Law Commons^™

Crimmigration-Counterterrorism, Margaret Hu

Faculty Publications

The discriminatory effects that may stem from biometric ID cybersurveillance and other algorithmically-driven screening technologies can be better understood through the analytical prism of “crimmigrationcounterterrorism”: the conflation of crime, immigration, and counterterrorism policy. The historical genesis for this phenomenon can be traced back to multiple migration law developments, including the Chinese Exclusion Act of 1882. To implement stricter immigration controls at the border and interior, both the federal and state governments developed immigration enforcement schemes that depended upon both biometric identification documents and immigration screening protocols. This Article uses contemporary attempts to implement an expanded regime of “extreme vetting” to …

The Myth Of Strategic And Tactical Airlift, Jacob D. Maywald, Adam D. Reiman, Alan A. Johnson, Robert E. Overstreet

Faculty Publications

In the 21st century, our ability to quickly and decisively deliver combat forces and equipment is of the utmost importance in achieving our national security objectives. The swiftness and flexibility of the US Air Force’s mobility airlift fleet is the key to executing a rapid global mobility strategy. The operational effectiveness and efficiency of military air transportation relies on the expertise and intuition of Air Mobility Command’s (AMC) mobility planners. Working in coordination with the United States Transportation Command (USTRANSCOM) and geographic combatant commands (GCC), AMC is responsible for the tasking and tracking of almost 900 daily mobility sorties worldwide. …

Restoring The Balance Between Secrecy And Transparency: The Prosecution Of Nationai Security Leaks Under The Espionage Act, Christina E. Wells

Faculty Publications

This Issue Brief reviews the relationship between secrecy, transparency and accountability in the United States, including the role of anonymous leaks. It also examines the threat that increased Espionage Act prosecutions pose to government accountability and discusses why changes to the Espionage Act are necessary to preserve an appropriate balance between government secrecy and transparency.

Biometric Cyberintelligence And The Posse Comitatus Act, Margaret Hu

Faculty Publications

This Article addresses the rapid growth of what the military and the intelligence community refer to as “biometric-enabled intelligence.” This newly emerging intelligence tool is reliant upon biometric databases—for example, digitalized storage of scanned fingerprints and irises, digital photographs for facial recognition technology, and DNA. This Article introduces the term “biometric cyberintelligence” to more accurately describe the manner in which this new tool is dependent upon cybersurveillance and big data’s massintegrative systems.

This Article argues that the Posse Comitatus Act of 1878, designed to limit the deployment of federal military resources in the service of domestic policies, will be difficult …

Brandishing Our Air, Space, And Cyber Swords: Recommendations For Deterrence And Beyond, Mark Reith

Faculty Publications

This article examines how the nation could better prepare to deter aggressive action in space and cyberspace, and if necessary, prevail should deterrence fail. The key themes throughout this article include a strong need for space and cyber situational awareness, the need for an international attribution and escalation framework, and a national investment in space and cyber education, along with an updated national strategy and military doctrine. Although related, this article focuses on deterrence and avoids the topic of cyber coercion.