Intelligence, Secrecy, Vol. 8 No. 1

Can Technology Prevent Leaks?

Nathan Sales Leave a comment

Nathan Sales poses the question whether technology could have played a preventative role in the recent wave of security leaks. He first reviews the existing legal frameworks for adjudicating cases of criminal security leaks, and he finds only limited utility in these paradigms. He then proposes a technological supplement to these frameworks, an alternative he finds useful only for select categories of leaks.

National SecurityOffice of Legal Counsel (OLC)SecrecyWikileaks
Laws of War, Vol. 8 No. 1

No Place in the Military: The Judiciary’s Failure to Compensate Victims of Military Sexual Assault & a Suggested Path Forward Using Lessons from the Prison Context

Aparna Krishnaswamy Patrie 1 Comment

Patrie conducts a careful and detailed examination of sexual assault in the military with a review of several recent high-profile cases. She proposes a framework to enforce judicial noninterference in sensitive military affairs while also ensuring that the military does not violate servicemembers’ constitutional rights

International Humanitarian LawLaw of Armed ConflictUniform Code of Military Justice
Laws of War, Remote Targeting, Vol. 8 No. 1

“Friend of Humans”: An Argument for Developing Autonomous Weapons Systems

Christopher Toscano 2 Comments

Toscano reviews the state of autonomous robotic technology on the modern battlefield, in both its current and anticipated instances. He suggests that existing legal frameworks in international humanitarian law and the laws of war are equipped to deal with this novel form of weaponry.

International Humanitarian LawLaw of Armed Conflict
Intelligence, Secrecy, Vol. 8 No. 1, War on Terror

The Wasp’s Nest: Intelligence Community Whistleblowing & Source Protection

Dan Meyer Leave a comment

Meyer and Berenbaum analyze the national security policy challenge in balancing protections for Intelligence Community whistleblowers and the government’s legitimate need for secrecy in order to execute the federal intelligence and counterintelligence mission. It is that need for secrecy that creates the intellectual distance between the sovereign’s requirement for information regarding the performance of the federal intelligence and counterintelligence mission and the ability to conduct that mission.

Big DataCounterterrorism LawExecutive PowerExecutive PrivilegeHomeland SecurityNational SecuritySecrecySeparation of PowersSurveillanceWar on Terror