Since the attacks of September 11, 2001, the tension between civil rights and public safety has dominated public discourse. On issues ranging from racial profiling to military tribunals, Americans have had to ask whether it is possible for the United States to defend itself against terrorism without violating the values and principles that lie at the heart of its democratic order. In Rights vs. Public Safety after 9/11, some of the nation's leading legal experts and social critics confront this question head-on. The contributors offer measured, often communitarian, approaches to topics such as the changes in United States immigration policy after September 11th, the practical and moral difficulties of racial profiling, the ethical dilemmas of an emergency response to a bioterrorist attack, and the role of the government in promoting national service. This balanced compilation of essays highlights where government will need to expand its authority in the fight against terrorism, where it risks overreaching, and how this new era might strengthen American society.
Since the Revolutionary War, America's military and political leaders have recognized that U.S. national security depends upon the collection of intelligence. Absent information about foreign threats, the thinking went, the country and its citizens stood in great peril. To address this, the Courts and Congress have historically given the President broad leeway to obtain foreign intelligence. But in order to find information about an individual in the United States, the executive branch had to demonstrate that the person was an agent of a foreign power. Today, that barrier no longer exists. The intelligence community now collects massive amounts of data and then looks for potential threats to the United States. As renowned national security law scholar Laura K. Donohue explains in The Future of Foreign Intelligence, global communications systems and digital technologies have changed our lives in countless ways. But they have also contributed to a worrying transformation. Together with statutory alterations instituted in the wake of 9/11, and secret legal interpretations that have only recently become public, new and emerging technologies have radically expanded the amount and type of information that the government collects about U.S. citizens. Traditionally, for national security, the Courts have allowed weaker Fourth Amendment standards for search and seizure than those that mark criminal law. Information that is being collected for foreign intelligence purposes, though, is now being used for criminal prosecution. The expansion in the government's acquisition of private information, and the convergence between national security and criminal law threaten individual liberty. Donohue traces the evolution of U.S. foreign intelligence law and pairs it with the progress of Fourth Amendment jurisprudence. She argues that the bulk collection programs instituted by the National Security Agency amount to a general warrant, the prevention of which was the reason the Founders introduced the Fourth Amendment. The expansion of foreign intelligence surveillanceleant momentum by advances in technology, the Global War on Terror, and the emphasis on securing the homelandnow threatens to consume protections essential to privacy, which is a necessary component of a healthy democracy. Donohue offers a road map for reining in the national security state's expansive reach, arguing for a judicial re-evaluation of third party doctrine and statutory reform that will force the executive branch to take privacy seriously, even as Congress provides for the collection of intelligence central to U.S. national security. Alarming and penetrating, this is essential reading for anyone interested in the future of foreign intelligence and privacy in the United States.
Since the attacks of September 11, 2001, the tension between civil rights and public safety has dominated public discourse. On issues ranging from racial profiling to military tribunals, Americans have had to ask whether it is possible for the United States to defend itself against terrorism without violating the values and principles that lie at the heart of its democratic order. In Rights vs. Public Safety after 9/11, some of the nation's leading legal experts and social critics confront this question head-on. The contributors offer measured, often communitarian, approaches to topics such as the changes in United States immigration policy after September 11th, the practical and moral difficulties of racial profiling, the ethical dilemmas of an emergency response to a bioterrorist attack, and the role of the government in promoting national service. This balanced compilation of essays highlights where government will need to expand its authority in the fight against terrorism, where it risks overreaching, and how this new era might strengthen American society.
An estimated 2 billion people around the world watched the catastrophic destruction of the World Trade Center. The enormity of the moment was immediately understood and quickly took on global proportions. What has been less obvious is the effect on the locus of the attacks, New York City, not as a seat of political or economic power, but as a community; not in the days and weeks afterward, but over months and years. New York after 9/11 offers insightful and critical observations about the processes set in motion by September 11, 2001 in New York, and holds important lessons for the future. This interdisciplinary collection brings together experts from diverse fields to discuss the long-term recovery of New York City after 9/11. Susan Opotow and Zachary Baron Shemtob invited experts in architecture and design, medicine, health, community advocacy, psychology, public safety, human rights, law, and mental health to look back on the aftereffects of that tragic day in key spheres of life in New York City. With a focus on the themes of space and memory, public health and public safety, trauma and conflict, and politics and social change, this comprehensive account of how 9/11 changed New York sets out to answer three questions: What were the key conflicts that erupted in New York City in 9/11’s wake? What clashing interests were involved and how did they change over time? And what was the role of these conflicts in the transition from trauma to recovery for New York City as a whole? Contributors discuss a variety of issues that emerged in this tragedy’s wake, some immediately and others in the years that followed, including: PTSD among first responders; conflicts and design challenges of rebuilding the World Trade Center site, the memorial, and the museum; surveillance of Muslim communities; power struggles among public safety agencies; the development of technologies for faster building evacuations; and the emergence of chronic illnesses and fatalities among first responders and people who lived, worked, and attended school in the vicinity of the 9/11 site. A chapter on two Ground Zeros –in Hiroshima and New York – compares and historicizes the challenges of memorialization and recovery. Each chapter offers a nuanced, vivid, and behind-the-scenes account of issues as they unfolded over time and across various contexts, dispelling simplistic narratives of this extended and complicated period. Illuminating a city’s multifaceted response in the wake of a catastrophic and traumatic attack, New York after 9/11 illustrates recovery as a process that is complex, multivalent, and ongoing.
Based on a series of regional meetings on university campuses with officials from the national security community and academic research institutions, this report identifies specific actions that should be taken to maintain a thriving scientific research environment in an era of heightened security concerns. Actions include maintaining the open exchange of scientific information, fostering a productive environment for international scholars in the U.S., reexamining federal definitions of sensitive but unclassified research, and reviewing policies on deemed export controls. The federal government should establish a standing entity, preferably a Science and Security Commission, that would review policies regarding the exchange of information and the participation of foreign-born scientists and students in research.
The official report that has shaped the international debate about NSA surveillance "We cannot discount the risk, in light of the lessons of our own history, that at some point in the future, high-level government officials will decide that this massive database of extraordinarily sensitive private information is there for the plucking. Americans must never make the mistake of wholly 'trusting' our public officials."—The NSA Report This is the official report that is helping shape the international debate about the unprecedented surveillance activities of the National Security Agency. Commissioned by President Obama following disclosures by former NSA contractor Edward J. Snowden, and written by a preeminent group of intelligence and legal experts, the report examines the extent of NSA programs and calls for dozens of urgent and practical reforms. The result is a blueprint showing how the government can reaffirm its commitment to privacy and civil liberties—without compromising national security.
The Oklahoma City bombing, intentional crashing of airliners on September 11, 2001, and anthrax attacks in the fall of 2001 have made Americans acutely aware of the impacts of terrorism. These events and continued threats of terrorism have raised questions about the impact on the psychological health of the nation and how well the public health infrastructure is able to meet the psychological needs that will likely result. Preparing for the Psychological Consequences of Terrorism highlights some of the critical issues in responding to the psychological needs that result from terrorism and provides possible options for intervention. The committee offers an example for a public health strategy that may serve as a base from which plans to prevent and respond to the psychological consequences of a variety of terrorism events can be formulated. The report includes recommendations for the training and education of service providers, ensuring appropriate guidelines for the protection of service providers, and developing public health surveillance for preevent, event, and postevent factors related to psychological consequences.
The California State Senate Office of Research examined the USA PATRIOT Act & assoc. Fed. powers that the gov't. acquired to protect the country against domestic terrorism following the attacks of 9/11. The office has looked at these issues from the perspective of members of Muslim communities in CA. The office discovered that a broad cross-section of these communities find the force of these new powers to be aimed against Muslims innocent of any connection to terrorist acts or known terrorist intentions. Contents: The PATRIOT Act -- An Overview; Selected Patriot Act Sections; The Roundup of Muslim Immigrants; Fed. Enforcement & the CA Connection: State & Local Issues; Foreign Students & Scholars; Conclusion; Stories; US-VISIT Fact Sheet.
