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Targeted Capture, Alexander K.A. Greenawalt 2018 Elisabeth Haub School of Law at Pace University

Targeted Capture, Alexander K.A. Greenawalt

Pace Law Faculty Publications

This Article confronts one of the most difficult and contested questions in the debate about targeted killing that has raged in academic and policy circles over the last decade. Suppose that, in wartime, the target of a military strike may readily be neutralized through nonlethal means such as capture. Do the attacking forces have an obligation to pursue that nonlethal alternative? The Article defends the duty to employ less restrictive means (“LRM”) in wartime, and it advances several novel arguments in defense of that obligation. In contrast to those who look to external restraints--such as those imposed by international human ...


Contemporary Practice Of The United States Relating To International Law (112:1 Am J Int'l L), Jean Galbraith 2018 University of Pennsylvania Law School

Contemporary Practice Of The United States Relating To International Law (112:1 Am J Int'l L), Jean Galbraith

Faculty Scholarship

This article is reproduced with permission from the January 2018 issue of the American Journal of International Law © 2018 American Society of International Law. All rights reserved.

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Section 230’S Liability Shield In The Age Of Online Terrorist, Jaime M. Freilich 2018 Brooklyn Law School

Section 230’S Liability Shield In The Age Of Online Terrorist, Jaime M. Freilich

Brooklyn Law Review

In recent years, “home grown” terrorists—individuals inspired to violence after watching terrorist videos online—have been responsible for devastating attacks in the United States and across Europe. Such terrorist propaganda falls outside the realm of the First Amendment’s protection because it has been proven to indoctrinate attackers, thus inciting imminent lawless action. Seizing on this, victims’ families have brought suits alleging that social media platforms, including Twitter, Facebook, and Google, provided material support to terrorists in violation of the Anti-Terrorism Act (ATA). The Communications Decency Act (CDA), however, has served as an impenetrable shield against these claims, protecting ...


Undocumented Citizens Of The United States: The Repercussions Of Denying Birth Certificates, Anna L. Lichtenberger 2018 St. Mary's University School of Law

Undocumented Citizens Of The United States: The Repercussions Of Denying Birth Certificates, Anna L. Lichtenberger

St. Mary's Law Journal

Abstract forthcoming


Plata O Plomo: Effect Of Mexican Transnational Criminal Organizations On The American Criminal Justice System, Mark M. McPherson 2018 St. Mary's University School of Law

Plata O Plomo: Effect Of Mexican Transnational Criminal Organizations On The American Criminal Justice System, Mark M. Mcpherson

St. Mary's Law Journal

Abstract forthcoming


Finality Of A Conviction: A Noncitizen's Right To Procedural Due Process, Daniela Mondragon 2018 St. Mary's University

Finality Of A Conviction: A Noncitizen's Right To Procedural Due Process, Daniela Mondragon

St. Mary's Law Journal

Abstract forthcoming


Cybersecurity And The New Era Of Space Activities, David P. Fidler 2018 Indiana University Maurer School of Law

Cybersecurity And The New Era Of Space Activities, David P. Fidler

Articles by Maurer Faculty

No abstract provided.


Legal Issues: Security And Privacy With Mobile Devices, Brian Leonard, Maurice Dawson 2017 Alabama A&M University

Legal Issues: Security And Privacy With Mobile Devices, Brian Leonard, Maurice Dawson

Maurice Dawson

Privacy and security are two items being woven into the fabric of American law concerning mobile devices. This chapter will review and analyze the associated laws and policies that are currently in place or have been proposed to ensure proper execution of security measures for mobile and other devices while still protecting individual privacy. This chapter will address the fact that as the American society significantly uses mobile devices, it is imperative to understand the legal actions surrounding these technologies to include their associated uses. This chapter will also address the fact that with 9/11 in the not so ...


International Journal Of Information Privacy, Security And Integrity, James Stewart, Maurice Dawson 2017 Roosevelt University

International Journal Of Information Privacy, Security And Integrity, James Stewart, Maurice Dawson

Maurice Dawson

Research on cyber security related to social engineering has expanded from its purely technological orientation into explaining the role of human behavior in detecting deception. In the broadest definition, social engineering, in the context of information security, is the manipulation of individuals to perform actions that cause harm or increase the probability of causing future harm. Human personality traits significantly contribute to the probability that an individual is susceptible to manipulation related to social engineering deception attacks and exploits (Maurya, 2013). The outcome of the attacks and objective is the alteration of normal and rational decision making as described in ...


A Brief Review Of New Threats And Countermeasures In Digital Crime And Cyber Terrorism, Maurice Dawson 2017 University of Missouri - St Louis

A Brief Review Of New Threats And Countermeasures In Digital Crime And Cyber Terrorism, Maurice Dawson

Maurice Dawson

Cyber security is becoming the cornerstone of national security policies in many countries around the world as it is an interest to many stakeholders, including utilities, regulators, energy markets, government entities, and even those that wish to exploit the cyber infrastructure. Cyber warfare is quickly becoming the method of warfare and the tool of military strategists. Additionally, it is has become a tool for governments to aid or exploit for their own personal benefits. For cyber terrorists there has been an overwhelmingly abundance of new tools and technologies available that have allowed criminal acts to occur virtually anywhere in the ...


Neutrality And Outer Space, Wolff Heintschel von Heinegg 2017 Europa-Universität Viadrina, Frankfurt (Oder), Germany

Neutrality And Outer Space, Wolff Heintschel Von Heinegg

International Law Studies

This article discusses the law of neutrality as it pertains to belligerent operations in and through outer space as well as belligerent outer space operations involving the territory and national airspace of neutral States. As far as the latter is concerned, the traditional law of neutrality is fully applicable. Accordingly, international law prohibits belligerents from launching space objects from neutral territory or through neutral national airspace. While neutral States may not provide belligerents with outer space assets or the use of communications infrastructure located in their territories, they are not obliged to prevent their nationals from providing any of the ...


Assessing And Enhancing Nuclear Safety And Security Culture For Small Facilities That Handle Radioactive Material, Solymosi Máté 2017 Somos Environmental Protection Ltd.

Assessing And Enhancing Nuclear Safety And Security Culture For Small Facilities That Handle Radioactive Material, Solymosi Máté

International Journal of Nuclear Security

The use of radioactive sources is expanding all over the world and abreast the necessity of the enhancement of its safe and secure application is increasing too. In the nuclear industry, the safety and security are top priorities since decades. They share the same goal, to protect humans from the negative affect of the ionizing radiation. The human component of them is a significant factor and technical solutions can protect us so far and thus the culture for safety and security become a major focus. On the other hand, there are still some contradiction between recommendations and international guidance of ...


Private Actors, Corporate Data And National Security: What Assistance Do Tech Companies Owe Law Enforcement?, Caren Morrison 2017 College of William & Mary Law School

Private Actors, Corporate Data And National Security: What Assistance Do Tech Companies Owe Law Enforcement?, Caren Morrison

William & Mary Bill of Rights Journal

When the government investigates a crime, do citizens have a duty to assist? This question was raised in the struggle between Apple and the FBI over whether the agency could compel Apple to defeat its own password protections on the iPhone of one of the San Bernardino shooters. That case was voluntarily dismissed as moot when the government found a way of accessing the data on the phone, but the issue remains unresolved.

Because of advances in technology, software providers and device makers have been able to develop almost impenetrable protection for their customers’ information, effectively locking law enforcement out ...


The Future Of Nuclear Security In Moroccan Territory After The Creation Of The New Moroccan Agency Of Nuclear And Radiological Safety And Security: Opportunities And Challenges, Amal Touarsi, Amina Kharchaf 2017 Faculty of Sciences University Ibn Tofail

The Future Of Nuclear Security In Moroccan Territory After The Creation Of The New Moroccan Agency Of Nuclear And Radiological Safety And Security: Opportunities And Challenges, Amal Touarsi, Amina Kharchaf

International Journal of Nuclear Security

Nowadays, a security regime for protecting nuclear and radiological material—providing an intelligent national regulatory institution and establishing national security laws—is necessary in order for a state to ensure security of nuclear and radiological materials used within its borders.

This paper focuses on discussing the opportunities and challenges facing the future of nuclear security after the creation of the new Moroccan Agency of Nuclear and Radiological Safety and Security.


Encryption, Asymmetric Warfare, And The Need For Lawful Access, Geoffrey S. Corn 2017 College of William & Mary Law School

Encryption, Asymmetric Warfare, And The Need For Lawful Access, Geoffrey S. Corn

William & Mary Bill of Rights Journal

No abstract provided.


Horizontal Cybersurveillance Through Sentiment Analysis, Margaret Hu 2017 College of William & Mary Law School

Horizontal Cybersurveillance Through Sentiment Analysis, Margaret Hu

William & Mary Bill of Rights Journal

This Essay describes emerging big data technologies that facilitate horizontal cybersurveillance. Horizontal cybersurveillance makes possible what has been termed as “sentiment analysis.” Sentiment analysis can be described as opinion mining and social movement forecasting. Through sentiment analysis, mass cybersurveillance technologies can be deployed to detect potential terrorism and state conflict, predict protest and civil unrest, and gauge the mood of populations and subpopulations. Horizontal cybersurveillance through sentiment analysis has the likely result of chilling expressive and associational freedoms, while at the same time risking mass data seizures and searches. These programs, therefore, must be assessed as adversely impacting a combination ...


The Unreasonable Rise Of Reasonable Suspicion: Terrorist Watchlists And Terry V. Ohio, Jeffrey Kahn 2017 College of William & Mary Law School

The Unreasonable Rise Of Reasonable Suspicion: Terrorist Watchlists And Terry V. Ohio, Jeffrey Kahn

William & Mary Bill of Rights Journal

Terry v. Ohio’s “reasonable suspicion” test was created in the context of domestic law enforcement, but it did not remain there. This Essay examines the effect of transplanting this test into a new context: the world of terrorist watchlists. In this new context, reasonable suspicion is the standard used to authorize the infringement on liberty that often results from being watchlisted. But nothing else from the case that created that standard remains the same. The government official changes from a local police officer to an anonymous member of the intelligence community. The purpose changes from crime prevention to counterterrorism ...


The Future Of Nuclear Security: A Medical Physicist’S Perspective, Katharine E. Thomson 2017 Plymouth Hospitals NHS Trust

The Future Of Nuclear Security: A Medical Physicist’S Perspective, Katharine E. Thomson

International Journal of Nuclear Security

Planning for the future of nuclear security is a vital and complex task, requiring cooperation and contribution from many disciplines and industries. This diversity of expertise should include the medical sector, which faces many of the same challenges as the nuclear industry: controlling access to dangerous material, creating a strong security culture, cooperating with the wider world and engaging the public.

Medical physicists, of which the author is one, oversee all aspects of small-scale radiation use. This paper discusses three key areas increasingly important to both medical and nuclear uses of radioactive materials: public engagement, prevention of nuclear and radiological ...


The Scrivener’S Secrets Seen Through The Spyglass: Gchq And The International Right To Journalistic Expression, Matthew B. Hurowitz 2017 Brooklyn Law School

The Scrivener’S Secrets Seen Through The Spyglass: Gchq And The International Right To Journalistic Expression, Matthew B. Hurowitz

Brooklyn Journal of International Law

As part of the U.K.’s electronic surveillance program, the Government Communications Headquarters (GCHQ), started in 1909 to combat German Spies, now collects metadata from both foreigners and its own citizens. Through the express statutory authority of the Regulation of Investigatory Powers Act of 2000 (RIPA), and a loophole in section 94 of the Telecommunications Act of 1984, the GCHQ collects metadata, which is all of the information that is extrinsic to the actual contents of a communication. The GCHQ can request an authorization from a public authority—a member of its own staff—to collect traffic data, service ...


Indeterminacy In The Law Of War: The Need For An International Advisory Regime, Ariel Zemach 2017 Brooklyn Law School

Indeterminacy In The Law Of War: The Need For An International Advisory Regime, Ariel Zemach

Brooklyn Journal of International Law

Indeterminacy in the law of war exacts a severe humanitarian toll, and it is not likely to be reduced by the conclusion of additional treaties. The present article argues that the adverse consequences of this indeterminacy may be mitigated through a U.N. Security Council (SC) action establishing an international advisory regime and using the broad powers of the SC to provide incentives for states to subscribe to this regime voluntarily. States subscribing to the advisory regime (“operating states”) would undertake to follow the interpretation of the law of war laid out by international legal advisors. The advisory regime would ...


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