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High Technology, Consumer Privacy, And U.S. National Security : Hearing Before The Subcomm. On Commerce, Manufacturing, And Trade Of The H. Comm. On Energy And Commerce, 113th Cong., September 17, 2014 (Remarks By Professor Laura K. Donohue, Geo. U. L. Center), Laura K. Donohue 2014 Georgetown University Law Center

High Technology, Consumer Privacy, And U.S. National Security : Hearing Before The Subcomm. On Commerce, Manufacturing, And Trade Of The H. Comm. On Energy And Commerce, 113th Cong., September 17, 2014 (Remarks By Professor Laura K. Donohue, Geo. U. L. Center), Laura K. Donohue

Testimony Before Congress

Documents released over the past year detailing the National Security Agency’s telephony metadata collection program and interception of international content under the Foreign Intelligence Surveillance Act (FISA) directly implicated U.S. high technology companies in government surveillance. The result was an immediate, and detrimental, impact on U.S. firms, the economy, and U.S. national security.

The first Snowden documents, printed June 5, 2013, revealed that the U.S. government had served orders on Verizon, directing the company to turn over telephony metadata under Section 215 of the USA PATRIOT Act. The following day, The Guardian published classified slides ...


Big Success Or "Big Brother?": Great Britain's National Identification Scheme Before The European Court Of Human Rights, Jennifer Morris 2014 University of Georgia School of Law

Big Success Or "Big Brother?": Great Britain's National Identification Scheme Before The European Court Of Human Rights, Jennifer Morris

Georgia Journal of International & Comparative Law

No abstract provided.


Defining The Battlefield In Contemporary Conflict And Counterterrorism: Understanding The Parameters Of The Zone Of Combat, Laurie R. Blank 2014 University of Georgia School of Law

Defining The Battlefield In Contemporary Conflict And Counterterrorism: Understanding The Parameters Of The Zone Of Combat, Laurie R. Blank

Georgia Journal of International & Comparative Law

No abstract provided.


Redefining The Right To Be Let Alone: Privacy Rights And The Constitutionality Of Technical Surveillance Measures In Germany And The United States, Nicole Jacoby 2014 University of Georgia School of Law

Redefining The Right To Be Let Alone: Privacy Rights And The Constitutionality Of Technical Surveillance Measures In Germany And The United States, Nicole Jacoby

Georgia Journal of International & Comparative Law

No abstract provided.


Global Cyber Intermediary Liability: A Legal & Cultural Strategy, Jason H. Peterson, Lydia Segal, Anthony Eonas 2014 Pace University

Global Cyber Intermediary Liability: A Legal & Cultural Strategy, Jason H. Peterson, Lydia Segal, Anthony Eonas

Pace Law Review

This Article fills the gap in the debate on fighting cybercrime. It considers the role of intermediaries and the legal and cultural strategies that countries may adopt. Part II.A of this Article examines the critical role of intermediaries in cybercrime. It shows that the intermediaries’ active participation by facilitating the transmission of cybercrime traffic removes a significant barrier for individual perpetrators. Part II.B offers a brief overview of legal efforts to combat cybercrime, and examines the legal liability of intermediaries in both the civil and criminal context and in varying legal regimes with an emphasis on ISPs. Aside ...


Rethinking The Role And Regulation Of Private Military Companies: What The United States And United Kingdom Can Learn From Shared Experiences In The War On Terror, A. Grayson Irvin 2014 University of Georgia School of Law

Rethinking The Role And Regulation Of Private Military Companies: What The United States And United Kingdom Can Learn From Shared Experiences In The War On Terror, A. Grayson Irvin

Georgia Journal of International & Comparative Law

No abstract provided.


Who's Checking?: Taking A Look At Recently Enacted Foreign Intelligence Surveillance Laws In The United States And Zimbabwe And Their Impact On The Separation Of Powers, Andrew M. O'Connell 2014 University of Georgia School of Law

Who's Checking?: Taking A Look At Recently Enacted Foreign Intelligence Surveillance Laws In The United States And Zimbabwe And Their Impact On The Separation Of Powers, Andrew M. O'Connell

Georgia Journal of International & Comparative Law

No abstract provided.


The State Secrets Privilege And Corporate Complicity In Extraordinary Rendition, Lucien J. Dhooge 2014 University of Georgia School of Law

The State Secrets Privilege And Corporate Complicity In Extraordinary Rendition, Lucien J. Dhooge

Georgia Journal of International & Comparative Law

No abstract provided.


The Expansion Of Executive Powers In Response To The Threat Of Bioterrorism Against Individuals And Agribusiness, Samuel W. Bettwy 2014 SelectedWorks

The Expansion Of Executive Powers In Response To The Threat Of Bioterrorism Against Individuals And Agribusiness, Samuel W. Bettwy

Samuel W Bettwy

This paper examines and compares, in historical context, the expansion of governmental authority in response to threats of bioterrorism, one of which is aimed directly at people, the other of which is aimed directly at agribusiness. The examination reveals that there is a historical, natural tendency of the executive branch to expand its powers and that the legislative and judicial branches tend to defer to the executive branch during emergencies. The comparison reveals that, although there is such a natural attempt by the executive branch to expand its powers, such expansion has yielded more to concerns over individual rights and ...


‘Anchor/Terror Babies’ And Latina Bodies: Immigration Rhetoric In The 21st Century And The Feminization Of Terrorism, Carmen R. Lugo-Lugo, Mary K. Bloodsworth-Lugo 2014 Salve Regina University

‘Anchor/Terror Babies’ And Latina Bodies: Immigration Rhetoric In The 21st Century And The Feminization Of Terrorism, Carmen R. Lugo-Lugo, Mary K. Bloodsworth-Lugo

Journal of Interdisciplinary Feminist Thought

The post-9/11 era in the United States has revealed a specific fear about immigrants as terrorist threats. Although this fear manifests as a generalized one against any immigrant, when we analyze public discourse, we can find rhetorical patterns involving specific groups, with Latinos/as at center. U.S. public discourse typically conjures images of immigrants as terrorists, which are either genderless or male, and it is activated and cultivated in moments of national crisis (most recently, the 2013 Boston marathon bombing attacks). In this paper, we move beyond notions of immigrants as either genderless or male to discuss post-9 ...


Section 702 And The Collection Of International Telephone And Internet Content, Laura K. Donohue 2014 Georgetown University Law Center

Section 702 And The Collection Of International Telephone And Internet Content, Laura K. Donohue

Georgetown Law Faculty Publications and Other Works

Section 702 of the Foreign Intelligence Surveillance Act (FISA) authorizes the NSA to collect the electronic communications of non-U.S. targets located overseas. Recent media reports and declassified documents reveal a more extensive program than publicly understood. The article begins by considering the origins of the current programs and the relevant authorities, particularly the transfer of part of the post-9/11 President’s Surveillance Program to FISA. It outlines the contours of the 2007 Protect America Act, before its replacement in 2008 by the FISA Amendments Act (FAA). The section ends with a brief discussion of the current state of ...


Thinking Ahead - Implementing The Nist Cybersecurity Framework To Protect From Potential Legal Liability, Markus Rauschecker 2014 University of Maryland Francis King Carey School of Law

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

Homeland Security Publications

No abstract provided.


Military Commissions In America? Domestic Liberty Implications Of The Military Commissions Act Of 2006, Sean Riordan 2014 Touro College Jacob D. Fuchsberg Law Center

Military Commissions In America? Domestic Liberty Implications Of The Military Commissions Act Of 2006, Sean Riordan

Touro Law Review

No abstract provided.


A Liberal Communitarian Approach To Security Limitations On The Freedom Of The Press, Amitai Etzioni 2014 College of William & Mary Law School

A Liberal Communitarian Approach To Security Limitations On The Freedom Of The Press, Amitai Etzioni

William & Mary Bill of Rights Journal

No abstract provided.


Strengthening The Us Saudi Relationship: Senator Howard Baker Jr. And The Awacs, Ediobong Aniekan Ebiefung 2014 University of Tennessee, Knoxville

Strengthening The Us Saudi Relationship: Senator Howard Baker Jr. And The Awacs, Ediobong Aniekan Ebiefung

University of Tennessee Honors Thesis Projects

No abstract provided.


The Public Right-To-Know On A Need-To-Know Basis: Striking The Balance Between National Security And Environmental Protection, Brian Reilly 2014 Boston College Law School

The Public Right-To-Know On A Need-To-Know Basis: Striking The Balance Between National Security And Environmental Protection, Brian Reilly

Boston College Environmental Affairs Law Review

Enforcing environmental laws does not immediately appear to be fundamentally inconsistent with maintaining national security. Many people have criticized the Emergency Planning and Community Right to Know Act, however, as potentially placing American citizens at risk of a terrorist attack. This Note discusses the difficulties associated with striking the balance between giving citizens access to important environmental information while limiting terrorists’ ability to misuse that same information. Although this issue is a difficult one on its own, it is compounded by recent developments affecting standing in environmental citizen suits. This Note argues that even if the proper balance is struck ...


Nuclear Facility Licensing, Terrorist Threats, And Nepa Section 102(2)(C) Compliance, Michael DeIulis 2014 Boston College Law School

Nuclear Facility Licensing, Terrorist Threats, And Nepa Section 102(2)(C) Compliance, Michael Deiulis

Boston College Environmental Affairs Law Review

The conflicting decisions for the Courts of Appeals for the Third and Ninth Circuits in New Jersey Department of Environmental Protection v. Nuclear Regulatory Commission and San Luis Obispo Mothers for Peace v. Nuclear Regulatory Commission, respectively, leave it an open question outside those jurisdictions whether the Nuclear Regulatory Commission (NRC) must account for the environmental impacts of terrorism under the National Environmental Policy Act (NEPA) § 102(2)(C). Courts should follow the Ninth Circuit’s approach of requiring such an analysis because the impacts of terrorism are not too far removed from the underlying agency action. Although programmatic treatment ...


Abidor V. Napolitano: Suspicionless Cell Phone And Laptop Searches At The Border Compromise The Fourth And First Amendments, Adam Lamparello, Charles MacLean 2014 SelectedWorks

Abidor V. Napolitano: Suspicionless Cell Phone And Laptop Searches At The Border Compromise The Fourth And First Amendments, Adam Lamparello, Charles Maclean

Adam Lamparello

The article explores the December 31, 2013 Abidor decision where the federal district court upheld the ongoing application of the border search exception as applied to deep, forensic searches of laptops and other digital devices. That exception allows suspicionless searches of any persons, effects, and “closed containers” crossing a border into the United States, and laptops and external hard drives are generally considered “closed containers” under the border search exception. We argue that the border search exception, grounded as it is in pre-digital age fact patterns, should no longer serve as precedent for border searches of the immense memories of ...


The Civil Codes Of Libya And Syria: Hybridity, Durability, And Post-Revolution Viability In The Aftermath Of The Arab Spring, Dan E. Stigall 2014 SelectedWorks

The Civil Codes Of Libya And Syria: Hybridity, Durability, And Post-Revolution Viability In The Aftermath Of The Arab Spring, Dan E. Stigall

Dan E Stigall

The Arab Spring sent shockwaves through the political landscape of the Middle East and North Africa and upended long-standing authoritarian regimes throughout the region in rapid succession. Among the many countries touched by the Arab Spring, however, Libya and Syria have been among the most profoundly impacted, experiencing institutional deficits that complicate efforts to resolve ongoing conflicts and now threaten regional stability.

The effects of such instability pose a threat to the international community, making the stabilization of these countries a matter of international concern. In order to transition from conflict to peace and sustainable development in Libya and Syria ...


Targeted Killing: United States Policy, Constitional Law, And Due Process, Mark Febrizio 2014 Liberty University

Targeted Killing: United States Policy, Constitional Law, And Due Process, Mark Febrizio

Senior Honors Theses

The increased incorporation of targeted killing, primarily through the use of unmanned aerial vehicles, into United States policy raises salient questions regarding its consistency with the U.S. Constitution. This paper contrasts interpretations of constitutional due process with the current legal framework for conducting targeted killing operations. The Fifth Amendment to the Constitution establishes the due process owed to U.S. citizens. This paper determines that the killing of Anwar al-Awlaki, an American citizen, was accomplished in a manner inconsistent with constitutional due process and demonstrates an over-extension of executive branch power. This paper examines one scholarly recommendation that seeks ...


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