National Security Law Commons^™

The U.S. Election Hacks, Cybersecurity, And International Law, David P. Fidler

Articles by Maurer Faculty

No abstract provided.

Data Protection And Humanitarian Emergencies, Fred H. Cate, Christopher Kuner, Dan Jerker B. Svantesson, Orla Lynskey, Christopher Millard

Articles by Maurer Faculty

No abstract provided.

The Second African National Space Law: The Nigerian Nasrda Act And The Draft Regulations On Licensing And Supervision, Frans G. Von Der Dunk

Space, Cyber, and Telecommunications Law Program: Faculty Publications

The number of countries with more or less comprehensive national space legislation addressing in particular the authorization and supervision of private space activities continues to grow, and several more countries are currently in the process of adding themselves to that list. One of the more recent and most interesting ones among them is Nigeria, as the second African country after South Africa and—after Brazil—the second leading spacefaring nation from the developing world, to draft, further to a fairly recently established succinct framework law, a set of regulations addressing precisely those issues.

The paper briefly recaps the underlying international obligations, in …

Kiwis In Space: New Zealand’S “Outer Space And High-Altitude Activities Act”, Frans G. Von Der Dunk

Space, Cyber, and Telecommunications Law Program: Faculty Publications

The number of countries with more or less comprehensive national space legislation that addresses in particular the authorization and supervision of private space activities continues to grow, and several more countries are currently in the process of adding themselves to that list. One of the more recent ones among them is New Zealand, which has an extensive “Outer Space and High-Altitude Activities Act” that is to enter into force in December 2017.

The paper briefly recaps the general underlying international obligations, in particular as following from Articles VI, VII, and VIII of the Outer Space Treaty, the Liability Convention, and …

Lawfare 101: A Primer, Charles J. Dunlap Jr.

Faculty Scholarship

Dunlap discusses the concept of lawfare—using law as a form of asymmetrical warfare—and provides some considerations for how to combat this phenomenon. The article establishes the intellectual framework and thematic direction for this Issue of Military Review.

"Cybervandalism" Or "Digital Act Of War?" America's Muddled Approach To Cyber Incidents Will Not Deter More Crises, Charles J. Dunlap Jr.

Faculty Scholarship

If experts say a "malicious [cyber] code"' has "similar effects" to a "physical bomb,"' and that code actually causes "a stunning breach of global internet stability," is it really accurate to call that event merely an instance of a "cyber attack"?

Moreover, can you really expect to deter state and non-state actors from employing such code and similarly hostile cyber methodologies if all they think that they are risking is being labeled as a cyber-vandal subject only to law enforcement measures? Or might they act differently if it were made clear to them that such activity is considered an "armed …

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 …

Energy Subsidies: Worthy Goals, Competing Priorities, And Flawed Institutional Design, David M. Schizer

Faculty Scholarship

The United States uses on targeted subsidies for both "green" energy and hydrocarbons. These subsidies pursue worthwhile goals. But unfortunately, many have design flaws that make them less effective or even counterproductive. The goal of this Article is to show how to do better.

Specifically, this Article focuses on three sets of issues. First, there often is tension between our environmental and national security goals. Unfortunately, the economics literature on energy largely ignores these trade-offs by omitting national security from the analysis. This Article takes issue with this approach and suggests ways to manage these trade-offs. Second, this Article argues …

Improving Nuclear Safety, Security, And Nonproliferation In Northeast Asia Through Multinational Approach, Viet Phuong Nguyen

International Journal of Nuclear Security

No abstract provided.

Nuclear Power: Black Sky Liability Or Black Sky Asset?, Sherrell R. Greene

International Journal of Nuclear Security

Ready access to abundant electricity is a key enabler of modern life. During the past decade the vulnerability of Critical Infrastructure sectors in the U.S. to a variety of natural hazards and man-made threats has become increasingly apparent. The electrical infrastructure (the “Grid”) is the foundation for all other critical civil infrastructures upon which our society depends. Therefore, protection of the Grid is an energy security, homeland security, and national security issue of highest importance. Geomagnetic disturbances (GMD) induced by solar coronal mass ejections (CMEs), electromagnetic pulse (EMP) attacks, and cyber attacks are three events having the potential to plunge …

Addressing The Tunnel Threat At Nuclear Facilities: A Case Study, Md. Mobasher Ahmed

International Journal of Nuclear Security

No abstract provided.

Janus Realized: The Use Of Social Media As A Means Of Transparency Nuclear Communication To The Public, Frances Bachstein

International Journal of Nuclear Security

No abstract provided.

Letter From The Editor

International Journal of Nuclear Security

No abstract provided.

Implementation Of The 1995 Middle East Resolution: A Vital Lifeline To The Extension And Success Of The Non-Proliferation Treaty, Haidy Y. Ghoname, Howard Lewis Hall

International Journal of Nuclear Security

This study highlights the core non-proliferation dilemmas we face and suggests an effective mechanism for reviving the spirit and the hope of the Non-Proliferation Treaty. An indispensable key to the treaty calls for a rethinking of what we believe should be referred to as its four pillars: disarmament, non-proliferation, peaceful uses of nuclear energy, and implementation of the 1995 Middle East Resolution. We seek to contribute to the renaissance of the non-proliferation regime by addressing seven dilemmas that arise from the way various Non-Proliferation Treaty participants pursue the goals of the four pillars undergirding the treaty. This study highlights …

Table Of Contents

International Journal of Nuclear Security

No abstract provided.

Evaluation Of Covert Plutonium Production From Unconventional Uranium Sources, Ondrej Chvala, Steven Skutnik, Tyrone Christopher Harris, Emily Anne Frame

International Journal of Nuclear Security

The potential for a relatively non-advanced nation to covertly acquire a significant quantity of weapons-grade plutonium using a gas-cooled, natural uranium-fueled reactor based on relatively primitive early published designed is evaluated in this article. The economic and technical issues that would influence the design decisions of a covert ²³⁹Pu production program are considered.

Several unconventional uranium acquisition approaches were explored. Methods for extracting uranium from enrichment tails, seawater, and coal ash sources were considered. The evaluation indicated that uranium extraction from coal ash or insitu leaching from underground deposits could be performed in economical manner that might be difficult …

Student Competition Cover

International Journal of Nuclear Security

No abstract provided.

Prospects For Cooperation On Tackling Nuclear And Radiological Terrorism In South Asia: India–Pakistan Nuclear Detection Architecture, Muhammad Umer Khan

International Journal of Nuclear Security

No abstract provided.

Table Of Contents

International Journal of Nuclear Security

No abstract provided.

From The Editor’S Desk

International Journal of Nuclear Security

No abstract provided.