Open Access. Powered by Scholars. Published by Universities.®

National Security Law Commons

Open Access. Powered by Scholars. Published by Universities.®

University of Maryland Francis King Carey School of Law

Discipline
Keyword
Publication Year
Publication
Publication Type

Articles 1 - 30 of 33

Full-Text Articles in National Security Law

Center For Health & Homeland Security Newsletter, Spring 2023 Apr 2023

Center For Health & Homeland Security Newsletter, Spring 2023

Newsletter

No abstract provided.


Newsletter, Fall 2022 Oct 2022

Newsletter, Fall 2022

Newsletter

No abstract provided.


Anonymous Hacktivism: Flying The Flag Of Feminist Ethics For The Ukraine It Army, Ellen Cornelius Oct 2022

Anonymous Hacktivism: Flying The Flag Of Feminist Ethics For The Ukraine It Army, Ellen Cornelius

Homeland Security Publications

No abstract provided.


Newsletter, Winter 2022 Jan 2022

Newsletter, Winter 2022

Newsletter

No abstract provided.


Newsletter, Summer 2021 Jul 2021

Newsletter, Summer 2021

Newsletter

No abstract provided.


Newsletter, Summer 2019 Jul 2019

Newsletter, Summer 2019

Newsletter

No abstract provided.


Peeling Back The Onion Of Cyber Espionage After Tallinn 2.0, David A. Wallace, Amy H. Mccarthy, Mark Visger Apr 2019

Peeling Back The Onion Of Cyber Espionage After Tallinn 2.0, David A. Wallace, Amy H. Mccarthy, Mark Visger

Maryland Law Review

Tallinn 2.0 represents an important advancement in the understanding of international law’s application to cyber operations below the threshold of force. Its provisions on cyber espionage will be instrumental to states in grappling with complex legal problems in the area of digital spying. The law of cyber espionage as outlined by Tallinn 2.0, however, is substantially based on rules that have evolved outside of the digital context, and there exist serious ambiguities and limitations in its framework. This Article will explore gaps in the legal structure and consider future options available to states in light of this underlying mismatch.


Newsletter, Summer/Fall 2016 Jul 2016

Newsletter, Summer/Fall 2016

Newsletter

No abstract provided.


Mwcog And Infragardncr Key To Government Engagement With Private Sector Critical Infrastructure Stakeholders, Christopher Ryan Mar 2016

Mwcog And Infragardncr Key To Government Engagement With Private Sector Critical Infrastructure Stakeholders, Christopher Ryan

Homeland Security Publications

No abstract provided.


Newsletter Fall 2015 Oct 2015

Newsletter Fall 2015

Newsletter

No abstract provided.


Why Education In The Law And Policy Of Cybersecurity Is A Must, Markus Rauschecker Oct 2015

Why Education In The Law And Policy Of Cybersecurity Is A Must, Markus Rauschecker

Homeland Security Publications

No abstract provided.


Newsletter Spring 2015 Apr 2015

Newsletter Spring 2015

Newsletter

No abstract provided.


A Training Partnership That Began With A Grant, Vernon Herron, Laura Hoch, Alexandra Podolny Oct 2014

A Training Partnership That Began With A Grant, Vernon Herron, Laura Hoch, Alexandra Podolny

Homeland Security Publications

No abstract provided.


Newsletter Fall 2014 Oct 2014

Newsletter Fall 2014

Newsletter

No abstract provided.


Chinese Hackers And Their New Targets—Federal Employees, Ellen Cornelius Oct 2014

Chinese Hackers And Their New Targets—Federal Employees, Ellen Cornelius

Homeland Security Publications

No abstract provided.


Thinking Ahead - Implementing The Nist Cybersecurity Framework To Protect From Potential Legal Liability, Markus Rauschecker Jul 2014

Thinking Ahead - Implementing The Nist Cybersecurity Framework To Protect From Potential Legal Liability, Markus Rauschecker

Homeland Security Publications

No abstract provided.


Electronic Privacy Information Center V. National Security Agency: How Glomar Responses Benefit Businesses And Provide An Epic Blow To Individuals, Joshua R. Chazen Jan 2014

Electronic Privacy Information Center V. National Security Agency: How Glomar Responses Benefit Businesses And Provide An Epic Blow To Individuals, Joshua R. Chazen

Journal of Business & Technology Law

No abstract provided.


Clapper V. Amnesty International Usa: Allowing The Fisa Amendments Act Of 2008 To Turn "Incidentally" Into "Certainly", Liz Clark Rinehart Jan 2014

Clapper V. Amnesty International Usa: Allowing The Fisa Amendments Act Of 2008 To Turn "Incidentally" Into "Certainly", Liz Clark Rinehart

Maryland Law Review

No abstract provided.


A Shattered Looking Glass: The Pitfalls And Potential Of The Mosaic Theory Of Fourth Amendment Privacy, David C. Gray, Danielle Keats Citron Jan 2013

A Shattered Looking Glass: The Pitfalls And Potential Of The Mosaic Theory Of Fourth Amendment Privacy, David C. Gray, Danielle Keats Citron

Faculty Scholarship

On January 23, 2012, the Supreme Court issued a landmark non-decision in United States v. Jones. In that case, officers used a GPS-enabled device to track a suspect’s public movements for four weeks, amassing a considerable amount of data in the process. Although ultimately resolved on narrow grounds, five Justices joined concurring opinions in Jones expressing sympathy for some version of the “mosaic theory” of Fourth Amendment privacy. This theory holds that we maintain reasonable expectations of privacy in certain quantities of information even if we do not have such expectations in the constituent parts. This Article examines and …


Adequate Attribution: A Framework For Developing A National Policy For Private Sector Use Of Active Defense, Shane Mcgee, Randy V. Sabett, Anand Shah Jan 2013

Adequate Attribution: A Framework For Developing A National Policy For Private Sector Use Of Active Defense, Shane Mcgee, Randy V. Sabett, Anand Shah

Journal of Business & Technology Law

No abstract provided.


A Commission On A Cyber Mission, Adrian Wilairat Jan 2013

A Commission On A Cyber Mission, Adrian Wilairat

Journal of Business & Technology Law

No abstract provided.


A Unified Theory Of Detention, With Application To Preventive Detention For Suspected Terrorists, Alec Walen Jan 2011

A Unified Theory Of Detention, With Application To Preventive Detention For Suspected Terrorists, Alec Walen

Maryland Law Review

No abstract provided.


United States V. Benkahla: Illustrating The Need For Reform - The Fourth Circuit's Unprecedented Application Of The United States Sentencing Guideline Terrorism Enhancement To An Obstruction Of Justice Conviction, Steven A. Book Jan 2009

United States V. Benkahla: Illustrating The Need For Reform - The Fourth Circuit's Unprecedented Application Of The United States Sentencing Guideline Terrorism Enhancement To An Obstruction Of Justice Conviction, Steven A. Book

Maryland Law Review Online

No abstract provided.


Youngstown, Hamdan, And "Inherent" Emergency Presidential Policymaking Powers, Gordon G. Young Jul 2007

Youngstown, Hamdan, And "Inherent" Emergency Presidential Policymaking Powers, Gordon G. Young

Faculty Scholarship

This brief article explores the contribution that Hamdan v Rumsfeld may have made to clarifying what should happen in the large interstices of the rules created by the Youngstown case for determining the validity of claims of Presidential power. It offers its own view of the scope of Presidential powers in extreme emergencies involving the incapacitation of the legislative branch.


The Need For Closed Circuit Television In Mass Transit Systems, Michael Greenberger Feb 2006

The Need For Closed Circuit Television In Mass Transit Systems, Michael Greenberger

Faculty Scholarship

Closed circuit television video (CCTV) surveillance systems need to be introduced or enhanced in the public areas within United States’ mass transit systems. London’s extensive system was used very successfully in the investigation of the July 2005 terrorist attacks on its subway and bus systems. That effective investigatory use of CCTV is very likely to be a significant deterrence to future terrorist activities on London mass transit. The United States must be prepared in the event of similar attacks on its soil. As roughly twenty times more people travel by mass transit than by air, it is time for this …


The People's Agent: Executive Branch Secrecy And Accountability In An Age Of Terrorism, Sidney A. Shapiro, Rena I. Steinzor Jan 2006

The People's Agent: Executive Branch Secrecy And Accountability In An Age Of Terrorism, Sidney A. Shapiro, Rena I. Steinzor

Faculty Scholarship

The increase in government secrecy is an important and troubling policy trend. Although the trend predates the 2000 presidential election, the movement towards government secrecy has accelerated dramatically in the Bush Administration. The case for open government is usually based on political principles embraced by the Framers of the U.S. Constitution. This article seeks to bolster these arguments by applying “agency theory” to the question of how much secrecy is too much. While agency theory is most often used to analyze private sector economic relationships, commentators have also applied it to the analysis of methods for holding legislators and Executive …


The Threat Of Smallpox: Eradicated But Not Erased: A Review Of The Fiscal, Logistical And Legal Obstacles Impacting The Phase I Vaccination Program, Holly L. Myers, Elin Gursky, Georges C. Benjamin, Christopher Gozdor, Michael Greenberger Dec 2004

The Threat Of Smallpox: Eradicated But Not Erased: A Review Of The Fiscal, Logistical And Legal Obstacles Impacting The Phase I Vaccination Program, Holly L. Myers, Elin Gursky, Georges C. Benjamin, Christopher Gozdor, Michael Greenberger

Faculty Scholarship

Fears that terrorists may have the capabilities and intent to disseminate a variety of biologic agents has once again brought smallpox into the American consciousness. On December 13, 2002, recognizing that the global discontinuation of routine smallpox vaccination over two decades ago had left most Americans unprotected and vulnerable to the ravaging effects of the virus, the President announced a precautionary measure to begin vaccinating teams of emergency responders. The program commenced January 24, 2003. In the ensuing months, public health departments scrambled to meet the goal of vaccinating approximately 500,000 first responders, a protected phalanx that could quickly and …


Three Strikes And You're Outside The Constitution: Will The Guantanamo Bay Alien Detainees Be Granted Fundamental Due Process?, Michael Greenberger Nov 2004

Three Strikes And You're Outside The Constitution: Will The Guantanamo Bay Alien Detainees Be Granted Fundamental Due Process?, Michael Greenberger

Faculty Scholarship

The United States Supreme Court has agreed to take up its first case arising from the War on Terror by hearing the consolidated appeals of two groups of foreign aliens who are or who had been detained at the United States Guantanamo Bay Naval Base, Cuba: Rasul v. Bush (No. 03-334) and Al Odah v. United States (No. 03-343). The cases stem from the United States' capture of several hundred prisoners in Afghanistan and Pakistan and their subsequent imprisonment at Guantanamo Bay. The prison began operation in January 2002, and approximately 90 detainees have been freed up to this time, …


Indefinite Material Witness Detention Without Probable Cause: Thinking Outside The Fourth Amendment, Michael Greenberger Nov 2004

Indefinite Material Witness Detention Without Probable Cause: Thinking Outside The Fourth Amendment, Michael Greenberger

Faculty Scholarship

A constitutional issue recently addressed by the United States Court of Appeals for the Second Circuit in United States v. Awadallah, 349 F.3d 42 (2003), has not received the widespread attention of high-profile litigation concerning the Justice Department's other controversial counter-terrorism policies. It is equally important. The issue arises out of Attorney General Ashcroft's announcement shortly after the terrorist attacks of September 11, 2001 that the aggressive detention of material witnesses [was] vital to preventing, disrupting or delaying new attacks. Since that time, the Department of Justice has used the federal material witness statute (18 U.S.C. Section 3144) to …


Is Criminal Justice A Casualty Of The Bush Administration's War On Terror?, Michael Greenberger Aug 2004

Is Criminal Justice A Casualty Of The Bush Administration's War On Terror?, Michael Greenberger

Faculty Scholarship

Relying on Article I Presidential War Powers, the Bush administration has employed many detention and law enforcement strategies in fighting the War on Terrorism that seemingly give short shrift to traditional constitutional protections. The first of these strategies will be subject to Supreme Court resolution by the end of this Term and concerns the Bush Administration tactic of unilaterally declaring U.S. citizens to be "enemy combatants," thereby subjecting them to incarceration in military prisons without any right to counsel, prior judicial process, or judicial review of this status. Another strategy employed on a widespread basis by the DOJ after September …