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Reflection on the Death of Senator John McCain

By   4 months ago

There are some deaths, in the history of a nation, a people, or a land, where their force and their impact seem to echo like a roar of thunder off a mountainside.  Such was the case, for the death last week of Senator John Sidney McCain III.  As a naval aviator, prisoner of war, congressman, […]

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In the Absence of Legal Authority: U.S. Airstrikes in Syria

By   8 months ago

By: Katherine Youssouf On Friday night, April 13th, at the order of the President, the United States launched a series of precision airstrikes against three Syrian military targets. These targets were believed to house, or contribute to the research and development of chemical weapons under the regime of Bashar al-Assad. The airstrikes were the result […]

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Fighting Poaching Fights Terrorism

By   8 months ago

By Frank E. Waliczek Africa is home to a growing number of terrorist organizations seeking expansion funds, as well as to a dwindling number of the world’s most endangered animals. Asia, namely Vietnam and China, offers a substantial black market of eager buyers willing to pay top-dollar for the body parts of these animals. The […]

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The Application of Economic Pressure to North Korea at Sea: Blockade or Quarantine?

By   9 months ago

Disclaimer: The views expressed herein are those of the author and are not to be construed as official or reflecting the views of the Commandant or of the U.S. Coast Guard. By: Daniel Wiltshire North Korea has made rapid progress in developing an intercontinental ballistic missile (ICBM) with the stated goal of being able to […]

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Not Without a Letter of Marque: The Constitutional Requirement Regarding the Use of Armed Private Military Contractors at Sea

By   9 months ago

Disclaimer: The views expressed in this article are those of the author and do not necessarily reflect the views of the USCG, DHS, or the U.S. Federal Government or any Authorized Representative thereof. By: Daniel Wiltshire Introduction: In the last 16 years, the U.S. Military has relied heavily on private military contractors (PMCs) to supplement […]

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Announcing the Spring 2018 Symposium

By   9 months ago

The National Security Law Brief is proud to announce the panelists and keynote speaker for the Spring 2018 Symposium on the law of the sea. If you would like to register for CLE credit you can do so here. 

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    News & Events View All →

    Harlem Suarez and the Standard for Entrapment

    By   9 months ago

    By: Andrew Glenn On July 25, 2015, a team of FBI agents broke cover with guns drawn and surrounded a white Toyota Camry in a Benihana parking lot. They immediately arrested a twenty-five-year-old man named Harlem Suarez. They then took his backpack containing a couple pound homemade nail bomb, which Suarez had just bought. Little […]

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    INCSEA and the Persistence of Dangerous Intercepts

    By   9 months ago

    By: Dale Ton In January, a Russian Air Force fighter jet intercepted a U.S. Navy surveillance plane over the Black Sea. During the two-hour-and-forty-minute encounter, the Russian jet maneuvered to within five feet of the American plane and passed closely in front of it, placing the American plane in a dangerous position flying through jet-wash. […]

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    The President’s Authority to Disclose Information, and the National Security Threat of the Nunes Memo

    By   10 months ago

    By: Maximilian Raileanu Introduction A couple of times over the past year, the Trump Administration has come under heavy fire for the declassification of sensitive information: first concerning President Trump’s meeting with the Russian Foreign Minister, and now the Nunes memo. During the meeting with the foreign minister, the President disclosed intelligence detailing critical insights […]

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    Annual Review of National Security Law

    By   1 year ago

    The 27th Annual Review of the field of National Security Law is taking place today November 16th, and tomorrow Friday, November 17th. Please join the American University Washington College of Law and the National Security Law Brief at the Capital Hilton as we discuss the issues facing national security law. Topics of the review range […]

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    Updates Pending: The Supreme Court Grants Certiorari in the Microsoft Ireland Case

    By   1 year ago

    By: Jen Goss, November 13, 2017  In October, the Supreme Court granted certiorari in the case of United States v. Microsoft Corp. A Supreme Court decision in this case will provide the government and service providers with an answer to “whether a United States provider of email services must comply with a probable-cause-based warrant issued […]

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    Kaspersky, the NSA, and Data Breaches: Bad Security Practices

    By   1 year ago

    By Ryan Johnston – November 5, 2017 The NSA is one of the foremost agencies responsible for collecting data in the United States, but it has a big problem holding onto its own. It has recently come to light that in 2015 Russian agents stole highly classified NSA materials from a contractor’s personal computer. In […]

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    Pressure on Jordan: Refusal to extradite mastermind of deadly 2001 Sbarro suicide bombing in Jerusalem contravenes international law and agreements

    By   1 year ago

    By Michelle Munneke, J.D. 2017, American University Washington College of Law. In March of this year, Jordan expressed its refusal to extradite the self-proclaimed mastermind of the 2001 Sbarro restaurant bombing in Jerusalem, Ahlam Ahmad Al-Tamimi, to the United States to face charges.[1] The attack killed 15 people, including two Americans, and injured another 122, […]

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      National Security Law View All →

      Amlo’s Security Surprises

      By   2 weeks ago

      By Joshua Stanley  Nearly five months have passed since Andrés Manuel López Obrador (“Amlo”) won Mexico’s presidential election in a landslide. Some have expressed fears that Amlo’s ascension will only lead to Mexico’s downfall, with President Enrique Peña Nieto going so far as to warn that Amlo will pose a national security risk, which has […]

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      The U.S. v. the ICJ: The Increasing Humanitarian Costs of Sanctioning Iran

      By   2 weeks ago

      By Charlie Lyons On October 3, 2018 the International Court of Justice (ICJ) ordered the United States to remove any impediments to Iran’s ability to obtain goods for humanitarian purposes, including food, medicine, and aviation safety equipment. Iran argued that the U.S.-imposed sanctions upon it violated the 1955 Treaty of Amity, Economic Relations, and Consular […]

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      Was Jamal Khashoggi Warned – and If Not, What Now?

      By   2 weeks ago

      By Maria Stratienko At 1:30 PM on October 2, 2018, prominent journalist and activist Jamal Khashoggi walked into the Saudi Arabian consulate in Istanbul, Turkey to obtain a document that would allow him to wed his fiancée, Hatice Cengiz, the next day. After four hours of waiting outside the consulate, Cengiz contacted the Turkish police. […]

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      Walking the Line: The Use of Military Personnel to Secure the U.S.-Mexico Border

      By   2 weeks ago

      By: Daniel de Zayas As 2018 marches to a close, a migrant caravan marches closer to the U.S.-Mexico border, seeking asylum for approximately 5,000 Central Americans. President Trump has condemned the caravan, even referring to it as an “invasion,” and has deployed approximately 6,000 military troops and 2,000 National Guard soldiers to help the U.S. […]

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      Far Right Extremism on the Rise: How US Law and Policy Falls Short in Preventing and Prosecuting Domestic Terrorism

      By   3 weeks ago

      By Helina Daniel With increased acts of domestic terrorism in the US, far right extremism is a growing threat in the US. The rise of domestic terrorism highlights how the US falls short in the prevention and prosecution of domestic acts of terror, especially as relates to those perpetrated by far right or white nationalist […]

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      Law Enforcement’s Use or Abuse of Biometric Passcodes?

      By   3 weeks ago

      By: Andrew Fiedler The iPhone Model 5S introduced Touch ID, which gave users the ability to use fingerprints to quickly access their smartphone device without having to input a numerical passcode. The feature was widely adopted among users and further evolved with the introduction of the Face ID unlock feature included in iPhone X and […]

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      Sanctions Placed on Saudi Arabian Individuals Because of the Killing of Khashoggi

      By   4 weeks ago

      By: Jaime Rosenberg On October 2, 2018, a well-known journalist and critic of the Saudi government, Jamal Khashoggi, was murdered in the Saudi Consulate in Istanbul. Turkish officials told The New York Times that they have audio evidence which proves Khashoggi was tortured, killed, and subsequently dismembered by a hit team of Saudi agents. The […]

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        Counterterrorism View All →

        Defining Terrorism: The Necessity of a Universal Definition to Protect Fundamental Freedoms

        By   4 days ago

        By: Alexa August Introduction The international community has attempted to formulate a comprehensive definition of “terrorism” since the days of the League of Nations, to no avail. Defining terrorism is inherently political, as one man’s freedom fighter is another man’s terrorist. International instruments predominantly do not contain a definition of terrorism due to its political […]

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        Far Right Extremism on the Rise: How US Law and Policy Falls Short in Preventing and Prosecuting Domestic Terrorism

        By   3 weeks ago

        By Helina Daniel With increased acts of domestic terrorism in the US, far right extremism is a growing threat in the US. The rise of domestic terrorism highlights how the US falls short in the prevention and prosecution of domestic acts of terror, especially as relates to those perpetrated by far right or white nationalist […]

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        Changes in Military Attitudes Toward Cultural Heritage Law

        By   3 weeks ago

        By: Bree Evans In 1954, the world gathered and produced the first-ever international treaty for the protection of cultural heritage: the 1954 Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict. Among other protections, the Convention intends to safeguard immovable cultural property, like museums and archaeological sites, from use in […]

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        U.S. Options for the ICC’s Possible Afghanistan Investigation

        By   2 months ago

        By: David Johnson The Rome Statute was adopted on July 17, 1998, and went into effect on July 1 2002, establishing the ICC.  The ICC has jurisdiction over genocide, crimes against humanity, and war crimes committed by or in a country that is party to the statute, or crimes referred by the UN Security Council.  […]

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        Due Process in the Drone Era

        By   2 months ago

        By Alexa Potter   Shortly following the September 11, 2001 terrorist attacks on U.S. soil and as a means of self-defense, Congress passed the 2001 Authorization for Use of Military Force (AUMF). The AUMF authorized the President to “use all necessary and appropriate force” against those he determined to have planned, authorized, committed, or aided […]

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        New War, Same Problem: Why the AUMF Needs To Be Updated

        By   7 months ago

        By: Joseph Epstein The United States Department of Defense has been conducting extensive operations throughout Africa against several different terrorist organizations, including al-Shabab and branches of ISIS. The strikes have been justified as a continuation of the war on terror; authorized domestically under the 2001 Authorization for the Use of Military Force (AUMF) and internationally […]

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        Fighting Poaching Fights Terrorism

        By   8 months ago

        By Frank E. Waliczek Africa is home to a growing number of terrorist organizations seeking expansion funds, as well as to a dwindling number of the world’s most endangered animals. Asia, namely Vietnam and China, offers a substantial black market of eager buyers willing to pay top-dollar for the body parts of these animals. The […]

        Read More →

          Cybersecurity View All →

          Election Security in an Age of Electoral Cyber Warfare

          By   3 weeks ago

          By: Maria Latimer Election security has been an immense topic of debate since President Donald Trump secured the 2016 Presidential Election. Rumors swirled around media outlets, journals, and social media platforms insinuating that our election process, procedure, and overall outcome had been compromised by cyber-attacks and tampering by other nations such as China, North Korea, […]

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          Defending Against the Threat of Cyber Attacks and Its Legal Implications

          By   4 weeks ago

          By: Kimiya Gilani The rising threat and implementation of cyberattacks from foreign actors has compromised the basic foundation of American Democracy. Cyberspace and cyber-attacks are being used to disrupt our government and challenge our democratic processes. This threat of digital warfare has pushed us into the age of digital defense against these attacks. To defend the […]

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          The OPM Data Breach: Implications for Covert Employees

          By   2 months ago

            The 2014 breach of the Office of Personnel Management’s (OPM) databases affected over 20 million people who had background investigations conducted for government positions. Though the breach was initially discovered in 2015, details and impacts of the incident are still being uncovered today. As with other breaches, it has proven to be extremely difficult […]

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          Critical Questions for the Critical Infrastructure Designation for Financial Services

          By   1 year ago

          In light of recent hacks that have exposed the personal financial information of millions of Americans, NSLB’s Symposium Editor, Anthony Bjelke, explores critical questions concerning the designation of financial services as critical infrastructure.

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          Kaspersky, the NSA, and Data Breaches: Bad Security Practices

          By   1 year ago

          By Ryan Johnston – November 5, 2017 The NSA is one of the foremost agencies responsible for collecting data in the United States, but it has a big problem holding onto its own. It has recently come to light that in 2015 Russian agents stole highly classified NSA materials from a contractor’s personal computer. In […]

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          Update Required? Analyzing the Electronic Communications Privacy Act

          By   1 year ago

          By Carly Nuttall Most people understand that statements shared on Twitter, status updates posted on Facebook, or photos uploaded to Instagram are not private. But what about emails, text messages, health and financial records, or photos stored in the cloud? Although most people would assume that this information is protected—both by passwords and the Fourth […]

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          Ransomware: The Limitations of the Legal System

          By   2 years ago

          By: Ryan Johnston, November 10, 2016   Ransomware is on the rise; while is not a new form of cyber attack, the tools to launch ransomware attacks have become easier to obtain and use. Cyber criminals are targeting critical infrastructures, schools, hospitals, and other things essential to the survival of our nation. What is ransomware? […]

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            International Law View All →

            Defining Terrorism: The Necessity of a Universal Definition to Protect Fundamental Freedoms

            By   4 days ago

            By: Alexa August Introduction The international community has attempted to formulate a comprehensive definition of “terrorism” since the days of the League of Nations, to no avail. Defining terrorism is inherently political, as one man’s freedom fighter is another man’s terrorist. International instruments predominantly do not contain a definition of terrorism due to its political […]

            Read More →

            Changes in Military Attitudes Toward Cultural Heritage Law

            By   3 weeks ago

            By: Bree Evans In 1954, the world gathered and produced the first-ever international treaty for the protection of cultural heritage: the 1954 Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict. Among other protections, the Convention intends to safeguard immovable cultural property, like museums and archaeological sites, from use in […]

            Read More →

            United States Poorly Positioned to Rebut Russian Arctic Territorial Claims

            By   3 weeks ago

            By: Daniel Wiltshire Disclaimer: The views expressed herein are those of the blogger and are not to be construed as official or reflecting the views of the Commandant or of the U.S. Coast Guard. In 2014, the MV Nunavik became the first cargo ship to successfully transit the Arctic via the Northwest Passage.  The transit is notable […]

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            The Living Alliance: Montenegro’s Accession to NATO

            By   4 weeks ago

            By: Trevor Herden Montenegro, nestled between Serbia and the Adriatic Sea in the Balkans, is home to about 600,000 people, split largely among ethnic Montenegrins and Serbians. With historic ties to Russia, but trending towards greater connection with the west, Montenegro is well-positioned to be an important regional actor. Montenegro’s accession to NATO in 2017 […]

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            Defending Against the Threat of Cyber Attacks and Its Legal Implications

            By   4 weeks ago

            By: Kimiya Gilani The rising threat and implementation of cyberattacks from foreign actors has compromised the basic foundation of American Democracy. Cyberspace and cyber-attacks are being used to disrupt our government and challenge our democratic processes. This threat of digital warfare has pushed us into the age of digital defense against these attacks. To defend the […]

            Read More →

            How Changing Geography in the Arctic Poses a Challenge to American Economic and National Security

            By   1 month ago

            By: Jackson Garrity Climate change is a major concern to U.S. national security interests.  Fifty percent of Department of Defense sites surveyed in a 2018 study reported damage to assets such as airfields, piers, and training areas because of climate change related effects.  According to the World Bank, natural disasters such as floods and hurricanes displaced […]

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            U.S. Withdrawal and a Path Toward INF Treaty Compliance

            By   1 month ago

            By: Patrick Dozier On December 8, 1987, U.S. President Ronald Reagan and U.S.S.R. General Secretary Mikhail Gorbachev, signed the Intermediate-Range Nuclear Forces (INF) Treaty. The Treaty’s purpose was simple – elimination of both countries’ conventional and nuclear ballistic missiles with ranges from 500 to 5,500 kilometers. Additionally, the INF Treaty prohibited both countries from future […]

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