Open Access. Powered by Scholars. Published by Universities.®

National Security Law Commons™

Open Access. Powered by Scholars. Published by Universities.®

Discipline
Institution
Keyword
Publication Year
Publication
Publication Type
File Type

Articles 1201 - 1230 of 3398

Full-Text Articles in National Security Law

Legislative Requirements For Cyber Peacekeeping, Nikolay Akatyev, Joshua I. James Sep 2017

Legislative Requirements For Cyber Peacekeeping, Nikolay Akatyev, Joshua I. James

Journal of Digital Forensics, Security and Law

Cyber Peacekeeping strives for the prevention, mitigation and cessation of cyber and physical conflicts. The creation of a Cyber Peacekeeping organization, however, has major legal and political implications. In this work we review current international legislation applicable for functions of Cyber Peacekeeping. Specifically, we analyze prominent works which contribute to definitions, law and ethics regulating cyber conflicts from the perspective of the creation of a CPK organization. Legislative and terminological foundations are analyzed and adopted from current practice. Further, this work analyzes guiding principles of global organizations such as ITU IMPACT, INTERPOL and regional organizations such as NATO and the …


Trending @ Rwu Law: Dean Yelnosky's Post: Chelsea Manning, Professor David Coombs, And The "Wikileaks Trial" 08-28-2017, Edward Fitzpatrick, Roger Williams University School Of Law Aug 2017

Trending @ Rwu Law: Dean Yelnosky's Post: Chelsea Manning, Professor David Coombs, And The "Wikileaks Trial" 08-28-2017, Edward Fitzpatrick, Roger Williams University School Of Law

Law School Blogs

No abstract provided.


The Transformation Of Human Rights Litigation: The Alien Tort Statute, The Anti-Terrorism Act, And Jasta, Stephen J. Schnably Aug 2017

The Transformation Of Human Rights Litigation: The Alien Tort Statute, The Anti-Terrorism Act, And Jasta, Stephen J. Schnably

University of Miami International and Comparative Law Review

A quarter century ago, the prospects for federal civil litigation of international human rights violations under the Alien Tort Statute (ATS) seemed bright. With the statute’s modern revival, a decade earlier in Filártiga, foreign nationals, often with no recourse in their own countries, had a forum for judicial vindication of a broad range of wrongs by state officials, multinational corporations, and even, in limited circumstances, foreign states themselves. The Supreme Court’s Kiobel decision in 2013, however, may signal the end of the Filártiga revolution, with Congress’s seeming acquiescence: Congress, after all, could amend the ATS if it disagreed with …


Global Cybersecurity, Surveillance, And Privacy: The Obama Administration's Conflicted Legacy, Peter Margulies Aug 2017

Global Cybersecurity, Surveillance, And Privacy: The Obama Administration's Conflicted Legacy, Peter Margulies

Indiana Journal of Global Legal Studies

To analyze the Obama administration's cyber efforts, this Article proposes a paradigm of stewardship with both discursive and structural dimensions. Discursive stewardship refers to the Executive's openness to dialogue with other stakeholders. Structural stewardship refers to the domestic and transnational distribution of decisional authority, including checks and balances that guard against the excesses of unilateral action. The Article concludes that the Obama administration made substantial progress in each of these realms. However, the outsized role of law enforcement agendas and dearth of clearly articulated checks on transnational surveillance drove headwinds that limited forward movement.


Behavioral Public Choice, U.S. National Security Interests, And Transnational Security Decision Making, David G. Delaney Aug 2017

Behavioral Public Choice, U.S. National Security Interests, And Transnational Security Decision Making, David G. Delaney

Indiana Journal of Global Legal Studies

Transnational law both shapes and is shaped by policy decisions of public officials addressing global terrorist threats. These and other interrelated security and human rights concerns challenge executive officials in national governments and international organizations to simultaneously advance the rule of law and pursue other important welfare interests. This Article explores opportunities for transnational executives to improve their work and transnational legal frameworks. It proposes that behavioral insights into decision making and public policy making provide essential lessons for those efforts. The U.S. experience developing new policies to interrogate suspected terrorists following the Al Qaeda attacks of September 2001 provides …


50 Years On, S’Pore’S National Service Is Now A Shared Legacy, Tan K. B. Eugene Aug 2017

50 Years On, S’Pore’S National Service Is Now A Shared Legacy, Tan K. B. Eugene

Research Collection Yong Pung How School Of Law

SMU Associate Professor of Law Eugene Tan contributed an opinion piece which argued that National Service (NS) provides Singapore with a security umbrella under which economic and commercial ambitions and aspirations can be purposefully pursued. Beyond its primary role as a defence force, NS has immense potential to shape society by nurturing national and civic consciousness, critical for Singapore’s multiracial society. “Given the extensive commitment, efforts continue to be made to strengthen the tripartite relationship between the Ministry of Defence and SAF [Singapore Armed Forces], employers and NSmen [men engaged in National Service]. They include recognising supportive employers and businesses, …


Maritime Law Enforcement Operations And Intelligence In An Age Of Maritime Security, Douglas Guilfoyle Jul 2017

Maritime Law Enforcement Operations And Intelligence In An Age Of Maritime Security, Douglas Guilfoyle

International Law Studies

This article examines maritime law enforcement operations and intelligence activities in the context of maritime security. First describing the role of navies and coast guards in maritime security, this article then explores the relationship between law enforcement operations and actionable intelligence. In particular, it focuses on maritime domain awareness (MDA), and how MDA functions as a form of intelligence. Next, the article discusses maritime domain awareness under international law before looking to the tension between intelligence collection and visit, board, search and seizure (VBSS) operations, both on the high seas and in waters under national jurisdiction. The article closes by …


A Never Ending State Of Emergency: The Danger Of National Security In Emboldening The Color Line In America, Celeste Mccaw Jul 2017

A Never Ending State Of Emergency: The Danger Of National Security In Emboldening The Color Line In America, Celeste Mccaw

University of Miami Race & Social Justice Law Review

No abstract provided.


Finding The Balance Between Price And Protection: Establishing A Surface-To-Air Fire Risk-Reduction Training Policy For Air-Carrier Pilots, Earl W. Burress Jr. Jul 2017

Finding The Balance Between Price And Protection: Establishing A Surface-To-Air Fire Risk-Reduction Training Policy For Air-Carrier Pilots, Earl W. Burress Jr.

Journal of Aviation/Aerospace Education & Research

Currently, U.S. air carriers do not provide equipment or training necessary to mitigate the risk posed by surface-to-air fire (SAFIRE) threats. These threats consist of self-guided weapons (infrared shoulder-fired surface-to-air missiles), manually-aimed threats (small arms, recoilless grenade launchers, rockets, and light anti-aircraft artillery), and hand-held lasers. Technological solutions to counter infrared shoulder-fired missiles have been explored, but were rejected due to prohibitive equipment and maintenance costs. A lower cost option, providing air-carrier pilots with SAFIRE risk-reduction training, has not been formally addressed by the air-carrier industry or the U.S. federal government. This effort will use a business concept, the Cost-Benefit …


Cyber!, Andrea M. Matwyshyn Jul 2017

Cyber!, Andrea M. Matwyshyn

BYU Law Review

This Article challenges the basic assumptions of the emerging legal area of “cyber” or “cybersecurity.” It argues that the two dominant “cybersecurity” paradigms—information sharing and deterrence—fail to recognize that corporate information security and national “cybersecurity” concerns are inextricable. This problem of “reciprocal security vulnerability” means that in practice our current legal paradigms channel us in suboptimal directions. Drawing insights from the work of philosopher of science Michael Polanyi, this Article identifies three flaws that pervade the academic and policy analysis of security, exacerbating the problem of reciprocal security vulnerability—privacy conflation, incommensurability, and internet exceptionalism. It then offers a new paradigm—reciprocal …


Send Us The Bitcoin Or Patients Will Die: Addressing The Risks Of Ransomware Attacks On Hospitals, Deborah R. Farringer Jun 2017

Send Us The Bitcoin Or Patients Will Die: Addressing The Risks Of Ransomware Attacks On Hospitals, Deborah R. Farringer

Seattle University Law Review

Part I of this Article describes how the healthcare industry has arrived in this place of vulnerability, including (1) the history of the movement toward EHRs through HIPAA, (2) HIPAA’s meaningful use regulations and the background of current ransomware attacks, and (3) the distinctions between these attacks and other security breaches that have plagued large insurers and health systems within the last five years. Next, Part II will examine current industry culture when it comes to cybersecurity and review current legal and business approaches to address this growing threat. Then, Part III will argue that, while the current laws—including HIPAA …


The Future Of U.S. Detention Under International Law: Workshop Report, International Committee Of The Red Cross (Icrc), Harvard Law School Program On International Law And Armed Conflict (Hls Pilac), Stockton Center For The Study Of International Law (U.S. Naval War College) Jun 2017

The Future Of U.S. Detention Under International Law: Workshop Report, International Committee Of The Red Cross (Icrc), Harvard Law School Program On International Law And Armed Conflict (Hls Pilac), Stockton Center For The Study Of International Law (U.S. Naval War College)

International Law Studies

The International Committee of the Red Cross Regional Delegation for the United States and Canada, the Harvard Law School Program on International Law and Armed Conflict, and the Stockton Center for the Study of International Law at the U.S. Naval War College recently hosted a workshop titled Global Battlefields: The Future of U.S. Detention under International Law. The workshop was designed to facilitate discussion on international law issues pertaining to U.S. detention practices and policies in armed conflict. Workshop participants included members of government, legal experts, practitioners and scholars from a variety of countries. This report attempts to capture the …


Sony, Cyber Security, And Free Speech: Preserving The First Amendment In The Modern World, Conrad Wilton Jun 2017

Sony, Cyber Security, And Free Speech: Preserving The First Amendment In The Modern World, Conrad Wilton

Pace Intellectual Property, Sports & Entertainment Law Forum

Reprinted from 16 U.C. Davis Bus. L.J. 309 (2016). This paper explores the Sony hack in 2014 allegedly launched by the North Korean government in retaliation over Sony’s production of The Interview and considers the hack’s chilling impact on speech in technology. One of the most devastating cyber attacks in history, the hack exposed approximately thirty- eight million files of sensitive data, including over 170,000 employee emails, thousands of employee social security numbers and unreleased footage of upcoming movies. The hack caused Sony to censor the film and prompted members of the entertainment industry at large to tailor their communication …


Automating Threat Sharing: How Companies Can Best Ensure Liability Protection When Sharing Cyber Threat Information With Other Companies Or Organizations, Ari Schwartz, Sejal C. Shah, Matthew H. Mackenzie, Sheena Thomas, Tara Sugiyama Potashnik, Bri Law Jun 2017

Automating Threat Sharing: How Companies Can Best Ensure Liability Protection When Sharing Cyber Threat Information With Other Companies Or Organizations, Ari Schwartz, Sejal C. Shah, Matthew H. Mackenzie, Sheena Thomas, Tara Sugiyama Potashnik, Bri Law

University of Michigan Journal of Law Reform

This Article takes an in-depth look at the evolution of cybersecurity information sharing legislation, leading to the recent passage of the Cybersecurity Information Sharing Act (CISA) and offers insights into how automated information sharing mechanisms and associated requirements implemented pursuant to CISA can be leveraged to help ensure liability protections when engaging in cyber threat information sharing with and amongst other non-federal government entities.


Achieving Organizational Flexibility Through Ambidexterity, Patricia M. Shields, Donald S. Travis Jun 2017

Achieving Organizational Flexibility Through Ambidexterity, Patricia M. Shields, Donald S. Travis

The US Army War College Quarterly: Parameters

No abstract provided.


Us Air Force Airlift And The Army's Relevance, Robert C. Owen Jun 2017

Us Air Force Airlift And The Army's Relevance, Robert C. Owen

The US Army War College Quarterly: Parameters

No abstract provided.


Destined For War: Can America And China Escape Thucydides's Trap?, James C. Macdougall Jun 2017

Destined For War: Can America And China Escape Thucydides's Trap?, James C. Macdougall

The US Army War College Quarterly: Parameters

No abstract provided.


Mobilizing For Major War, Olen Chad Bridges, Andrée Navarro Jun 2017

Mobilizing For Major War, Olen Chad Bridges, Andrée Navarro

The US Army War College Quarterly: Parameters

No abstract provided.


Beyond Surprise Attack, Lawrence Freedman Jun 2017

Beyond Surprise Attack, Lawrence Freedman

The US Army War College Quarterly: Parameters

No abstract provided.


Mobilization: The State Of The Field, Ken S. Gilliam, Barrett K. Parker Jun 2017

Mobilization: The State Of The Field, Ken S. Gilliam, Barrett K. Parker

The US Army War College Quarterly: Parameters

No abstract provided.


From The Editor, Antulio J. Echevarria Ii Jun 2017

From The Editor, Antulio J. Echevarria Ii

The US Army War College Quarterly: Parameters

No abstract provided.


What Are America's Alliances Good For?, Hal Brands, Peter D. Feaver Jun 2017

What Are America's Alliances Good For?, Hal Brands, Peter D. Feaver

The US Army War College Quarterly: Parameters

No abstract provided.


Employing Military Force In The 21st Century, Michel R. Matheny Jun 2017

Employing Military Force In The 21st Century, Michel R. Matheny

The US Army War College Quarterly: Parameters

No abstract provided.


Waging Financial Warfare: Why And How, David J. Katz Jun 2017

Waging Financial Warfare: Why And How, David J. Katz

The US Army War College Quarterly: Parameters

No abstract provided.


Russia's Improved Information Operations: From Georgia To Crimea, Emilio J. Iasiello Jun 2017

Russia's Improved Information Operations: From Georgia To Crimea, Emilio J. Iasiello

The US Army War College Quarterly: Parameters

No abstract provided.


The Strategic Logic Of Sieges In Counterinsurgencies, Lionel M. Beehner, Benedetta Berti, Michael T. Jackson Jun 2017

The Strategic Logic Of Sieges In Counterinsurgencies, Lionel M. Beehner, Benedetta Berti, Michael T. Jackson

The US Army War College Quarterly: Parameters

No abstract provided.


Book Reviews, Usawc Press Jun 2017

Book Reviews, Usawc Press

The US Army War College Quarterly: Parameters

No abstract provided.


Fragmented Wars: Multi-Territorial Military Operations Against Armed Groups, Noam Lubell May 2017

Fragmented Wars: Multi-Territorial Military Operations Against Armed Groups, Noam Lubell

International Law Studies

Recent years have seen the emergence of significant legal debate surrounding the use of force against armed groups located in other States. With time, it has become clear that in many cases such operations are not confined to the territory of one other State, but expand to encompass multiple territories and often more than one armed group. This article examines multi-territorial conflicts with armed groups through the lens of several legal frameworks. Among other topics, it analyses the questions surrounding the extension of self-defense into multiple territories, the classification of the hostilities with the group and between involved States, the …


Newsroom: As Manning Released, Trial Attorney Coombs Looks Back On Case, Looks Forward To Teaching Again At Rwu Law 05-17-2017, Edward Fitzpatrick May 2017

Newsroom: As Manning Released, Trial Attorney Coombs Looks Back On Case, Looks Forward To Teaching Again At Rwu Law 05-17-2017, Edward Fitzpatrick

Life of the Law School (1993- )

No abstract provided.


With Chelsea Manning's Release, Lead Trial Attorney Coombs Recalls Case: Rwu Law Professor David E. Coombs Revisits Issues In The Case, Looks Forward To Teaching Again Next Year 05-17-2017, Edward Fitzpatrick May 2017

With Chelsea Manning's Release, Lead Trial Attorney Coombs Recalls Case: Rwu Law Professor David E. Coombs Revisits Issues In The Case, Looks Forward To Teaching Again Next Year 05-17-2017, Edward Fitzpatrick

Life of the Law School (1993- )

No abstract provided.