National Security Law
National Security Law

Author: Stephen Dycus

Publisher: Aspen Publishing

Published: 2024-06-13

Total Pages: 1815

ISBN-13:

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For more than 30 years, National Security Law has helped create and shape an entire new field of law. It has been adopted for classroom use at most American law schools, all of the military academies, and many non-law graduate programs. The Eighth Edition of this leading casebook provides an up-to-date, user-friendly survey of this extremely dynamic field. Relying heavily on original materials and provocative notes and questions, this book encourages students to play the roles of national security professionals, politicians, judges, and ordinary citizens. And, by showing the development of doctrine in historical context, it urges them to see their responsibility as lawyers to help keep this country safe and free. Like earlier editions, the new book deals with basic separation-of-powers principles, the interaction of U.S. and international law, the use of military force, intelligence, detention, criminal prosecution, homeland security, and national security information — more than enough to provide teachers with a rich menu of readings for classes. The Eighth Edition also addresses dramatic new security threats from without and within. New to the Eighth Edition: The COVID pandemic and its national security implications; Efforts to subvert the results of the 2020 presidential election, culminating in the January 6, 2021 attack on the U.S. Capitol, including the criminal liability of participants, and the possible criminal liability, immunity, and disqualification of former President Trump; Russia’s war of aggression in Ukraine; Espionage Act prosecution of former President Trump in the Mar-a-Lago documents case; The October 7, 2023 attacks on Israel by Hamas fighters based in the Gaza Strip; Climate change and its growing threat to world security.

Cyber-espionage in international law
Cyber-espionage in international law

Author: Thibault Moulin

Publisher: Manchester University Press

Published: 2023-05-02

Total Pages: 183

ISBN-13: 1526168022

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While espionage between states is a practice dating back centuries, the emergence of the internet revolutionised the types and scale of intelligence activities, creating drastic new challenges for the traditional legal frameworks governing them. This book argues that cyber-espionage has come to have an uneasy status in law: it is not prohibited, because spying does not result in an internationally wrongful act, but neither is it authorised or permitted, because states are free to resist foreign cyber-espionage activities. Rather than seeking further regulation, however, governments have remained purposefully silent, leaving them free to pursue cyber-espionage themselves at the same time as they adopt measures to prevent falling victim to it. Drawing on detailed analysis of state practice and examples from sovereignty, diplomacy, human rights and economic law, this book offers a comprehensive overview of the current legal status of cyber-espionage, as well as future directions for research and policy. It is an essential resource for scholars and practitioners in international law, as well as anyone interested in the future of cyber-security.

Data Protection without Data Protectionism
Data Protection without Data Protectionism

Author: Tobias Naef

Publisher: Springer Nature

Published: 2023-01-13

Total Pages: 442

ISBN-13: 303119893X

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This open access book offers a new account on the legal conflict between privacy and trade in the digital sphere. It develops a fundamental rights theory with a new right to continuous protection of personal data and explores the room for the application of this new right in trade law. Replicable legal analysis and practical solutions show the way to deal with cross-border data flows without violating fundamental rights and trade law principles. The interplay of privacy and trade became a topic of worldwide attention in the wake of Edward Snowden’s revelations concerning US mass surveillance. Based on claims brought forward by the activist Maximilian Schrems, the ECJ passed down two high-profile rulings restricting EU-US data flows. Personal data is relevant for a wide range of services that are supplied across borders and restrictions on data flows therefore have an impact on the trade with such services. After the two rulings by the ECJ, it is less clear then ever how privacy protection and trade can be brought together on an international scale. Although it was widely understood that the legal dispute over EU-US data flows concerns the broad application of EU data protection law, it has never been fully explored just how far the EU’s requirements for the protection of digital rights go and what this means beyond EU-US data flows. This book shows how the international effects of EU data protection law are rooted in the EU Charter of Fundamental Rights and that the architecture of EU law demands that the Charter as primary EU law takes precedence over international law. The book sets out to solve the problem of how the EU legal data transfer regime must be designed to implement the EU’s extraterritorial fundamental rights requirements without violating the principles of the WTO’s law on services. It also addresses current developments in international trade law – the conclusion of comprehensive trade agreements – and offers suggestion for the design of data flow clauses that accommodate privacy and trade.

Domestic Wiretapping
Domestic Wiretapping

Author: Sylvia Engdahl

Publisher: Greenhaven Publishing

Published: 2008

Total Pages: 258

ISBN-13:

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Covers the various controversies about wiretapping.

Bulk Collection of Signals Intelligence
Bulk Collection of Signals Intelligence

Author: National Research Council

Publisher:

Published: 2015

Total Pages: 0

ISBN-13: 9780309325202

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"A result of an activity called for in Presidential Policy Directive 28 (PPD-28), issued by President Obama in January 2014, to evaluate U.S. signals intelligence practices. The directive instructed the Office of the Director of National Intelligence (ODNI) to produce a report within one year 'assessing the feasibility of creating software that would allow the intelligence community more easily to conduct targeted information acquisition rather than bulk collection.' ODNI asked the National Research Council (NRC) - the operating arm of the National Academy of Sciences and National Academy of Engineering - to conduct a study, which began in June 2014, to assist in preparing a response to the President."--Publisher's description.