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Full-Text Articles in National Security Law

Cyber War And Deterrence: Applying A General Theoretical Framework, Isaac Nacita [*], Mark Reith Jul 2018

Cyber War And Deterrence: Applying A General Theoretical Framework, Isaac Nacita [*], Mark Reith

Faculty Publications

There is a saying that politicians and generals are always fighting the last war, which is emphasized when the weapons and characteristics of warfare are changing rapidly. However, if this is true, it is often not due to an inability to learn lessons from previous conflicts, but to “overlearn” or overcompensate for the failures and experiences of the past. In reality, this is not a learning problem but one of forming poor implications from historical events, which leads to poor applications of doctrine the next time around. The DOD now acknowledges that warfare has extended into cyberspace, and it is …


Bulk Biometric Metadata Collection, Margaret Hu Jun 2018

Bulk Biometric Metadata Collection, Margaret Hu

Faculty Publications

Smart police body cameras and smart glasses worn by law enforcement increasingly reflect state-of-the-art surveillance technology, such as the integration of live-streaming video with facial recognition and artificial intelligence tools, including automated analytics. This Article explores how these emerging cybersurveillance technologies risk the potential for bulk biometric metadata collection. Such collection is likely to fall outside the scope of the types of bulk metadata collection protections regulated by the USA FREEDOM Act of 2015. The USA FREEDOM Act was intended to bring the practice of bulk telephony metadata collection conducted by the National Security Agency (“NSA”) under tighter regulation. In …


Yes, There Is Such A Thing As Too Much Transparency, Sam F. Halabi Jan 2018

Yes, There Is Such A Thing As Too Much Transparency, Sam F. Halabi

Faculty Publications

In a world where secret meetings and resulting agreements seem particularly suspect, it might be tempting to think that the growing norm of transparency might keep the world a more harmonious place. Woodrow Wilson famously extolled the virtues of "open covenants of peace, openly arrived at...." Ashley Deeks, in her recent article, A (Qualified) Defense of Secret Agreements, asks us to think again of this norm and dictum. Her article is one I like a lot, and I hope others active in the study and shaping of international law and international relations do as well.