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Articles 31 - 42 of 42
Full-Text Articles in National Security Law
Section 230’S Liability Shield In The Age Of Online Terrorist, Jaime M. Freilich
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 social media companies …
Is The President A Traitor? A Legal Analysis, Noah Kupferberg
Is The President A Traitor? A Legal Analysis, Noah Kupferberg
Faculty Scholarship
No abstract provided.
What About Small Businesses? The Gdpr And Its Consequences For Small U.S.-Based Companies, Craig Mcallister
What About Small Businesses? The Gdpr And Its Consequences For Small U.S.-Based Companies, Craig Mcallister
Brooklyn Journal of Corporate, Financial & Commercial Law
Fast-approaching changes to European data privacy law will have consequences around the globe. Historically, despite having dramatically different approaches to data privacy and data protection, the European Union and the United States developed a framework to ensure that the highspeed freeway that is transatlantic data transfer moved uninterrupted. That framework was overturned in the wake of revelations regarding U.S. surveillance practices, and amidst skepticism that the United States did not adequately protect personal data. Further, the European Union enacted the General Data Protection Regulation (GDPR), a sweeping overhaul of the legal data protection landscape that will take effect in May …
The Scrivener’S Secrets Seen Through The Spyglass: Gchq And The International Right To Journalistic Expression, Matthew B. Hurowitz
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 use information, or subscriber …
Indeterminacy In The Law Of War: The Need For An International Advisory Regime, Ariel Zemach
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 represent …
Security Clearance Conundrum: The Need For Reform And Judicial Review, Heidi Gilchrist
Security Clearance Conundrum: The Need For Reform And Judicial Review, Heidi Gilchrist
Faculty Scholarship
No abstract provided.
Fueling The Terrorist Fires With The First Amendment: Religious Freedom, The Anti-Lgbt Right, And Interest Convergence Theory, Kyle C. Velte
Fueling The Terrorist Fires With The First Amendment: Religious Freedom, The Anti-Lgbt Right, And Interest Convergence Theory, Kyle C. Velte
Brooklyn Law Review
This article argues that there is a connection between formal equality for LGBT Americans and the United States’ foreign policy and national security interests. It makes that connection utilizing Professor Derek Bell’s interest convergence paradigm. It argues that the new agenda of the American Religious Right is one that seeks to assert quasi-theocratic and anti-Establishment positions in litigation as well as in its promulgation of anti-LGBT laws. This agenda is cloaked in the garb of “religious freedom,” but the Religious Right’s definition of “religious freedom” is one that runs counter to our long-standing understanding of that principle as one that …
Governance By Proxy: Cyber Challenges To Civil Liberties, Niva Elkin-Koren, Eldar Haber
Governance By Proxy: Cyber Challenges To Civil Liberties, Niva Elkin-Koren, Eldar Haber
Brooklyn Law Review
No abstract provided.
If We Don’T Bring Them To Court, The Terrorists Will Have Won: Reinvigorating The Anti-Terrorist Act And General Jurisdiction In A Post-Daimler Era, Stephen J. Digregoria
If We Don’T Bring Them To Court, The Terrorists Will Have Won: Reinvigorating The Anti-Terrorist Act And General Jurisdiction In A Post-Daimler Era, Stephen J. Digregoria
Brooklyn Law Review
Prior to the Supreme Court's recent general personal jurisdiction decisions in Daimler AG v. Bauman and Goodyear Dunlop Tires Operations S.A. v. Brown American terror victims, injured in terror attacks abroad, were able to bring their attackers and those who sponsor them into United States courts for relief. Specifically, groups like the Palestine Liberation Organization (the PLO) and the Palestinian Authority (the PA) had a history of being sued by American victims of terror. In the course of these suits, the PLO and the PA were regularly found subject to the personal jurisdiction of U.S. courts under a theory of …
The Art Of Nailing Jell-O To The Wall: Reassessing The Political Power Of The Internet, Bryan Druzin, Jessica Li
The Art Of Nailing Jell-O To The Wall: Reassessing The Political Power Of The Internet, Bryan Druzin, Jessica Li
Journal of Law and Policy
Political observers commonly argue that, given the unique characteristics of the Internet, democratization is an inevitability of its widespread use. The critical role that social media played in the wave of demonstrations, protests, and revolutions that swept across the Arab world in 2011 cemented this perception in the minds of many. Yet China defies this simplistic paradigm—China has been stunningly successful at constraining the political power of its Internet. We argue that the political importance of Internet technology has been overstated, particularly with respect to China. As support for this thesis, we cite recent political events in Hong Kong known …
Standing Up For Their Data: Recognizing The True Nature Of Injuries In Data Breach Claims To Afford Plaintiffs Article Iii Standing, Andrew Braunstein
Standing Up For Their Data: Recognizing The True Nature Of Injuries In Data Breach Claims To Afford Plaintiffs Article Iii Standing, Andrew Braunstein
Journal of Law and Policy
Over the last several years, data breaches have become increasingly more common, due in no small part to the failures of organizations charged with storing and protecting personal data. Consumers whose data has fallen victim to these breaches are more often turning to federal courts in attempts to be made whole from the loss of their information, whether simple credit card information or, as breaches become more sophisticated, social security information, medical and financial records, and more. These consumers are often being turned away from the courthouse, however, due to a failure of many federal courts to find that the …
Network Accountability For The Domestic Intelligence Apparatus, Frank Pasquale, Danielle Keats Citron
Network Accountability For The Domestic Intelligence Apparatus, Frank Pasquale, Danielle Keats Citron
Faculty Scholarship
No abstract provided.