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Articles 1 - 30 of 1972

Full-Text Articles in National Security Law

A Nation Of Informants: Reining In Post-9/11 Coercion Of Intelligence Informants, Diala Shamas Jul 2018

A Nation Of Informants: Reining In Post-9/11 Coercion Of Intelligence Informants, Diala Shamas

Brooklyn Law Review

This article challenges the adequacy of the existing legal and regulatory framework governing informant recruitment and coercion practices to protect fundamental rights, informed by the Muslim-American experience. It looks at the growing law enforcement practice of recruiting informants among Muslim-American communities for intelligence gathering purposes. Although the coercion of law-abiding individuals to provide information to federal law enforcement agencies for intelligence gathering purposes implicates significant rights, it is left unregulated. Existing, albeit limited, restraints on the government agents’ ability to coerce individuals to provide information either assume a criminal context, or are driven by historical concerns over FBI corruption. As ...


No Security Through Obscurity: Changing Circumvention Law To Protect Our Democracy Against Cyberattacks, Andrew Moshirnia Jul 2018

No Security Through Obscurity: Changing Circumvention Law To Protect Our Democracy Against Cyberattacks, Andrew Moshirnia

Brooklyn Law Review

Cybersecurity is increasingly vital in a climate of unprecedented digital assaults against liberal democracy. Russian hackers have launched destabilizing cyberattacks targeting the United States’ energy grid, voting machines, and political campaigns. America's existing inadequate cyber defenses operate according to a simple assumption: hide the computer code that powers critical infrastructure so that America's enemies cannot exploit undiscovered weaknesses. Indeed, the intellectual property regime relies entirely on this belief, protecting those who own the rights in computer code by punishing those who might access and copy that code. This “security through obscurity” approach has failed. Rightsholders, on their own ...


The Two Militaries: Operational And Administrative, Mark P. Nevitt Jul 2018

The Two Militaries: Operational And Administrative, Mark P. Nevitt

Faculty Scholarship

This Article offers a new way of thinking about the military. The U.S. military’s existing legal architecture arose from tragedy: in response to operational military failures in Vietnam, the 1980 failed Iranian hostage rescue attempt and other military misadventures, Congress revamped the Department of Defense (DoD)’s organization. The resulting law, the Goldwater-Nichols Act, formed two militaries within the DoD that endure to this day. These two militaries – the operational military and the administrative military – were once opaque to the outside observer but have emerged from the shadows in light of recent conflicts. The operational military remains the ...


A Slap On The Wrist: Combatting Russia’S Cyber Attack On The 2016 U.S. Presidential Election, Christina Lam Jul 2018

A Slap On The Wrist: Combatting Russia’S Cyber Attack On The 2016 U.S. Presidential Election, Christina Lam

Boston College Law Review

On June 14, 2016, suspicions emerged that Russia launched a cyber attack on the U.S. Democratic National Committee in the midst of an extremely contentious presidential election season. The damage was extensive, occurring over a series of months and resulting in numerous leaks of highly sensitive information regarding Democratic Presidential Candidate Hillary Clinton. After it was verified that Russia was behind the cyber attack, President Barack Obama relied on general and anachronistic principles of international law to issue a grossly ineffective response. Russia’s cyber attack and the U.S. response thus highlighted the ways in which international law ...


Private Property Rights And The Public Interest In Exploration Of Outer Space, Frans G. Von Der Dunk Jun 2018

Private Property Rights And The Public Interest In Exploration Of Outer Space, Frans G. Von Der Dunk

Space, Cyber, and Telecommunications Law Program Faculty Publications

The impending missions to exploit natural resources of celestial bodies may at some point start interfering with the scientific interests, including those of astrobiology, in these bodies. While the legal status of celestial bodies at the highest level is clear, uncertainty has arisen as to the extent private property rights over such objects or over their resources are legally acceptable, legally impossible, or potentially legal. This also provides for a considerable amount of uncertainty regarding how the legal framework could or may need to be changed to accommodate private interests. The article analyzes the two main international treaties relevant from ...


Contents, Adfsl May 2018

Contents, Adfsl

Annual ADFSL Conference on Digital Forensics, Security and Law

No abstract provided.


Front Matter, Adfsl May 2018

Front Matter, Adfsl

Annual ADFSL Conference on Digital Forensics, Security and Law

No abstract provided.


A Survey Of Lawyers’ Cyber Security Practises In Western Australia, Craig Valli, Mike Johnstone, Rochelle Fleming May 2018

A Survey Of Lawyers’ Cyber Security Practises In Western Australia, Craig Valli, Mike Johnstone, Rochelle Fleming

Annual ADFSL Conference on Digital Forensics, Security and Law

This paper reports on the results of a survey that is the initial phase of an action research project being conducted with the Law Society of Western Australia. The online survey forms a baseline for the expression of a targeted training regime aimed at improving the cyber security awareness and posture of the membership of the Society. The full complement of over 3000 members were given the opportunity to participate in the survey, with 122 members responding in this initial round. The survey was designed to elicit responses about information technology use and the awareness of good practices with respect ...


Analysis Of Data Erasure Capability On Sshd Drives For Data Recovery, Andrew Blyth May 2018

Analysis Of Data Erasure Capability On Sshd Drives For Data Recovery, Andrew Blyth

Annual ADFSL Conference on Digital Forensics, Security and Law

Data Protection and Computer Forensics/Anti-Forensics has now become a critical area of concern for organizations. A key element to this is how data is sanitized at end of life. In this paper we explore Hybrid Solid State Hybrid Drives (SSHD) and the impact that various Computer Forensics and Data Recovery techniques have when performing data erasure upon a SSHD.


Knowledge Expiration In Security Awareness Training, Tianjian Zhang May 2018

Knowledge Expiration In Security Awareness Training, Tianjian Zhang

Annual ADFSL Conference on Digital Forensics, Security and Law

No abstract provided.


Positive Identification Of Lsb Image Steganography Using Cover Image Comparisons, Michael Pelosi, Nimesh Poudel, Pratap Lamichhane, Devon Lam, Gary Kessler, Joshua Macmonagle May 2018

Positive Identification Of Lsb Image Steganography Using Cover Image Comparisons, Michael Pelosi, Nimesh Poudel, Pratap Lamichhane, Devon Lam, Gary Kessler, Joshua Macmonagle

Annual ADFSL Conference on Digital Forensics, Security and Law

In this paper we introduce a new software concept specifically designed to allow the digital forensics professional to clearly identify and attribute instances of LSB image steganography by using the original cover image in side-by-side comparison with a suspected steganographic payload image. The “CounterSteg” software allows detailed analysis and comparison of both the original cover image and any modified image, using sophisticated bit- and color-channel visual depiction graphics. In certain cases, the steganographic software used for message transmission can be identified by the forensic analysis of LSB and other changes in the payload image. The paper demonstrates usage and typical ...


Exploring The Use Of Graph Databases To Catalog Artifacts For Client Forensics, Rose Shumba May 2018

Exploring The Use Of Graph Databases To Catalog Artifacts For Client Forensics, Rose Shumba

Annual ADFSL Conference on Digital Forensics, Security and Law

Cloud computing has revolutionized the methods by which digital data is stored, processed, and transmitted. It is providing users with data storage and processing services, enabling access to resources through multiple devices. Although organizations continue to embrace the advantages of flexibility and scalability offered by cloud computing, insider threats are becoming a serious concern as cited by security researchers. Insiders can use authorized access to steal sensitive information, calling for the need for an investigation. This concept paper describes research in progress towards developing a Neo4j graph database tool to enhance client forensics. The tool, with a Python interface, allows ...


The Significance Of Mongolia's Foreign Policy And Security Apparatus On A Global And Regional Scale, Bolor Lkhaajav May 2018

The Significance Of Mongolia's Foreign Policy And Security Apparatus On A Global And Regional Scale, Bolor Lkhaajav

Master's Projects and Capstones

Mongolia, land-locked between two politically, economically, and militarily powerful nations — Russia and China — often must balance its foreign and security policies with its two neighbors and countries beyond. When discussing Mongolia’s foreign policy and security apparatus, historians and scholars look at the international relations of East Asia as a whole. This is the case not because Mongolia’s foreign policy is insignificant but because greater powers impose greater influence on smaller states. Mongolia’s partial involvement in World War II (WWII), and the Cold War introduced new challenges as well as opportunities for Mongolia to modernize its foreign policy ...


Investigative Practices For Large Money Laundering Crimes, Mary Hutley-Washington May 2018

Investigative Practices For Large Money Laundering Crimes, Mary Hutley-Washington

Economic Crime Forensics Capstones

Reportedly, governments, states departments, analysts and law enforcement state, "money laundering has a corrosive effect on a country’s economy. The degree of destruction caused by money laundering interrupts the business flow, runs the risk of financial burdens on banks, and ruins countless countries’ reputation for allowing widespread laundering. Money laundering’s significant consequences are the exposure to the communities; because of the criminal elements individuals are subjected to laundering, i.e., fraud, drug trafficking, and other financial crimes” (Freeman, 2011). It is no surprise that internationally all communities want the battle against money laundering and its use to finance ...


Non-Use Of A Mobile Phone During Conducting Crime Can Also Be Evidential, Vinod Polpaya Bhattathiripad Ph D May 2018

Non-Use Of A Mobile Phone During Conducting Crime Can Also Be Evidential, Vinod Polpaya Bhattathiripad Ph D

Annual ADFSL Conference on Digital Forensics, Security and Law

Cyber-clever criminals who are aware of the consequence of using mobile phones during conducting crimes often stay away from their phones while involved in crimes. Some of them even change their handset and SIM card, subsequently. This article looks into how, intentional disassociation (and even unintentional non-use) of mobile phone in (non-cyber) crimes, can become evidential clues of the perpetrators’ involvement in criminal acts. With the help of a recent judicial episode, this article reveals how extremely careful and masterful handling of extensive and voluminous Call Details Records and tower dumps by a cyber-savvy investigating official can unearth evidential clues ...


Unmanned Aerial Vehicle Forensic Investigation Process: Dji Phantom 3 Drone As A Case Study, Alan Roder, Kim-Kwang Raymond Choo, Nhien-A Le-Khac May 2018

Unmanned Aerial Vehicle Forensic Investigation Process: Dji Phantom 3 Drone As A Case Study, Alan Roder, Kim-Kwang Raymond Choo, Nhien-A Le-Khac

Annual ADFSL Conference on Digital Forensics, Security and Law

Drones (also known as Unmanned Aerial Vehicles – UAVs) are a potential source of evidence in a digital investigation, partly due to their increasing popularity in our society. However, existing UAV/drone forensics generally rely on conventional digital forensic investigation guidelines such as those of ACPO and NIST, which may not be entirely fit-for-purpose. In this paper, we identify the challenges associated with UAV/drone forensics. We then explore and evaluate existing forensic guidelines, in terms of their effectiveness for UAV/drone forensic investigations. Next, we present our set of guidelines for UAV/drone investigations. Finally, we demonstrate how the proposed ...


Detection And Recovery Of Anti-Forensic (Vault) Applications On Android Devices, Michaila Duncan, Umit Karabiyik May 2018

Detection And Recovery Of Anti-Forensic (Vault) Applications On Android Devices, Michaila Duncan, Umit Karabiyik

Annual ADFSL Conference on Digital Forensics, Security and Law

Significant number of mobile device users currently employ anti-forensics applications, also known as vault or locker applications, on their mobile devices in order to hide files such as photos. Because of this, investigators are required to spend a large portion of their time manually looking at the applications installed on the device. Currently, there is no automated method of detecting these anti-forensics applications on an Android device. This work presents the creation and testing of a vault application detection system to be used on Android devices. The main goal of this work is twofold: (i) Detecting and reporting the presence ...


Military Justice: A Very Short Introduction (Book Review), Mark Patrick Nevitt May 2018

Military Justice: A Very Short Introduction (Book Review), Mark Patrick Nevitt

Faculty Scholarship

This short essay reviews Professor Eugene Fidell’s recently published book, “Military Justice A Very Short Introduction” (Oxford Press). This book is a welcome addition to military law and military justice literature more generally. Eugene Fidell, a professor at Yale Law School, brings a tremendous breadth of experience as both a scholar and military justice practitioner. He also possesses a keen observational and critical eye to the subject of military justice practiced here and abroad.

The book review first provides an overview of Professor Fidell’s book, its organizational set-up, and where it sits in the broader context of military ...


Cybersecurity And The Rights Of The Internet User In France, Jennifer Cross May 2018

Cybersecurity And The Rights Of The Internet User In France, Jennifer Cross

Georgia Journal of International & Comparative Law

No abstract provided.


The Failure Of International Law In Palestine, Svetlana Sumina, Steven Gilmore May 2018

The Failure Of International Law In Palestine, Svetlana Sumina, Steven Gilmore

The Scholar: St. Mary's Law Review on Race and Social Justice

Abstract forthcoming


Prisoner's Dilemma—Exhausted Without A Place Of Rest(Itution): Why The Prison Litigation Reform Act's Exhaustion Requirement Needs To Be Amended, Ryan Lefkowitz May 2018

Prisoner's Dilemma—Exhausted Without A Place Of Rest(Itution): Why The Prison Litigation Reform Act's Exhaustion Requirement Needs To Be Amended, Ryan Lefkowitz

The Scholar: St. Mary's Law Review on Race and Social Justice

The Prison Litigation Reform Act (PLRA) passed in 1996 in an effort to curb litigation from prisoners. The exhaustion requirement of the PLRA requires prisoners to fully exhaust any administrative remedies available to them before filing a lawsuit concerning any aspect of prison life. If a prisoner fails to do so, the lawsuit is subject to dismissal. The exhaustion requirement applies to all types of prisoner lawsuits, from claims filed for general prison conditions to excessive force and civil rights violations. It has been consistently and aggressively applied by the courts, blocking prisoners’ lawsuits from ever going to trial. Attempts ...


The School To Deportation Pipeline, Laila L. Hlass May 2018

The School To Deportation Pipeline, Laila L. Hlass

Georgia State University Law Review

The United States immigration regime has a long and sordid history of explicit racism, including limiting citizenship to free whites, excluding Chinese immigrants, deporting massive numbers of Mexican immigrants and U.S. citizens of Mexican ancestry, and implementing a national quotas system preferencing Western Europeans. More subtle bias has seeped into the system through the convergence of the criminal and immigration law regimes.

Immigration enforcement has seen a rise in mass immigrant detention and deportation, bolstered by provocative language casting immigrants as undeserving undesirables: criminals, gang members, and terrorists. Immigrant children, particularly black and Latino boys, are increasingly finding themselves ...


Entering The Trump Ice Age: Contextualizing The New Immigration Enforcement Regime, Bill Ong Hing May 2018

Entering The Trump Ice Age: Contextualizing The New Immigration Enforcement Regime, Bill Ong Hing

Texas A&M Law Review

During the early stages of the Trump ICE age, America seemed to be witnessing and experiencing an unparalleled era of immigration enforcement. But is it unparalleled? Did we not label Barack Obama the “deporter-inchief?” Was it not George W. Bush who used the authority of the Patriot Act to round up nonimmigrants from Muslim and Arab countries, and did his ICE not commonly engage in armed raids at factories and other worksites? Are there not strong parallels that can be drawn between Trump enforcement plans and actions and those of other eras? What about the fear and hysteria that seems ...


Civil Liberty And National Security: The Implications Of The Debate For The United States Intelligence Community, Peyton Hedrick Apr 2018

Civil Liberty And National Security: The Implications Of The Debate For The United States Intelligence Community, Peyton Hedrick

Senior Honors Theses

For years, the US Intelligence Community has worked to maintain the thin and often wavering line between civil liberty and national security in its attempts to protect the American people while simultaneously preserving their constitutional rights. However, this line has often shifted with the course of American history, including events such as the Alien and Sedition Acts, the establishment of the Church Committee, and the publication of the NSA’s data collection program. One of the most significant of these factors was the passage and eventual amendment of the Foreign Intelligence Surveillance Act, which opened the door to later constitutional ...


"Thou Shalt Not Ration Justice": The Importance Of Autism Insurance Reform For Military Autism Families, And The Economic And National Security Implications Of Improving Access To Aba Therapy Under Tricare, Ariana Cernius Apr 2018

"Thou Shalt Not Ration Justice": The Importance Of Autism Insurance Reform For Military Autism Families, And The Economic And National Security Implications Of Improving Access To Aba Therapy Under Tricare, Ariana Cernius

Journal of Legislation

No abstract provided.


Developing Kenya’S Educational Capacity In Nuclear Security Through Nuclear Forensics Research, Hudson Kalambuka Angeyo Apr 2018

Developing Kenya’S Educational Capacity In Nuclear Security Through Nuclear Forensics Research, Hudson Kalambuka Angeyo

International Journal of Nuclear Security

Nuclear energy’s distinctive characteristics give rise to special educational requirements. These requirements are necessary to not only address the danger of nuclear proliferation, but also to build capacity for a secure nuclear fuel circle. In this paper, I assess the status of educational capacity in nuclear security both in response to, and in support of, Kenya’s nuclear power program. I highlight the nuclear security educational infrastructure’s key features in the context of nuclear power, noting the low capacity at Kenyan universities. I identify the steps required to ensure that the country’s dynamic nuclear regulatory infrastructural framework ...


Secret Law, Jonathan Manes Apr 2018

Secret Law, Jonathan Manes

Journal Articles

The law cannot be a secret hidden from the public. This proposition strikes most of us as uncontroversial—a basic premise of any legal order committed to democratic accountability and the rule of law. Yet in this country secret law not only exists, but has become an entrenched feature of contemporary national security governance. From NSA surveillance to terrorist watch lists to targeted killings, the most controversial national security programs of our time have all been governed by secret rules, secret directives, and secret legal interpretations.

This Article sheds new light on this deeply unsettling state of affairs. It pushes ...


Contemporary Practice Of The United States Relating To International Law (112:2 Am J Int'l L), Jean Galbraith Apr 2018

Contemporary Practice Of The United States Relating To International Law (112:2 Am J Int'l L), Jean Galbraith

Faculty Scholarship

This article is reproduced with permission from the April 2018 issue of the American Journal of International Law © 2018 American Society of International Law. All rights reserved.

Once the PDF is open, individual articles are accessible either by scrolling down or by clicking on the bookmark symbol.


The Fight Over Encryption: Reasons Why Congress Must Block The Government From Compelling Technology Companies To Create Backdoors Into Their Devices, Shannon Lear Apr 2018

The Fight Over Encryption: Reasons Why Congress Must Block The Government From Compelling Technology Companies To Create Backdoors Into Their Devices, Shannon Lear

Cleveland State Law Review

Advances in technology in the past decade have blurred the line between individuals’ privacy rights and the government’s ability to access information. How should this issue be handled in a manner that balances the privacy rights of individuals and the government’s access to information in the interest of national security?

This Note proposes a bright-line rule that would continue to allow the government to obtain specific information from a data service provider without forcing the company to circumvent its own security features. Under this rule, a company shall relinquish specific information in its control or possession only by ...


Terrorism Risk Insurance: Is It Really Working?, Rebecca Demarest Apr 2018

Terrorism Risk Insurance: Is It Really Working?, Rebecca Demarest

Honors Projects in Mathematics

This paper investigates terrorism risk insurance in the United States as well as those programs offered in other countries throughout the world. In the United States, particular attention is devoted to the interaction of government with private insurers to maintain an effective insurance program. An analysis is performed comparing terrorism insurance before and after the attacks on the World Trade Center on September 11, 2001. The paper looks into actual terrorist events that have occurred focusing on 56 world-wide events that are associated with property losses greater than $10 million. This paper not only investigates the losses that were incurred ...