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Civilians In Cyberwarfare: Conscripts, Susan W. Brenner, Leo L. Clarke
Civilians In Cyberwarfare: Conscripts, Susan W. Brenner, Leo L. Clarke
Vanderbilt Journal of Transnational Law
Civilian-owned and -operated entities will almost certainly be a target in cyberwarfare because cyberattackers are likely to be more focused on undermining the viability of the targeted state than on invading its territory. Cyberattackers will probably target military computer systems, at least to some extent, but in a departure from traditional warfare, they will also target companies that operate aspects of the victim nation's infrastructure. Cyberwarfare, in other words, will penetrate the territorial borders of the attacked state and target high-value civilian businesses. Nation-states will therefore need to integrate the civilian employees of these (and perhaps other) companies into their …
The Constitutionality Of The Foreign Intelligence Surveillance Act Of 1978, Judith B. Anderson
The Constitutionality Of The Foreign Intelligence Surveillance Act Of 1978, Judith B. Anderson
Vanderbilt Journal of Transnational Law
Within its more limited scope, the Belfield decision provides a helpful approach to FISA cases by articulating both a solid rationale for FISA's in camera, ex parte provision and a workable balancing approach for determining whether open proceedings may be necessary. The Falvey decision, although broader in scope, does not provide a satisfactory rationale for FISA's deviation from the traditional fourth amendment warrant requirement, nor does it articulate a workable approach to evaluating a FISA-warranted surveillance. The Falvey court, by predicating its upholding of FISA on an acceptance of the national security exception, may perpetuate a debate that the statute …