Publications

Crimes Against Humanity: Repairing Title 18's Blind Spots

Author(s): 
Beth Van Schaack
Publication Date: 
December 17, 2015
Publication Type: 
Academic Writing

This is a contribution to a feshrift devoted to Professor William Schabas. It takes as its starting point President Obama's atrocities prevention and response initiative, a key product of which has been a concerted inter-agency effort to improve the United States' ability to prosecute atrocity crimes by closing gaps in our penal and immigration codes and preventing this country from serving as a safe haven for abusers.

Keeping Secrets

Author(s): 
Henry Corrigan-Gibbs
Publication Date: 
November 7, 2014
Publication Type: 
Other Writing

What ifyour research could help solve a looming national problem, but government officials thought publishing it would be tantamount to treason? A Stanford professor and his graduate students found themselves in that situation 37 years ago, when their visionary work on computer privacy issues ran afoul of the National Security Agency. At the time, knowledge of how to encrypt and decrypt information was the domain of government; the NSA feared that making the secrets of cryptography public would severely hamper intelligence operations.

Here’s how Washington weaponized America’s IT companies and why it backfired

Author(s): 
Henry Farrell
Publication Date: 
December 16, 2015
Publication Type: 
Other Writing

Two months ago, the European Court of Justice issued a ruling that effectively invalidated the Safe Harbor arrangement, an agreement that big U.S. multinationals and e-commerce firms use to move personal information across the Atlantic. The court’s ruling was largely motivated by the threat that U.S. surveillance undermined the privacy rights of European citizens.

OmniCISA Pits DHS Against the FCC and FTC on User Privacy

Author(s): 
Jennifer Granick
Publication Date: 
December 15, 2015
Publication Type: 
Other Writing

On Friday, Congress will vote on a mutated version of security threat sharing legislation that had previously passed through the House and Senate. These earlier versions would have permitted private companies to share with the federal government categories of data related to computer security threat signatures. Companies that did so would also receive legal immunity from liability under the Electronic Communications Privacy Act (ECPA) and other privacy laws.

The Transatlantic Data War

Author(s): 
Henry Farrell
Publication Date: 
December 15, 2015
Publication Type: 
Other Writing

Last October, the European Court of Justice struck down the Safe Harbor agreement, a 15-year-old transatlantic arrangement that permitted U.S. companies to transfer data, such as people’s Google-search histories, outside the EU.

Don’t Forget the Other Legal Issues in the 9/11 Trial

Author(s): 
Beth Van Schaack
Publication Date: 
December 14, 2015
Publication Type: 
Other Writing

This post is the latest installment of our “Monday Reflections” feature, in which a different Just Security editor examines the big stories from the previous week or looks ahead to key developments on the horizon.

Europe Is About to Adopt Bad Net Neutrality Rules. Here’s How to Fix The

Author(s): 
Barbara van Schewick
Publication Date: 
October 22, 2015
Publication Type: 
Other Writing

On Tuesday, October 27, the European Parliament will vote on rules intended to protect network neutrality in the European Union (EU). However, the proposal about to be adopted fails to deliver network neutrality to the EU and is much weaker than current net neutrality rules in the United States. Fortunately, it’s not too late to change course. Members of Parliament can still secure meaningful network neutrality for Europe — if they adopt key amendments on Tuesday.

Donald Trump’s attacks on Muslims fit a pattern of persecution. Just ask Jews, Catholics and Mormons.

Author(s): 
Henry Farrell
Publication Date: 
December 8, 2015
Publication Type: 
Other Writing

David T. Smith (@dtsmith_sydney) is a senior lecturer at the United States Studies Centre and the Department of Government and International Relations at the University of Sydney. His new book, “Religious Persecution and Political Order in the United States” came out two weeks ago, right at the beginning of the current controversies about the treatment of Muslims in the U.S., which have culminated in Donald Trump’s proposal to bar all Muslims from traveling to the U.S. I carried out an email interview with him.

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