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Articles 1 - 18 of 18
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Regulating The Use Of Military Human Enhancements That Can Cause Side Effects Under The Law Of Armed Conflict: Towards A Method-Based Approach, Yang Liu
American University National Security Law Brief
The development of human enhancement (HE) technology has rendered its military potential increasingly noticed by major military powers. It can be expected that “enhanced warfighters” or “super soldiers” will be used on the battleground in the foreseeable future, which can give rise to many legal issues.
Letter Form The Editor, Wayne Rash, Iii
Letter Form The Editor, Wayne Rash, Iii
American University National Security Law Brief
In our last issue of The National Security Law Brief, Vol. 13, No. 1, we highlighted the dynamism that makes National Security Law such an exciting field. In this issue, No. 2, we continue with the dynamism theme. National security law is a field in constant change that often leaves us questioning how these changes will shape the law.
The Need For An Australian Regulatory Code For The Use Of Artificial Intelligence (Ai) In Military Application, Sascha-Dominik Dov Bachmann, Richard V. Grant
The Need For An Australian Regulatory Code For The Use Of Artificial Intelligence (Ai) In Military Application, Sascha-Dominik Dov Bachmann, Richard V. Grant
American University National Security Law Brief
Artificial Intelligence (AI) is enabling rapid technological innovation and is ever more pervasive, in a global technological eco-system lacking suitable governance and absence of regulation over AI-enabled technologies. Australia is committed to being a global leader in trusted secure and responsible AI and has escalated the development of its own sovereign AI capabilities. Military and Defence organisations have similarly embraced AI, harnessing advantages for applications supporting battlefield autonomy, intelligence analysis, capability planning, operations, training, and autonomous weapons systems. While no regulation exists covering AI-enabled military systems and autonomous weapons, these platforms must comply with International Humanitarian Law, the Law of …
Hanging In The Balance: An Assessment Of European Versus American Data Privacy Laws And Threats To U.S. National Security, Dara Paleski
Hanging In The Balance: An Assessment Of European Versus American Data Privacy Laws And Threats To U.S. National Security, Dara Paleski
American University National Security Law Brief
Social media has quickly become an integral part of modern-day life, keeping the world connected to friends, family and current events. Social media, and the data collected from it, also play a crucial role in intelligence gathering and the safeguarding of national security. It is estimated that about 80-95% of information that is collected for intelligence missions is found freely throughout the internet or other publicly available sources. This type of information has been dubbed SOCMINT (Social Media Intelligence) and it has become a crucial tool within the intelligence community. After the Edward Snowden leaks in 2013 revealed a global …
Revisiting Goldwater-Nichols: Why Making The Joint Staff A General Staff Will Improve Civilian Control Of The Military And Refine The Constitutional Balance Of War Powers, Michael D. Minerva
Revisiting Goldwater-Nichols: Why Making The Joint Staff A General Staff Will Improve Civilian Control Of The Military And Refine The Constitutional Balance Of War Powers, Michael D. Minerva
American University National Security Law Brief
As the United States has progressively become more involved globally since World War II, the U.S. military is being stretched beyond the professional military competency straining civilian control of the military. To remedy this, it is again time to revisit our national security structure, and adopt a General Staff in place of the Joint Staff. Following World War II and the destruction of the German General Staff by the Nazi Party, the General Staff as an institution has been emotionally rejected in the United States without a careful historical and legal examination of how that institution operates under varying forms …
The New Great Wall Against China, Paul Rose
The New Great Wall Against China, Paul Rose
American University National Security Law Brief
This essay documents some of the recent changes in foreign investment law as a manifestation of increasing concerns with Chinese investment specifically and globalization more generally. The essay first shows how foreign investment laws in major economies have become increasingly illiberal since the Financial Crisis. Next, the essay considers the justification and impact of recent United States rules designed to reduce Chinese investment. Comparing data on merger and acquisition activity in the United States with the number of filings made to the Committee on Foreign Investment in the United States (CFIUS), the essay documents that although merger and acquisition activity …
The American Security Drone Act: America's Paper Tiger Vs. China's Trojan Horse, Susan E. Upward
The American Security Drone Act: America's Paper Tiger Vs. China's Trojan Horse, Susan E. Upward
American University National Security Law Brief
The skies above America have been increasingly inundated with small unmanned aircraft systems (sUAS) operated by both government agencies and civilians alike. The majority of these drones are manufactured by Da-Jiang Innovations (DJI), a Chinese company that continues to emerge as a national security threat. The risk posed by these drones stems not only from physical access to American airspace, but also from the surreptitious transmittal of information back behind the “Great Firewall of China” via DJI mobile device applications. However, current pending legislation is inadequate to effectively counter this threat. Instead, the United States should take a more comprehensive …
President Of The United States, Destroyer Of Worlds: Considering Congress's Authority To Enact A Nuclear No-First-Use Law, John Ramming Chappell
President Of The United States, Destroyer Of Worlds: Considering Congress's Authority To Enact A Nuclear No-First-Use Law, John Ramming Chappell
American University National Security Law Brief
This article argues that Congress can exercise its constitutional war powers to enact a law restricting the President from using nuclear weapons first. The article contends that using a nuclear weapon is qualitatively different from conventional warfare and that the first use of nuclear weapons marks a decision to enter into war. Therefore, nuclear first use is not a battlefield decision within the President’s commander in chief power but rather a choice to enter the United States into a new type of conflict that could pose a direct, immediate, and existential threat to the U.S. homeland. Regulating that decision falls …
The Capitol Riot, Racism And The Future Of American Democracy, Ryan T. Williams
The Capitol Riot, Racism And The Future Of American Democracy, Ryan T. Williams
American University National Security Law Brief
No abstract provided.
Rethinking Responsibility As Cooperation And Control: The Case Of Intelligence Agents, Raphael Bitton
Rethinking Responsibility As Cooperation And Control: The Case Of Intelligence Agents, Raphael Bitton
American University National Security Law Brief
No abstract provided.
The Right Of Return: The Isis Bride, Casey Hare-Osifchin
The Right Of Return: The Isis Bride, Casey Hare-Osifchin
American University National Security Law Brief
No abstract provided.
The Artemis Accords: Employing Space Diplomacy To De-Escalate A National Security Threat And Promote Space Commercialization, Elya A. Taichman
The Artemis Accords: Employing Space Diplomacy To De-Escalate A National Security Threat And Promote Space Commercialization, Elya A. Taichman
American University National Security Law Brief
No abstract provided.
The Mental Health Of Our National Security: Protecting The Minds That Protect The Homeland, Alan Wehbé
The Mental Health Of Our National Security: Protecting The Minds That Protect The Homeland, Alan Wehbé
American University National Security Law Brief
No abstract provided.
Cybersecurity, Identity Theft, And Standing Law: A Framework For Data Breaches Using Substantial Risk In A Post-Clapper World, James C. Chou
Cybersecurity, Identity Theft, And Standing Law: A Framework For Data Breaches Using Substantial Risk In A Post-Clapper World, James C. Chou
American University National Security Law Brief
No abstract provided.
The Implications Of Creating An Iphone Backdoor, Gregory Coutros
The Implications Of Creating An Iphone Backdoor, Gregory Coutros
American University National Security Law Brief
No abstract provided.
The Intersection Of "Internet Terrorism" And "Individual Privacy" In The Context Of The First Amendment, Amanda Leonard
The Intersection Of "Internet Terrorism" And "Individual Privacy" In The Context Of The First Amendment, Amanda Leonard
American University National Security Law Brief
No abstract provided.
The Law Of Armed Conflict, Unconventional Warfare, And Cyber Attacks, Thomas P. Jordan
The Law Of Armed Conflict, Unconventional Warfare, And Cyber Attacks, Thomas P. Jordan
American University National Security Law Brief
No abstract provided.
Applying The Law Of Neutrality While Transitioning The Seas Of Cyberspace, Danielle Higson
Applying The Law Of Neutrality While Transitioning The Seas Of Cyberspace, Danielle Higson
American University National Security Law Brief
No abstract provided.