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- Autonomous weapons; autonomous weapons systems; weapons systems; drones; autonomous drones; war; law of war; international law; rule of law; accountability; military; conflict; war and peace; procedure; procedural law; weapons; artificial intelligence; AI; international humanitarian law; humanitarian; Geneva Convention; Yaounde Code; regional agreements; international agreements (1)
- Clarifying Lawful Overseas Use of Data Act; CLOUD Act; CLOUD Act agreements; data privacy; data protection; technology; cloud; direct access; data sharing; data protection; lawful data use; production orders; overseas production orders; international production orders; stored communications; SCA; overseas data; privacy; digital privacy; digital privacy rights; European Convention on Human Rights; international cooperation; international law; ECHR; law enforcement; international law enforcement; constitutional law; privacy; Fourth Amendment; Article 8; Article 1; criminal investigation; mutual legal assistance; mutual legal assistance treaties; mla; mlat; third country persons; us uk agreements; service provider; Verdugo-Urquidez; Microsoft Ireland; Al-Skeini; extraterritorial; extraterritoriality; territorial; territoriality; cross-border; law enforcement cooperation; comparative law; transnational law (1)
- Domestic terrorism; Terrorism; Counterterrorism; United Kingdom; United States; Canada; Global Terrorism; Global Terrorism Database; Global Terrorism Index; Proud Boys; September 11; Department of State; Department of Defense; Department of Justice; Department of Homeland Security; Federal Bureau of Investigation; Extremism; Terrorist Foreign terrorist organization Terrorist entity Terrorist group New York Neumann Act Anti-Terrorism Act Terrorism Act National Strategy for Countering Domestic Terrorism (1)
- National security; law enforcement; immigration; immigrant; informants; terrorism; civil liberties; criminal procedure; intelligence; First Amendment; Federal Bureau of Investigation; FBI; Muslim; Islam; religious beliefs; coercive; coercion; coerced (1)
Articles 1 - 4 of 4
Full-Text Articles in National Security Law
Domestic Terrorism Classification In The United States V. Canada And The United Kingdom, Michelle Hayek
Domestic Terrorism Classification In The United States V. Canada And The United Kingdom, Michelle Hayek
Brooklyn Journal of International Law
For the past two decades, discourse on terrorism (both global and domestic) has been commonplace throughout the international sphere. Following the attacks on September 11, 2001, many nations have followed suit in launching counterterrorism operations to identify and prevent attacks by both radical groups and lone actors. While the common narrative has focused on “why” terrorist actors commit heinous acts and “how” to best prevent future incidents from emerging, it is important to analyze the legal nuances between prosecuting domestic versus international terrorists. With the rise on “homegrown” domestic lone actors, nations have had to reevaluate and adapt counterterrorism statutes …
Autonomous Weapons Systems And The Procedural Accounta- Bility Gap, Afonso Seixas-Nunes
Autonomous Weapons Systems And The Procedural Accounta- Bility Gap, Afonso Seixas-Nunes
Brooklyn Journal of International Law
The development and well-established principles of Internationla Humanitarian Law have been progressively establishing limits to the means and methods of warfare. Those principles and rules are necessarily applicable to future autonomous weapon systems (AWS), but questions regarding liability for violations of IHL caused by AWS have been looming the international debate. This article has two parts. The first part aims to identify a technical dimension of AWS that has been neglected by international lawyers: States responsibility for IHL violations caused by errors in AWS’ software. This article argues that “errors” can neither be identified with “malfunctions” nor attributed to human …
Digital Privacy Rights And Cloud Act Agreements, Tim Cochrane
Digital Privacy Rights And Cloud Act Agreements, Tim Cochrane
Brooklyn Journal of International Law
The United States (US) and United Kingdom (UK) will soon bring into force a new international law enforcement data sharing ‘CLOUD Act agreement’ (US-UK Agreement), the first of its kind under the Clarifying Lawful Overseas Use of Data Act 2018 (CLOUD Act). These agreements enable law enforcement in one state to directly request data from service providers based in the other state. They respond to long-standing concerns with the main mechanism for obtaining overseas data, mutual legal assistance (MLA). The US and UK claim the US-UK Agreement will significantly speed up data access relative to MLA while “respecting privacy and …
A Nation Of Informants: Reining In Post-9/11 Coercion Of Intelligence Informants, Diala Shamas
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 …