Law Commons^™

A Fake Future: The Threat Of Foreign Disinformation On The U.S. And Its Allies, Brandon M. Rubsamen

Global Tides

This paper attempts to explain the threat that foreign disinformation poses for the United States Intelligence Community and its allies. The paper examines Russian disinformation from both a historical and contemporary context and how its effect on Western democracies may only be exacerbated in light of Chinese involvement and evolving technologies. Fortunately, the paper also studies practices and strategies that the United States Intelligence Community and its allied foreign counterparts may use to respond. It is hoped that this study will help shed further light on Russian and Chinese disinformation campaigns and explain how the Intelligence Community can efficiently react.

Congressional Oversight Of Us Intelligence Activities, Mary B. Derosa

Georgetown Law Faculty Publications and Other Works

This chapter examines the challenges, how they affect congressional oversight of intelligence, and Congress’s efforts to ensure accountability for United States (US) intelligence activities. The United States Government has engaged in intelligence collection and covert action since its earliest days. Congressional oversight of intelligence activities, however, has a relatively short history. It was not until the late 1940s, with the creation of the Central Intelligence Agency (CIA), that the US House of Representatives and Senate created entities – subcommittees of their Armed Services committees – with responsibility for intelligence oversight. The Church Committee revelations and other concerns that surfaced during …

The Study Of Motivation For Defection Within The Intelligence Community: Hindering The Government's Ability To Prevent And Detect Defection, William Virgili

Graduate Program in International Studies Theses & Dissertations

Since its inception, the global community has been marred by insecurities about the intentions of other states, which led to states creating intelligence agencies to engage in human intelligence operations. In defense against foreign intelligence services, the U.S. has implemented policies and procedures, informed by defection research, to prevent and detect defection. However, this leads to the question does current research on motivation for defection adequately inform government policies and procedures to prevent and detect defection within the intelligence community? To interrogate this question, I present an in-depth analysis of motivation; the ways in which these conclusions have or have …

Loopholes For Circumventing The Constitution: Unrestrained Bulk Surveillance On Americans By Collecting Network Traffic Abroad, Axel Arnbak, Sharon Goldberg

Michigan Telecommunications & Technology Law Review

This Article reveals interdependent legal and technical loopholes that the US intelligence community could use to circumvent constitutional and statutory safeguards for Americans. These loopholes involve the collection of Internet traffic on foreign territory, and leave Americans as unprotected as foreigners by current United States (US) surveillance laws. This Article will also describe how modern Internet protocols can be manipulated to deliberately divert American’s traffic abroad, where traffic can then be collected under a more permissive legal regime (Executive Order 12333) that is overseen solely by the executive branch of the US government. Although the media has reported on some …

Making Fiction Of Facts In The Israeli Spy Case, Kenneth Lasson, Angelo Codevilla, Lawrence J. Korb, John Loftus

All Faculty Scholarship

The authors make the case that Jonathan Pollard, the man convicted of spying for Israel, is again being condemned by new allegations by Martin Peretz in a New Republic article, and by retired Navy Capt. M. E. Bowman. The authors of these new assertions may not know more of the particulars than others in high places who have already publicly supported commuting Pollard's sentence to time served.

Remodeling The Classified Information Procedures Act (Cipa), Afsheen John Radsan

Faculty Scholarship

The intelligence community and the law enforcement sector are supposed to be working closely to keep us all safe from terrorists and other dangers. The benefits of this cooperation should not be frittered away by unnecessary burdens in trying suspected terrorists in civilian courts. If the executive branch is to be kept away from the dark side of counterterrorism, the courts, Congress, or a combination of the two should modernize their approach to alignment, to Section 6 of Classified Information Procedures Act, and to closed portions of trials.

First, a prosecutor’s discovery obligations should apply to the intelligence community only …

Understanding The Terrorist Mindset, Randy Borum

Mental Health Law & Policy Faculty Publications

No abstract provided.