Small Data Surveillance V. Big Data Cybersurveillance,
2015
Washington and Lee University School of Law
Small Data Surveillance V. Big Data Cybersurveillance, Margaret Hu
Pepperdine Law Review
This Article highlights some of the critical distinctions between small data surveillance and big data cybersurveillance as methods of intelligence gathering. Specifically, in the intelligence context, it appears that “collect-it-all” tools in a big data world can now potentially facilitate the construction, by the intelligence community, of other individuals' digital avatars. The digital avatar can be understood as a virtual representation of our digital selves and may serve as a potential proxy for an actual person. This construction may be enabled through processes such as the data fusion of biometric and biographic data, or the digital data fusion of the …
Aumf Panel Transcript,
2015
Pepperdine University
Aumf Panel Transcript, Rosa Brooks, Benjamin Wittes
Pepperdine Law Review
No abstract provided.
The Future As A Concept In National Security Law,
2015
Pepperdine University
The Future As A Concept In National Security Law, Mary L. Dudziak
Pepperdine Law Review
With their focus on the future of national security law, the essays in this issue share a common premise: that the future matters to legal policy, and that law must take the future into account. But what is this future? And what conception of the future do national security lawyers have in mind? The future is, in an absolute sense, unknowable. Absent a time machine, we cannot directly experience it. Yet human action is premised on ideas about the future, political scientist Harold Lasswell wrote in his classic work The Garrison State. The ideas about the future that guide social …
International Humanitarian Law Divergence,
2015
Pepperdine University
International Humanitarian Law Divergence, Lesley Wexler
Pepperdine Law Review
How do states manage disagreements about the application and interpretation of International Humanitarian Law (IHL)? As countries find themselves embroiled in conflicts across the globe and in need of allies' political, economic, and military support, this question is important from a practical standpoint as well as a theoretical one. This essay provides one set of answers by looking at the United States’ approach to potential IHL disputes with its allies. It opens with an exploration of the issues most likely to create divergence: the existence, typology, and scope of armed conflicts; the interaction between IHL and International Human Rights Law, …
Standing And Covert Surveillance,
2015
Pepperdine University
Standing And Covert Surveillance, Christopher Slobogin
Pepperdine Law Review
This Article describes and analyzes standing doctrine as it applies to covert government surveillance, focusing on practices thought to be conducted by the National Security Agency. Primarily because of its desire to avoid judicial incursions into the political process, the Supreme Court has construed its standing doctrine in a way that makes challenges to covert surveillance very difficult. Properly understood, however, such challenges do not call for judicial trenching on the power of the legislative and executive branches. Instead, they ask the courts to ensure that the political branches function properly. This political process theory of standing can rejuvenate the …
The Admissibility Of Confessions Compelled By Foreign Coercion: A Compelling Question Of Values In An Era Of Increasing International Criminal Cooperation,
2015
Pepperdine University
The Admissibility Of Confessions Compelled By Foreign Coercion: A Compelling Question Of Values In An Era Of Increasing International Criminal Cooperation, Geoffrey S. Corn, Kevin Cieply
Pepperdine Law Review
This Article proceeds on a simple and clear premise: a confession extracted by torture or cruel, inhuman, or degrading treatment should never be admitted into evidence in a U.S. criminal trial. Whether accomplished through extending the Due Process or Self-Incrimination based exclusionary rules to foreign official coercion, or by legislative action, such exclusion is necessary to align evidentiary practice regarding confessions procured by foreign agents with our nation's fundamental values as reflected in the Fifth Amendment and our ratification of the CAT. This outcome is not incompatible with Connelly. Rather, this Article explores the limits of the Court's language in …
War, Law, And The Oft Overlooked Value Of Process As A Precautionary Measure,
2015
Pepperdine University
War, Law, And The Oft Overlooked Value Of Process As A Precautionary Measure, Geoffrey S. Corn
Pepperdine Law Review
Never in recent memory has the relationship between law and war been so central to strategic legitimacy. This has resulted in both positive evolutions of the law of armed conflict (LOAC) and a remarkable increase in interest, understanding, and analysis of this law. No state, or even non-state group, is immune from the increasingly informed critique of its planning and execution of military operations and the quite proper demand that its military personnel comply with LOAC obligations. Central to the regulation of hostilities are the core LOAC principles of distinction and discrimination. Distinction mandates restricting deliberate attack to only those …
Lost In Translation? The Relevancy Of Kobe Bryant And Aristotle To The Legality Of Modern Warfare,
2015
Pepperdine University
Lost In Translation? The Relevancy Of Kobe Bryant And Aristotle To The Legality Of Modern Warfare, Rachel E. Vanlandingham
Pepperdine Law Review
What do Kobe Bryant, Aristotle, and the continuing U.S. response to the terrorist attacks on September 11, 2001, have in common? President Barack Obama told the New Yorker in early 2014, in response to a question regarding the seeming resurgence of al Qaeda in Syria and Iraq, that “[t]he analogy we use around here sometimes, and I think is accurate, is if a jayvee team puts on Lakers uniforms that doesn’t make them Kobe Bryant.” As this example demonstrates, the Obama Administration and others, in reference to the legality of the use of armed force against al Qaeda and similar …
Authorized Investigation: A Temperate Alternative To Cyber Insecurity,
2015
Seattle University School of Law
Authorized Investigation: A Temperate Alternative To Cyber Insecurity, Casey M. Bruner
Seattle University Law Review
This Note aims to show that legal structures created to protect the Internet in its original form are completely insufficient to protect what the Internet has become. This antiquated legal framework is exacerbating the problem. The breadth of activity that the current law restricts severely limits the remedies that cyberattack victims can pursue, and it must be updated. While full hack-back may prove necessary in the long run, I argue for a more temperate initial response to the problem—I call this response “authorized investigation.” Specifically, the Computer Fraud and Abuse Act should be amended to allow victims access to their …
Trading Privacy For Angry Birds: A Call For Courts To Reevaluate Privacy Expectations In Modern Smartphones,
2015
Seattle University School of Law
Trading Privacy For Angry Birds: A Call For Courts To Reevaluate Privacy Expectations In Modern Smartphones, Jeremy Andrew Ciarabellini
Seattle University Law Review
Of all the smartphone uses, the calling function is probably used the least. Rather, individuals more commonly use their smartphone for surfing the web, checking Facebook, and playing games. Highlighting the “smart” in smartphone, these phones often know more about their users’ daily activities than the users. Without requiring any sort of input, smartphones can tell the user how many steps they walk each day, when it is time to leave for work (also, of course, determining the traveling time with the most up-to-date traffic reports), and when an item recently ordered on Amazon will be delivered. Smartphone users may …
Post-Deployment Treatment For Successful Reintegration,
2015
University of Miami Law School
Post-Deployment Treatment For Successful Reintegration, Michelle Zielenski
University of Miami National Security & Armed Conflict Law Review
No abstract provided.
Masthead,
2015
University of Miami Law School
Masthead
University of Miami National Security & Armed Conflict Law Review
No abstract provided.
Front Matter And Table Of Contents,
2015
University of Miami Law School
Front Matter And Table Of Contents
University of Miami National Security & Armed Conflict Law Review
No abstract provided.
A High Price To Pay: Combat Injury In Iraq And Afghanistan,
2015
University of Miami Law School
A High Price To Pay: Combat Injury In Iraq And Afghanistan, George D. Garcia
University of Miami National Security & Armed Conflict Law Review
No abstract provided.
Challenges In Assessing And Assisting Military Personnel With Mild Traumatic Brain Injuries,
2015
University of Miami Law School
Challenges In Assessing And Assisting Military Personnel With Mild Traumatic Brain Injuries, Robert A. Seegmiller
University of Miami National Security & Armed Conflict Law Review
No abstract provided.
Best Emerging Holistic Advocacy Practices To Break The Cyclical Trauma, Depression, Alienation And Criminalization Afflicting Our Returning War Heroes,
2015
University of Miami Law School
Best Emerging Holistic Advocacy Practices To Break The Cyclical Trauma, Depression, Alienation And Criminalization Afflicting Our Returning War Heroes, Paul Freese, Natalie Klasky
University of Miami National Security & Armed Conflict Law Review
No abstract provided.
Justice Delayed; Justice Denied? Causes And Proposed Solutions Concerning Delays In The Award Of Veterans' Benefits,
2015
University of Miami Law School
Justice Delayed; Justice Denied? Causes And Proposed Solutions Concerning Delays In The Award Of Veterans' Benefits, Michael P. Allen
University of Miami National Security & Armed Conflict Law Review
No abstract provided.
Fair And Impartial? Military Jurisdiction And The Decision To Seek The Death Penalty,
2015
University of Miami Law School
Fair And Impartial? Military Jurisdiction And The Decision To Seek The Death Penalty, Clark Smith
University of Miami National Security & Armed Conflict Law Review
No abstract provided.
Autocatalytic Regime Theory And Unsc Spawned Cooperative Counterterrorism,
2015
University of Miami Law School
Autocatalytic Regime Theory And Unsc Spawned Cooperative Counterterrorism, Nawi Ukabiala
University of Miami National Security & Armed Conflict Law Review
No abstract provided.
Autocatalytic Regime Theory And Unsc Spawned Cooperative Counterterrorism Part Ii: Addressing The Apprehension,
2015
University of Miami Law School
Autocatalytic Regime Theory And Unsc Spawned Cooperative Counterterrorism Part Ii: Addressing The Apprehension, Nawi Ukabiala
University of Miami National Security & Armed Conflict Law Review
No abstract provided.
