergencies: Comment On Bruce Ackerman's Before The Next Attack: Preserving Civil Liberties In An Age Of Terrorism, Martha Minow

Fordham Law Review

No abstract provided.