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Articles 31 - 46 of 46
Full-Text Articles in National Security Law
Loopholes For Circumventing The Constitution: Unrestrained Bulk Surveillance On Americans By Collecting Network Traffic Abroad, Axel Arnbak, Sharon Goldberg
Loopholes For Circumventing The Constitution: Unrestrained Bulk Surveillance On Americans By Collecting Network Traffic Abroad, Axel Arnbak, Sharon Goldberg
Michigan Telecommunications & Technology Law Review
This Article reveals interdependent legal and technical loopholes that the US intelligence community could use to circumvent constitutional and statutory safeguards for Americans. These loopholes involve the collection of Internet traffic on foreign territory, and leave Americans as unprotected as foreigners by current United States (US) surveillance laws. This Article will also describe how modern Internet protocols can be manipulated to deliberately divert American’s traffic abroad, where traffic can then be collected under a more permissive legal regime (Executive Order 12333) that is overseen solely by the executive branch of the US government. Although the media has reported on some …
Autonomous Weapons And Accountability: Seeking Solutions In The Law Of War, Kelly Cass
Autonomous Weapons And Accountability: Seeking Solutions In The Law Of War, Kelly Cass
Loyola of Los Angeles Law Review
Autonomous weapons are increasingly used by militaries around the world. Unlike conventional unmanned weapons such as drones, autonomous weapons involve a machine deciding whether to deploy lethal force. Yet, because a machine cannot have the requisite mental state to commit a war crime, the legal scrutiny falls onto the decision to deploy an autonomous weapon. This Article focuses on the dual questions arising from that decision: how to regulate autonomous weapon use and who should be held criminally liable for an autonomous weapon’s actions. Regarding the first issue, this Article concludes that regulations expressly limiting autonomous weapon use to non-human …
Silencing The Call To Arms: A Shift Away From Cyber Attacks As Warfare, Ryan Patterson
Silencing The Call To Arms: A Shift Away From Cyber Attacks As Warfare, Ryan Patterson
Loyola of Los Angeles Law Review
Cyberspace has developed into an indispensable aspect of modern society, but not without risk. Cyber attacks have increased in frequency, with many states declaring cyber operations a priority in what has been called the newest domain of warfare. But what rules govern? The Tallinn Manual on the International Law Applicable to Cyber Warfare suggests existent laws of war are sufficient to govern cyber activities; however, the Tallinn Manual ignores fundamental problems and unique differences between cyber attacks and kinetic attacks. This Article argues that several crucial impediments frustrate placing cyber attacks within the current umbra of warfare, chiefly the problems …
Trade Regulation - Export Controls - Cocom Agrees On New Multilateral Export Guidelines Allowing Eastern Bloc To Purchase Low Level Technology Legally, Jackie L. Masden
Trade Regulation - Export Controls - Cocom Agrees On New Multilateral Export Guidelines Allowing Eastern Bloc To Purchase Low Level Technology Legally, Jackie L. Masden
Georgia Journal of International & Comparative Law
No abstract provided.
Non-State Armed Groups And Technology: The Humanitarian Tragedy At Our Doorstep?, Colonel Dave Wallace, Major Shane Reeves
Non-State Armed Groups And Technology: The Humanitarian Tragedy At Our Doorstep?, Colonel Dave Wallace, Major Shane Reeves
University of Miami National Security & Armed Conflict Law Review
Technological advances are altering the contemporary asymmetric conflicts between non-‐state armed groups and state actors. This article discusses the humanitarian consequences of these changing conflicts by first illustrating the dangers posed by non-‐state armed groups gaining access to advanced technologies. A subsequent examination of the increasing ability of non-‐state armed groups to use new technologies, such as cyber operations, to mitigate state actor advantages and the resultant risks to civilian populations follows. The article concludes that the humanitarian challenges presented by this growing intimacy between non-‐state armed groups and technology, whether through a potentially devastating attack or by the dramatic …
Examining Warfare In Wi-Fi: A Review, Usawc Parameters
Examining Warfare In Wi-Fi: A Review, Usawc Parameters
The US Army War College Quarterly: Parameters
No abstract provided.
On “The Lure Of Strike”, Charles J. Dunlap Jr.
On “The Lure Of Strike”, Charles J. Dunlap Jr.
Faculty Scholarship
This commentary is in response to the special commentary, “The Lure of Strike” by Conrad Crane published in the Summer 2013 issue of Parameters (vol. 43, no. 2).
No Cause Of Action: Video Surveillance In New York City, Olivia J. Greer
No Cause Of Action: Video Surveillance In New York City, Olivia J. Greer
Michigan Telecommunications & Technology Law Review
In 2010, New York City Police Commissioner Raymond Kelly announced a new network of video surveillance in the City. The new network would be able to prevent future terrorist attacks by identifying suspicious behavior before catastrophic events could take place. Kelly told reporters, "If we're looking for a person in a red jacket, we can call up all the red jackets filmed in the last 30 days," and "[w]e're beginning to use software that can identify suspicious objects or behaviors." Gothamist later made a witticism of Kelly's statement, remarking, "Note to terrorists: red jackets are not a good look for …
Technological Leap, Statutory Gap, And Constitutional Abyss: Remote Biometric Identification Comes Of Age, Laura K. Donohue
Technological Leap, Statutory Gap, And Constitutional Abyss: Remote Biometric Identification Comes Of Age, Laura K. Donohue
Georgetown Law Faculty Publications and Other Works
Federal interest in using facial recognition technology (“FRT”) to collect, analyze, and use biometric information is rapidly growing. Despite the swift movement of agencies and contractors into this realm, however, Congress has been virtually silent on the current and potential uses of FRT. No laws directly address facial recognition—much less the pairing of facial recognition with video surveillance—in criminal law. Limits placed on the collection of personally identifiable information, moreover, do not apply. The absence of a statutory framework is a cause for concern. FRT represents the first of a series of next generation biometrics, such as hand geometry, iris, …
Book Review, Susan Nevelow Mart
Biometrics: Weighing Convenience And National Security Against Your Privacy, Lauren D. Adkins
Biometrics: Weighing Convenience And National Security Against Your Privacy, Lauren D. Adkins
Michigan Telecommunications & Technology Law Review
The biometric identifier relies on an individual's unique biological information such as a hand, iris, fingerprint, facial or voice print. When used for verification purposes, a "one-to-one" match is generated in under one second. Biometric technology can substantially improve national security by identifying and verifying individuals in a number of different contexts, providing security in ways that exceed current identification technology and limiting access to areas where security breaches are especially high, such as airport tarmacs and critical infrastructure facilities. At the same time, a legitimate public concern exists concerning the misuse of biometric technology to invade or violate personal …
Securing The Freedom Of The Communications Revolution, Michael K. Powell
Securing The Freedom Of The Communications Revolution, Michael K. Powell
Federal Communications Law Journal
No abstract provided.
Energy, Environment & Sustainable Development, Lakshman D. Guruswamy
Energy, Environment & Sustainable Development, Lakshman D. Guruswamy
Publications
No abstract provided.
Marking Carnivore's Territory: Rethinking Pen Registers On The Internet, Anthony E. Orr
Marking Carnivore's Territory: Rethinking Pen Registers On The Internet, Anthony E. Orr
Michigan Telecommunications & Technology Law Review
"Carnivore" entered the online world's collective consciousness in June 2000 when the Federal Bureau of Investigation unveiled the Internet surveillance software program to telecommunications industry specialists. The FBI claims the program allows agents to scan the traffic of an Internet Service Provider (ISP) for messages or commands to or from a criminal suspect and then intercept only those messages, capturing copies of e-mails, web site downloads and other file transfers[...] A central issue in the controversy surrounding Carnivore is whether current law permits the FBI to employ the program in the Internet context. Bureau officials claim statutory authority for deployments …
Preliminary Observations: Asymmetrical Warfare And The Western Mindset, Charles J. Dunlap Jr.
Preliminary Observations: Asymmetrical Warfare And The Western Mindset, Charles J. Dunlap Jr.
Faculty Scholarship
No abstract provided.
Review Essay: The Future Of National Security Export Controls, Donald H. Caldwell, Jr.
Review Essay: The Future Of National Security Export Controls, Donald H. Caldwell, Jr.
Vanderbilt Journal of Transnational Law
In calling for more narrowly focused controls, this study echoes the Bucy Report of 1976, one that called for restrictions on revolutionary rather than evolutionary technology.56 Yet more than a decade after that report was issued, United States export control lists are still weighted toward restricting all exports containing useful technology whether or not the export of an item would advance the capabilities of American adversaries to any degree.17 Unless industry leaders seize the opportunity to reduce the scope of national security export controls as Congress prepares to reauthorize the Export Administration Act, this report, like the Bucy Report before …