National Security Law View All →

Issues with Designating Election Infrastructure as Critical Infrastructure

By   7 months ago

By Daniel Patrick Shaffer Critical Infrastructure and the Power of the Executive Branch Department of Homeland Security Secretary Jeh Johnson recently proposed the idea of designating election infrastructure as “critical infrastructure.” Critical infrastructure includes pieces of infrastructure that are so vital to the United States, that their destruction would have a crippling effect on our […]

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Could Qaddafi’s downfall be the last nail in the coffin for the War Powers Resolution?

By   9 months ago

As negotiations continue for the surrender of the few cities where deposed tyrant Col. Muammar el-Qaddafi could be hiding, how peaceful the endgame turns out to be may impact the rhetoric surrounding President Obama’s decision to enter the fray in the first place. Part of that discussion will undoubtedly concern the War Powers Resolution (“WPR”), […]

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The Third Party Records Doctrine and Privacy in the Digital Age and Its Role in National Security

By   1 year ago

Everyday that passes the expectation of privacy of individuals diminishes. The newest technological crazes revolve around monitoring our day-to-day activities and maximizing every second we have. From wristwatches that measure your heart rate and let you read email or text messages at the same time, to smart meters installed at our houses collecting minute-by-minute data […]

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Supreme Court Approves Change to Rule 41 Search and Seizure Warrants for Electronic Property

By   1 year ago

On Thursday, April 28, Chief Justice John Roberts submitted to Congress, the amendments to the Federal Rules of Criminal Procedure that have been adopted by the Supreme Court.[1] The Supreme Court amended Rule 41(b), governing ‘Search and Seizure’ by expanding the scope of venue in which a warrant could apply.[2] Under certain circumstances, a federal […]

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Stopping Terrorism at the Border

By   1 year ago

Are the U.S. borders the last stop before both foreigners and citizens are entitled to the constitutional rights generally afforded to all within the United States? Terrorists have long been recruiting Americans whose outward appearance matches the local population to make their war against the non-believers more effective and inconspicuous. A limit on search and […]

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    Cyber-terrorism/Finance/Other View All →

    Issues with Designating Election Infrastructure as Critical Infrastructure

    By   7 months ago

    By Daniel Patrick Shaffer Critical Infrastructure and the Power of the Executive Branch Department of Homeland Security Secretary Jeh Johnson recently proposed the idea of designating election infrastructure as “critical infrastructure.” Critical infrastructure includes pieces of infrastructure that are so vital to the United States, that their destruction would have a crippling effect on our […]

    Read More →

    The Third Party Records Doctrine and Privacy in the Digital Age and Its Role in National Security

    By   1 year ago

    Everyday that passes the expectation of privacy of individuals diminishes. The newest technological crazes revolve around monitoring our day-to-day activities and maximizing every second we have. From wristwatches that measure your heart rate and let you read email or text messages at the same time, to smart meters installed at our houses collecting minute-by-minute data […]

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    Cell Site Simulator Technology Violating Fourth Amendment Rights

    By   1 year ago

    In the age of modern technology, the balance between individuals’ privacy rights and national security have been heavily weighed. Advances in technology have enabled government agencies to obtain cellular information without appropriate judicial review and without the individual’s knowledge. Due to public outcry and complaints made by the American Civil Liberties Union, the Federal Government felt that […]

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    The Intersection of “Internet Terrorism” and “Individual Privacy” in the Context of the First Amendment

    By   1 year ago

    “Deterring Russia, channeling growing Chinese power, and working with others to dismantle the Islamic State are daunting challenges — but not greater than rebuilding post-World War II Europe, containing the Soviet Union, ending the Cold War, and promoting democratic governance throughout much of the modern world.”[1] –James Dobbins The “modern world” that Ambassador James Dobbins speaks of has a […]

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    The Slippery Slope of Creating an iPhone Backdoor

    By   1 year ago

    Gregory Coutros The Slippery Slope of Creating an iPhone Backdoor             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 […]

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      Surveillance View All →

      Limiting Surveillance of non-US Citizens with Presidential Policy Directive Twenty-Eight

      By   1 year ago

      In response to the Snowden leaks, President Obama and Congress imposed a series of reforms including Presidential Policy Directive Twenty-Eight. Although the directive was created to promote transparency and limit surveillance operations, the changes are largely ornamental do not reflect a significant desire to change current surveillance practices. In June 2013, Edward Snowden released classified […]

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        Unsorted View All →

        2017 Spring NSLB Symposium: Cyber Space and Hacking; Meeting the Challenges of the Digital Age

        By   2 months ago

        Register for our Spring Symposium here: https://www.wcl.american.edu/secle/registration March 1st, from 1-5pm

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        Punitive Strikes, Keeping the Seas Safe

        By   5 months ago

        Freedom of the seas and their safe navigation has been a fundamental principle of American international relations since the nation’s inception. It ensures the ability of American merchants to access markets overseas, thus helping secure our economy, and ultimately provide security and stability for the nation. The Quasi-War and the Barbary Wars were both fought […]

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        President-elect Trump’s Road to Reviving Enhanced Interrogation Techniques (EIT)

        By   5 months ago

        Over the course of Donald Trump’s campaign, the President-elect has made clear that he intends to revive Bush-era enhanced interrogation techniques (EIT), widely labeled as torture. Specifically, Mr. Trump has touted support for waterboarding, stated “torture works” (EIT advocates specifically avoid the term ‘torture’ as it is an unequivocal violation of domestic and international law), […]

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        Fundamental National Security Flaw in U.S.-Cuba Relations

        By   6 months ago

        The U.S. and Cuba may have a lot in common, yet there is still a critical need to learn from their divergent legal and operational systems for security cooperation.

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        Danger to U.S. Defense Industry: China’s Monopoly Control of Rare Earths

        By   9 months ago

        “Rare earths” refer to seventeen metals found on the periodic table of elements that are important ingredients in some of the most advanced and desired consumer technologies, including cell phones, motors for hybrid vehicles, LED lights, and solar panels. Even more importantly, they are also crucial to national defense being necessary elements in advanced defense […]

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