National Security Law Commons^™

Technology's War On Terror: The Need For Platform Accountability In The Wake Of A National Security Crisis, Meagan Schantz

Journal of Civil Rights and Economic Development

(Excerpt)

January 6, 2021. A day that “will live forever in infamy.” That day marked the first breach of the United States Capitol Building since 1814—and the second breach ever in American history (the first was during the War of 1812). Five people lost their lives that day and many more were injured in an unprecedented attack on American democracy. Yet, social media records show that “there were no surprises” as to what insurrectionists did on that infamous day.

The plan to “storm the Capitol” began on less-trafficked social media sites, the “darker or more-obscure corners of the internet,” including …

Intelligence Collection And The International Law Of The Sea, James Kraska

International Law Studies

This article explores the legal implications of intelligence collection operations at sea. It concludes that in terms of the international law of the sea, intelligence collection that occurs outside of the territorial sea is lawful. Furthermore, even intelligence collection by a foreign ship inside the territorial sea, while a violation of State sovereignty, may not violate the law of the sea, per se. Additionally, within the territorial sea, coastal States are limited in the measures they may take against foreign-flagged submarines and surface warships collecting intelligence since those activities do not constitute an armed attack or even the use of …

Beyond Guantanamo: Restoring The Rule Of Law To The Law Of War, Claire Oakes Finkelstein, Harvey Rishikof

All Faculty Scholarship

In June 2021, CERL assembled a working group to address the difficult legal and policy questions that arise in anticipation of renewed attempts to close the Guantánamo detention facility. The CERL 2021 Working Group on Guantánamo Bay is co-chaired by Claire Finkelstein, a professor of criminal and national security law at the University of Pennsylvania and CERL’s faculty director, and Harvey Rishikof, former convening authority for the commissions and a visiting professor of national security law at Temple University. The group comprises over thirty national security and counterterrorism experts, retired military officers, lawyers, former Department of Justice officials, psychologists, psychiatrists, …

Deconstructing The Collapse Of Afghanistan National Security And Defense Forces, Thomas F. Lynch Iii

The US Army War College Quarterly: Parameters

No abstract provided.

Parameters Autumn 2022, Usawc Press

The US Army War College Quarterly: Parameters

No abstract provided.

Why America’S Army Can’T Win America’S Wars, John A. Nagl

The US Army War College Quarterly: Parameters

Since achieving victory in World War II, the United States military has a less than enviable combat record in irregular warfare. Through a detailed historical analysis, this article provides perspective on where past decisions and doctrines have led to defeat and where they may have succeeded if given more time or executed differently. In doing so, it provides lessons for future Army engagements and argues that until America becomes proficient in irregular warfare, our enemies will continue to fight us at the lower levels of the spectrum of conflict, where they have a good chance of exhausting our will to …

Book Reviews, Usawc Press

The US Army War College Quarterly: Parameters

No abstract provided.

Professionalizing Special Operations Forces, C. Anthony Pfaff

The US Army War College Quarterly: Parameters

No abstract provided.

From The Editor In Chief, Antulio J. Echevarria Ii

The US Army War College Quarterly: Parameters

No abstract provided.

Assessing The Army’S Cyber Force Structure, John Fernandes, Nicolas Starck, Richard Shmel, Charles Suslowicz, Jan Kallberg, Todd Arnold

The US Army War College Quarterly: Parameters

No abstract provided.

The Cuban Missile Crisis: Miscalculation, Nuclear Risks, And The Human Dimension, Arthur I. Cyr

The US Army War College Quarterly: Parameters

No abstract provided.

Brief In Opposition, Twitter, Inc. V. Taamneh, 143 S.Ct. 1206 (2023) (No. 21.1496), Eric Schnapper, Keith L. Altman, Daniel W. Weininger

Court Briefs

No abstract provided.

National Security Law, Geoffrey M. Goodale, Lucille Hague, Matthew O'Hare, Jonathan M. Meyer, Mario Mancuso, Guy C. Quinlan, Sergio L. Suarez, Loren Voss

The Year in Review

No abstract provided.

Sino-Russian Relations And The War In Ukraine, Zenel Garcia, Kevin D. Modlin

The US Army War College Quarterly: Parameters

Claims that China has taken “Russia’s side” in the Ukrainian War oversimplify Sino-Russian relations. We contend Sino-Russian relations are a narrow partnership centered on accelerating the emergence of a multipolar order to reduce American hegemony and illustrate this point by tracing the discursive and empirical foundations of the relationship using primary and secondary materials. Furthermore, we highlight how the war has created challenges and opportunities for China’s other strategic interests, some at the expense of the United States or Russia.

Srad Director's Corner: Understanding North Korea And The Key To Security In East Asia, George Shatzer

The US Army War College Quarterly: Parameters

In the third installment of the SRAD Director’s Corner, Colonel George Shatzer focuses on North Korea and the Kim family regime. He reviews Becoming Kim Jong Un: A Former CIA Officer’s Insights into North Korea’s Enigmatic Young Dictator by Jung H. Pak and Rationality in the North Korean Regime: Understanding the Kims’ Strategy of Provocation by David W. Shin and shows how these books might help readers better understand North Korea’s leader Kim Jong-Un and the implications of his actions for US foreign and military policy in the region. The books also provide insights for strategists attempting to plan for …

Paving A New (Hua)Wei: A Comparative Analysis Of International Approaches To Securing Information And Communication Technology Supply Chains, Jordan Villegas

Catholic University Law Review

Recent amendments to Chinese Intelligence Laws codify affirmative obligations upon domestic companies and citizens alike, namely, that they must assist and support the Chinese Communist Party (CCP) in its intelligence gathering efforts. Coupling these laws with the international prevalence of Huawei, a Chinese telecommunications company comprising two-thirds of 5G equipment outside China, CCP compromised 5G equipment is an unassailable reality. This article explores five intelligence allied nations and how each has respectively addressed the risk posed by Huawei. It argues each nation’s policies are deducible to three primary approaches, categorically including: (1) promulgation of law explicitly excluding Huawei 5G equipment; …

Fighting Global Surveillance: Lessons From The American Muslim Community, Danna Z. Elmasry

University of Michigan Journal of Law Reform

The United States government has been spying on its citizens through a massive surveillance infrastructure that is unrestricted to a particular target or suspicion of wrongdoing. The statutory and regulatory authorities responsible for this infrastructure are sprawling and often secret. Built-in limitations and oversight mechanisms are riddled with loopholes or inaccessible due to exceedingly high thresholds. Litigation challenges to surveillance overreach often fail at standing. Under the current doctrine, plaintiffs must show that their own communications have been surveilled by a specific surveillance program. This Note contributes to surveillance reform by proposing a private right of action that sets the …

Legislating Against Liberties: Congress And The Constitution In The Aftermath Of War, Harry Blain

Dissertations, Theses, and Capstone Projects

How far can a democracy go to protect itself without jeopardizing the liberties upon which democracy depends? This dissertation examines why wartime restrictions on civil liberties outlive their original justifications. Through a comparative historical analysis of five major American wars, it illustrates the decisive role of the U.S. Congress in preserving these restrictions during peacetime. This argument challenges the prevailing consensus in the literature, which identifies wartime executive power as the main threat to postwar freedoms. It also reveals broader narratives of American constitutional development, including the rise and fall of intrusive congressional investigations, the decline of sedition legislation since …

Maritime Security And Threat Of A Terrorist Attack, Aniruddha Rajput

Pace International Law Review

The incidents of terrorism have multiplied and so have the routes through which the terrorists reach their targets. There is a threat of a terrorist attack from the sea route aimed at targets on the land. Until now the academic scholarship as well as treaty practice has focused on challenges of terrorism to the safety of navigation rather than terrorist threats originating from the sea. Efforts at treaty making in this direction in the past are inadequate to address the problem. This article analyses the legal framework within which response may be undertaken to neutralize a terrorist threat through preventive …

Dna Dystopia: How The National Security Apparatus Could Map The Entire Genome Of America Without Violating The Fourth Amendment Or The Constitutional Right To Privacy, Elias Rios Iii

Brooklyn Law Review

Over the past decade, scientific advances have allowed genetic testing to become accessible to consumers. Direct-to-consumer (DTC) DNA testing companies can analyze your DNA sample so you can learn about your family’s origins or whether you are genetically predisposed to a specific disease or disorder. Consumers can then send these analyzed files to third-party databases that aggregate genetic data for specific purposes, like helping law enforcement solve cold cases. Recently, the Department of Defense alerted servicemembers that DTC DNA tests were a national security threat. Simply put, when the national security apparatus finds a threat, it proactively seeks to neutralize …