National Security Law Commons^™

Foreword, Deborah W. Denno, Erica Valencia-Graham

Fordham Law Review

This Foreword overviews an unprecedented Symposium on these wide ranging topics titled The New AI: The Legal and Ethical Implications of ChatGPT and Other Emerging Technologies. Hosted by the Fordham Law Review and cosponsored by Fordham University School of Law’s Neuroscience and Law Center on November 3, 2023, the Symposium brought together attorneys, judges, professors, and scientists to explore the opportunities and risks presented by AI, especially GenAI like ChatGPT. The discussion raised complex questions concerning AI sentience and personal privacy, as well as the future of legal ethics, education, and employment. Although the AI industry uniformly predicts ever more …

National Security And Federalizing Data Privacy Infrastructure For Ai Governance, Margaret Hu, Eliott Behar, Davi Ottenheimer

Fordham Law Review

This Essay contends that data infrastructure, when implemented on a national scale, can transform the way we conceptualize artificial intelligence (AI) governance. AI governance is often viewed as necessary for a wide range of strategic goals, including national security. It is widely understood that allowing AI and generative AI to remain self-regulated by the U.S. AI industry poses significant national security risks. Data infrastructure and AI oversight can assist in multiple goals, including: maintaining data privacy and data integrity; increasing cybersecurity; and guarding against information warfare threats. This Essay concludes that conceptualizing data infrastructure as a form of critical infrastructure …

Murky Materiality & Scattered Standards: In Favor Of A More Uniform System Of Sst Disclosure Requirements, Megan Ganley

Fordham Law Review

The Securities and Exchange Commission (SEC) requires corporations to disclose their business in or with state sponsors of terrorism (SSTs). The SEC solicits these disclosures with varying standards arising under several different mechanisms. These mechanisms include the requirements of the materiality standard, the provisions of Regulation S-K, targeted inquiry in individually issued comment letters, and affirmative requirements mandated under specific legislation. Each of these mechanisms requires disclosure of slightly different information regarding SSTs with varying degrees of exactitude. This Note examines the SEC’s current SST disclosure framework, considering the benefits, as well as the criticisms, of these disclosure mandates. This …

Cfius In The Age Of Chinese Investment, Patrick Griffin

Fordham Law Review

As China’s economy has developed, its companies, both state-owned and privately held, have moved to expand their operations in the United States to the point where many now seek to invest in—and on occasion, acquire—U.S. counterparts. This trend has set off alarm bells over fears that China’s unique political and economic system, which gives the state extensive influence over all corporations regardless of their ownership structure, renders such transactions national security threats. Recent hostility toward Chinese-led inbound investment is not a new trend; Congress has attempted to assert itself into the screening process undertaken by the Committee on Foreign Investment …

Threats Against America: The Second Circuit As Arbiter Of National Security Law, David Raskin

Fordham Law Review

For nearly 100 years, the U.S. Court of Appeals for the Second Circuit has been a leading force in defining and resolving the uniquely thorny issues that arise at the intersection of individual liberty and national security. The court’s decisions in this arena are characterized by its willingness to tackle difficult questions and its skill in balancing the needs of the government with the rights of the accused to ensure fundamental fairness in the ages of espionage and terror.

Bank Liability Under The Antiterrorism Act: The Mental State Requirement Under § 2333(A), Olivia G. Chalos

Fordham Law Review

This Note specifically addresses the jurisdictional split on the mental state requirement necessary to hold a defendant liable under the ATA. This Note explores the current judicial interpretations of the statute and concludes that, as the statute stands, the Second Circuit best interprets the mental state requirement for § 2333(a) claims predicated on a violation of material support laws. This Note proposes, however, that Congress should amend the ATA to clarify the state-of-mind requirement and should only allow for a cause of action where a bank manifests heightened culpability through intentional wrongdoing in the provision of financial services to foreign …

Show Me The Warrant: Protection Of Stored Electronic Communications In New York State, Kaitlin G. Klamann

Fordham Urban Law Journal

No abstract provided.

Securing The Smart Grid: Protecting National Security And Privacy Through Mandatory, Enforcable Interoperability Standards, Christopher Bosch

Fordham Urban Law Journal

No abstract provided.

Detect, Disrupt, And Detain: Local Law Enforcement's Critical Roles In Combating Homegrown Extremism And The Evolving Terrorist Threat, Mitch Silber, Adam Frey

Fordham Urban Law Journal

No abstract provided.

Spatial Terrorism, Dawinder S. Sidhu

Fordham Urban Law Journal

Terrorism, under federal law, generally means an act of politically- or socially-motivated violence perpetrated against innocents. Terrorism within the meaning of federal law, in other words, exists only if a cognizable motive is uncovered. This definition also sees the United States as an undifferentiated landscape—by its own terms, it fails to take into account any geographic nuance in acts of mass violence. This Article suggests that spatial considerations are relevant in determining whether an act of mass violence constitutes an act of terrorism for purposes of federal law. It points to cities—which are characterized by a highly concentrated, fluid population, …

Strange Bedfellows: How Expanding The Public Safety Exception To Miranda Benefits Counterterrorism Suspects, Geoffrey Corn, Chris Jenks

Fordham Urban Law Journal

No abstract provided.

Fair Trade: The President’S Power To Recover Captured U.S. Servicemembers And The Recent Prisoner Exchange With The Taliban, Celidon Pitt

Fordham Law Review

The Obama Administration’s controversial exchange of five Taliban detainees for a captured U.S. soldier in May 2014 reignited a heated debate over the proper scope of wartime executive authority. From a legal perspective, the primary issue centers on the constitutional balance of power between congressional appropriations and the President’s power as Commander in Chief. A complete analysis incorporates both judicial and historical precedent to evaluate the conflict within the broader context of prisoner recovery efforts.

This Note argues that, regardless of the validity of legislative restrictions on the transfer of Guantánamo detainees, the President possessed sufficient authority to conduct the …