National Security Law Commons^™

Defining Deference: Impacts Of Abandoning Chevron On Emerging Technology Governance And Administrative Law, R. Aubrey Davis Iii

Seattle University Law Review

Emerging technologies, particularly Artificial Intelligence (AI), often lead to unforeseen legal outcomes. Notable abuses in areas such as facial recognition, employment bias, and housing discrimination are well known. However, legislative responses to these issues either have been largely reactive or there has been no legislative response at all. In lieu of legislation, agencies have sought to fill the gap. For example, the Federal Communications Commission (FCC) recently proposed a rule mandating voter notification for all AI-generated political phone calls citing the Telephone Consumer Protection Act (TCPA) of 1991 as authority. However, the TCPA was originally passed to curtail telemarketing, not …

Intellectual Property Or Modern Folklore? The Problem With Open Gaming Licenses In Tabletop Gaming, Rosie Midget

Seattle University Law Review

This Note addresses how courts and legislatures should address “Open Gaming Licenses” commonly attached to tabletop roleplaying games (TTRPGs), which game publishers use to promote a false image of accessibility—misleading consumers and building goodwill from the misunderstanding. Part I discusses what TTRPGs are, including the defining features of the hobby and culture surrounding it, as well as the unique interplay between publishers and players. Part II explores the question of which elements in a TTRPG system may be subject to copyright protection. Part III examines these elements in practice using Wizards of the Coast’s Dungeons and Dragons TTRPG as a …

Second Report On Immunity Of State Officials From Foreign Criminal Jurisdiction By Claudio Grossman Guiloff, Special Rapporteur, Claudio Grossman

Research Reports & White Papers

In keeping with the approach adopted by the Special Rapporteur in his first report, the purpose of the present report is to make proposals for the modification of the draft articles and commentaries, where necessary, on the basis of the comments made by States. It is also intended to complement the draft articles and commentaries with references to new developments in international law that have taken place since the draft articles were adopted on first reading. The scope of the present report will be limited to the text of draft articles 7 to 18 and the draft annex, as well …

Newport Manual On The Law Of Naval Warfare, Second Edition, Newport Manual Expert Group

International Law Studies

The Newport Manual on the Law of Naval Warfare, Second Edition, is a continuing effort to restate the law of naval warfare as a purely lex lata exercise. Like the first edition of 2023, it is designed to provide a practical guide for commanders and seafarers, lawyers and officials, and educators and students. In doing so, the Manual includes developments in warfighting technologies in recent decades, which have significantly influenced the nature of war at sea. This second edition has been edited by four of the original authors following an extensive review and revision process.

Canadian Security Intelligence Service (Csis), Bert Chapman

Libraries Faculty and Staff Presentations

April 24, 2025 presentation for Canada's GovInfo Day Spring 2025 hosted by Simon Fraser University in British Columbia and Internet Archive Canada. Provides information about the publicly available information resources produced by the Canadian Security Intelligence Service (CSIS) which is the Canadian Government's foremost national intelligence agency. Provides information about this agency's statutory organization, types of publicly available reports they produce, information about other Canadian government intelligence agencies, and parliamentary oversight of Canadian government intelligence operations. Lists additional resources for finding information about CSIS and explains the benefits of having access to these resources for users.

Amending Regulation D’S Accredited-Investor Definition To Allow Natural Persons To Opt Out Of Unwanted Regulatory Protections, John Orcutt

Law Faculty Scholarship

Everyone can invest in the heavily regulated registered (or public) securities market, but the more lightly regulated unregistered securities markets are more restricted. The most important unregistered securities market for capital-raising purposes is Rule 506 of Regulation D, which has grown to become the United States’ largest capital-raising market. Far more capital is raised each year in Rule 506 offerings than registered offerings, and the Rule 506 market is where many of the country’s highest-growth (and highest-return) entrepreneurial companies sell their securities. But most Americans are excluded from investing in the Rule 506 market because it is fundamentally restricted to …

Playing To Win: The Use Of Export Controls To Address Non-Military Strategic Competition, Joshua Angelo

Duke Law & Technology Review

Technology and national security have been intimately related throughout American history. Over the past eighty-five years, the United States has increasingly made use of export controls to prevent adversarial countries from using the fruits of its technological advancement to strengthen their militaries and harm American interests. Today, strategic competition with the People’s Republic of China involves a myriad of technologies which present risks outside of, as well as within, the military context. Chinese exports of technologies, including artificial intelligence, quantum computing, and 5G communications, can promote the country’s authoritarian model abroad, enable economic coercion, and help to enrich the regime. …

Data Privacy At The Border: How To Balance National Security Concerns And Privacy Interests When Conducting Forensic Border Searches Of Electronic Devices, Eleni Filley

Washington and Lee Journal of Civil Rights and Social Justice

Do you know where your phone is? Can you describe the last five pictures in your camera roll? How many websites have you visited this month? Cell phones are an extension of our person and contain some of our most private data: location, banking, loved ones, sleep statistics, reproductive information, and more. As our technology develops, so too should our laws. This Note explores the lack of privacy protections at the U.S. border and how susceptible our data is to a government search. A Supreme Court ruling recognizing the unique piece of property a cell phone represents, even at a …

The National Security Of Inbound & Outbound Investment: Reforming Cfius And Foci, S. Connor Cheadle

William & Mary Business Law Review

This Note examines the evolution and contemporary significance of regulatory frameworks guiding the involvement of private corporations in the U.S. national security regime and the regime’s regulation of inbound and outbound investments as they pertain to national security interests. This Note focuses primarily on the Committee on Foreign Investment in the United States (CFIUS) and Foreign Ownership Control or Influence (FOCI) as regulatory mechanisms. Originating from the Cold War and adapted to post-9/11 security concerns, the scope of national security has widened from the traditional defense and intelligence functions to a more all-encompassing interest, including economic policy and the actions …

Comparative And Evaluative Research On The Data Infrastructure Policies Of Central And Local Governments In China Before And After The Implementation Of The "Twenty Measures For Data", Haiqun Ma, Tongtong Yu, Hangong Wang, Tao Zhang

Journal of Scientific Information Research

[Purpose/significance]To explore the direction for provincial governments to further plan data policies, with the aim of providing support for the establishment and improvement of data infrastructure systems in various regions. [Method/process] This article adopts the method of text similarity calculation to compare the policy texts of 22 provinces' data policies released before 2023 with the "Twenty Data Articles", and selects the "Twenty Provincial Version Data Articles" of 8 provinces for policy evaluation research. [Result/conclusion]The data shows that in terms of comparing data infrastructure systems, the data policies introduced by 22 provincial governments before 2023 show a relatively high overall similarity …

Property And Prejudice, Fatma E. Marouf, Vanessa Casado Pérez

Faculty Scholarship

“Alien land laws”—laws restricting noncitizens from owning real property—are back. A dozen states have enacted such laws during the past year, and over thirty states have considered such bills. These new bills are rooted in xenophobia, much like their predecessors, but they also have unique characteristics. They single out governments, citizens, and corporations of specific countries perceived to pose a threat; they impose ownership restrictions based on arbitrary distances to U.S. military bases and critical infrastructure; they inflict particularly harsh penalties; and they try to ferret out foreign control in complex corporate structures. The purported justifications are national defense, food …

Some Issues In Armed Conflict And Human Rights: Issues Toward Human Rights And Applicable Law In The Battlefield, Hiroshi Saito

Japanese Society and Culture

In recent years, Japan’s legal system regarding defense has improved, but little research has been conducted on what would happen if Japanese territory became a battlefield. Due to the Japan–US Security Treaty and the Japan–US Status of Forces Agreement, Japanese territory could technically become a space for armed conflict in the wake of US military action. If this happened, various legal issues would arise, but under the Japanese Constitution and domestic laws, which are primarily concerned with the protection of human rights, there would be a dual application of international humanitarian law and domestic laws including the Constitution. An important …

By All Means Available: Memoirs Of A Life In Intelligence, Special Operations, And Strategy, Todd Greentree

The US Army War College Quarterly: Parameters

Todd Greentree examines By All Means Available: Memoirs of a Life in Intelligence, Special Operations, and Strategy by Michael G. Vickers, who Greentree views as an exemplar of strategic leadership for current and future leaders.

Parameters Spring 2025, Usawc Press

The US Army War College Quarterly: Parameters

Welcome to the Spring 2025 issue of Parameters. This issue consists of an In Focus special commentary, three forums (Russia, Ukraine, and NATO; Strategic Competition and Managing National Security; and Joint Sustainment Strategies), the regular Civil-Military Relations Corner installment, and a review essay.

Ukraine’S Not-So-Whole-Of-Society At War: Force Generation In Modern Developed Societies, Ilmari Käihkö, Jan Willem Honig

The US Army War College Quarterly: Parameters

This article argues that Ukraine offers a cautionary tale regarding the two main modern models of force generation. Neither the professional high-tech war model, favored by Western militaries, nor the whole-of-society war approach, said to have saved Ukraine in 2014 and 2022, proved successful formulas for Ukraine. Considering that Ukraine is fighting for survival, with Russian forces inside the country, the failure of both models in action has serious implications for NATO member states as they deliberate their choices regarding future force generation.

Measuring Interoperability Within Nato: Adapted Off-The-Shelf Or Bespoke Solution?, John R. Deni, Matthew R. Macleod, Sarah E. Stewart, Katherine M. Banko, Adrian Jones

The US Army War College Quarterly: Parameters

Despite decades of work on interoperability, NATO Allies cannot measure, assess, and build upon it fully and accurately. The lack of agreed formats or standards for collection, management, and the communication of findings have prevented the Allies from developing common interoperability measurement and assessment tools. Nonetheless, NATO could adopt extant standards, methodologies, processes, or tools to achieve its interoperability objectives. Testing this notion through use cases, the authors identify practical and conceptual hurdles to adopting an off-the-shelf solution. They conclude that the Alliance may need to create assessment standards, methodologies, processes, and tools from scratch, despite the difficulties of doing …

Table Of Contents, Seattle University Law Review

Seattle University Law Review

Table of Contents

Re-Imagining Tomorrow: A Technology, Innovation Law, And Ethics Symposium On Addictive Technology And Children, Margaret Chon

Seattle University Law Review

In this Foreword, Professor Margaret Chon introduces Seattle University's Technology, Innovation Law, and Ethics (TILE) program, the 2024 TILE Symposium, and Dr. Gaia Bernstein’s Unwired: Gaining Control Over Addictive Technologies.

Keynote Address: The Movement To Protect Kids From Addictive Technologies, Gaia Bernstein

Seattle University Law Review

In this keynote address, I describe my personal journey starting with a school outreach program I created in 2017 to address technology overuse among kids. While I initially advocated for self-help methods, I grew to recognize that the tech industry bore responsibility. This realization led me to write Unwired: Gaining Control over Addictive Technologies, which focused on collective action to pressure the tech industry to redesign its addictive products.

I then describe the movement to control addictive technologies and protect kids, which has gained momentum since the end of the pandemic. This movement combines grassroots parent activism with legal-political action. …

Moral Panic Or Public Health Crisis? Lessons From Drugs And Gambling For “Addictive” Design, Matthew B. Lawrence, Haomin (Kevin) Yan

Seattle University Law Review

Alcohol, automobiles, guns, lottery, loot boxes, meat, music, opioid painkillers, processed foods, prop bets, slot machines, television, tobacco, violent video games. Over the last century each of these has been subject to concerns—some might even say “moral panics”—from parents and policymakers about avoidable harms to kids and adults. In some cases we look back with the benefit of hindsight and dismiss those concerns as naïve or moralistic. In others we look back at them as justified or as having come too late to check an expanding industry before it did unfathomable harm while growing so powerful that it became all …