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The Slippery Slope of Creating an iPhone Backdoor

By   /  March 27, 2016  /  Counterterrorism, Cybersecurity, Cybersecurity Law & Policy, Fourth Amendment, National Security Law, Trending Topics  /  No Comments

By Gregory Coutros The FBI’s request that Apple provide an electronic backdoor into the iPhone used by the San Bernardino shooters is, on its face, a reasonable request. The government’s need to access the phone is undoubtedly important for national security so as to protect against terrorist attacks similar to the San Bernardino shooting. The […]

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Backdoors: National Security versus the Fourth Amendment

By   /  March 3, 2016  /  Counterterrorism, Cybersecurity, Cybersecurity Law & Policy, Fourth Amendment, National Security Law, Trending Topics  /  No Comments

As citizens of the United States, we rely on our nation’s foundation of rights as defined by the Constitution. These fundamental rights are guaranteed us, and these rights are protected and enforced by our Government – but what happens when it is the Government that is testing the boundaries of one of those rights, namely, […]

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Legally Fighting Foreign Entities

By   /  January 6, 2016  /  Global War on Terror, International Law, Laws of War / International Humanitarian Law, National Security Law  /  No Comments

Is it legal for a U.S. citizen to fight for a foreign entity? Yes, under certain guidelines and restrictions. I will analyze the relevant statutes and attempt to answer the question through the use of a particularly interesting vignette featuring a U.S. citizen who has gone abroad to fight in a foreign conflict. Mr. Dean […]

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Exporting Torture – The Legal Loophole of Extraordinary Rendition

By   /  November 10, 2015  /  International Law, National Security Law, Terrorist Trials, Trending Topics  /  No Comments

On September 26, 2002, Maher Arar, a dual citizen of Canada and Syria, was en route from Tunisia to Montreal in order to attend a business function.[1]While switching planes at Kennedy Airport in New York, Arar was stopped and detained by Federal Bureau of Investigation (“FBI”) officials under the belief that he might have ties […]

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Targeted Killings: The Blurry Lines of Applicable Legal Frameworks in the Context of Global Terrorism

By   /  October 18, 2015  /  AUMF, Counterterrorism, Global War on Terror, International Law, Laws of War / International Humanitarian Law, Remote Targeting  /  No Comments

Is it legal to use Uninhabited Aircraft Systems (UAS) technology to target and kill people suspected of terrorist activities? The short answer: it depends. The ever-expanding technology used in combat, married with the transnational arena in which wars are now waged has compelled lawmakers to reconsider traditional customs and laws that govern war. The interplay […]

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