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Examining the erosion of people's democratic rights and the potential catastrophic dangers of neglecting civil liberties, this book explores the endemic danger of the enlarged power of the state and the central role of Government in undermining personal freedoms through the use of state force in the name of the protection of security.
Terror in the Balance by Eric A. Posner,Adrian Vermeule Pdf
In Terror in the Balance, Posner and Vermeule take on civil libertarians of both the left and the right, arguing that the government should be given wide latitude to adjust policy and liberties in the times of emergency. They emphasize the virtues of unilateral executive actions and argue for making extensive powers available to the executive as warranted. The judiciary should neither second-guess security policy nor interfere on constitutional grounds. In order to protect citizens, government can and should use any legal instrument that is warranted under ordinary cost-benefit analysis. The value gained from the increase in security will exceed the losses from the decrease in liberty. At a time when the 'struggle against violent extremism' dominates the United States' agenda, this important and controversial work will spark discussion in the classroom and intellectual press alike.
Terrorism and the Balance Between Freedom and Security by Florian Seidl Pdf
Seminar paper from the year 2005 in the subject Sociology - War and Peace, Military, grade: 2,3, Friedrich-Alexander University Erlangen-Nuremberg, course: Terrorism, National Security and Constitutional Rights, 8 entries in the bibliography, language: English, abstract: The purpose of this paper is to discuss how the reaction to the new quality of terrorism after September 11, 2001 affects the balance between freedom and civil liberties on the one side, and national and public security on the other side. On the example of the Federal Republic of Germany it is examined, what civil liberties are affected and how. Before doing this, the issue of the perception of terrorism is shortly illuminated. The last part of the paper calls for the engagement of social scientists in response to the curbing of civil liberties and finally gives an outlook on the future development of the balance between freedom and security.
President's Review Group on Intelligence and Communications Technologies, The,Richard A. Clarke,Michael J. Morell,Geoffrey R. Stone,Cass R. Sunstein,Peter Swire
Author : President's Review Group on Intelligence and Communications Technologies, The,Richard A. Clarke,Michael J. Morell,Geoffrey R. Stone,Cass R. Sunstein,Peter Swire Publisher : Princeton University Press Page : 287 pages File Size : 53,7 Mb Release : 2014-03-31 Category : Political Science ISBN : 9781400851270
The NSA Report by President's Review Group on Intelligence and Communications Technologies, The,Richard A. Clarke,Michael J. Morell,Geoffrey R. Stone,Cass R. Sunstein,Peter Swire Pdf
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.
Balancing Liberty and Security by Ludovic Hennebel,Hélène Tigroudja Pdf
"This collection of essays offers an in-depth analysis of the thorny dialectic between liberty and security in the context of terrorism. International terrorism has challenged the very foundations of the democratic societies and the protection of human rights. In this context, domestic and international institutions - and above all the Courts - were burdened with the significant mission to maintain the strenuous balance between liberty and security. These essays offer the critical views of scholars from several countries (France, Belgium, Germany, Switzerland, United States of America, Colombia, and Canada) on the responses of democracies to specific terrorism related issues."--Provided by publisher
The Future of Foreign Intelligence by Laura K. Donohue Pdf
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.
Balancing Liberty and Security by Michelle Louise Atkin Pdf
This work examines the philosophical foundations of information ethics and their potential for application to contemporary problems in U.S. foreign intelligence surveillance. Questions concerning the limits of government intrusion on protected Fourth Amendment rights are examined against the backdrop of the post-9/11 period. Changes to U.S. foreign intelligence surveillance law and policy are analyzed by applying the traditional ethical theories commonly used to support or discount these changes, namely utilitarian and contractarian ethical theories. The resulting research combines both theoretical elements, through its use of analytic philosophy, and qualitative research methods, through its use of legislation, court cases, news media, and scholarship surrounding U.S. foreign intelligence surveillance. Using the U.S.A. PATRIOT Act, the Foreign Intelligence Surveillance Act (FISA) and the Terrorist Surveillance Program as case examples, the author develops and applies a normative ethical framework based on a legal proportionality test that can be applied to future cases involving U.S. foreign intelligence surveillance. The proportionality test developed in this research, which is based on a modified version of the Canadian Oakes Test, seeks to balance legitimate concerns about collective security against the rights of the individual. As a new synthesis of utilitarian and contractarian ethical principles, the proportionality test laid out in this book has potential for application beyond U.S. foreign intelligence surveillance. It could act as a guide to future research in other applied areas in information policy research where there is a clear tension between individual civil liberties and the collective good of society. Problems such as passenger screening, racial and ethnic profiling, data mining, and access to information could be examined using the framework developed in this study.
This book brings together a range of diverse discussions about security in order to sustain a genuine critique of the subject. It is unique in its examination of the historical and political links between social security and national security and in its assessment of the way that emergency powers (as the most intense realisation of the rhetoric of 'national security') have been synthesised with 'normal' law.Among other ideas and concepts, Mark Neocleous discusses the place of security in the liberal tradition of political theory. Building on insights from Foucault and Marx, he argues that liberalism's central category is not liberty, but security. He also deals with the role of security in justifying the introduction and continuation of emergency powers through a historical excavation of the state of emergency, a political reading of the way emergency powers are only tangentially concerned with warfare, and a theoretical reading of the debate between Schmitt and Benjamin.
Balancing Liberty, Privacy, and Security with Intelligence Capabilities by Benji Norwood Pdf
This book presents the final report of the review group on intelligence and communications technologies. Recommendations are provided that are designed to protect national security and maintain intelligence capabilities while also respecting our longstanding commitment to privacy, civil liberties, and the trust of allies abroad, with due consideration of reducing the risk of unauthorised disclosures.
National Security and Civil Liberty by Michael Geary Pdf
This textbook covers various issue of national security and civil liberty (such as free speech, political association, using the military in civil law enforcement, internet spying, etc.) in chronological order. Beginning with the American Revolution and the issues facing colonists as they sought to gain their freedom from British rule, this book covers definable periods in American history (the Civil War, World War I, World War II, the Cold War, and the War on Terror) to examine how the federal government has either expanded or restricted civil liberties in times of uncertainty, war, and terrorism. National Security and Civil Liberty: A Chronological Perspective is the only textbook covering these issues in this fashion, which allows students to understand the issues as their thoughts about what privacy and freedom mean evolve alongside American citizens in the various time periods.
National Security and Civil Liberty by Michael Geary Pdf
National Security and Civil Liberty takes the reader on a unique journey through American history from the colonial era to the present day. Suitable for a history, criminal justice, or law class, no other book on the market examines two centuries of American history from the perspective of balancing national security and individual civil liberty interests. Where other books may focus on a particular liberty issue or security issue - such as government spying on political groups or distrust of aliens - this book reviews history by examining events occurring during significant decades in America's history (e.g.: The Colonial Era, Civil War Era, the Cold War Era). This approach enables the reader to better appreciate how two centuries of war, acts of terror, distrust of aliens, innovations in technology, and presidential intrigue have shaped the federal government's present response to perceived threats to our national security. Sadly, government action (spying, censorship, mass internment) in the face of a perceived crisis (the threat of communism, violent groups, terrorists) has usually led to the temporary lessening of traditional civil liberties, followed by cooling-off periods of decreased federal action where civil liberties are restored. However, our history has shown that once initiated, government encroachment upon individual liberty and freedom is never completely halted. The net effect of decades of steady, incremental advances in technology and military capabilities, coupled with the acceptance of ever-lessening liberties since the 9/11 attacks, means that we may now be living in a "police state" in America. After reading the book, students will have a solid foundation of historical information upon which to draw as they examine the issue of the trading of cherished liberties in the hope it will lead to increased security.
Can we safeguard our nation's security without weakening cherished liberties? And how does technology affect the potential conflict between these fundamental goals? These questions acquired renewed urgency in the wake of the 9/11 attacks. They also spurred heated debates over such controversial measures as Total Information Awareness and the USA PATRIOT Act. In this volume, leading figures from the worlds of government, public policy, and business analyze the critical issues underlying these debates. The first set of essays examines the relationship between liberty and security and explores where the public stands on how best to balance the two. In the second section, the authors focus on information technology's role in combating terrorism, as well as tools, policies, and procedures that can strengthen both security and liberty at the same time. Finally, the third part of the book takes on a series of key legal issues concerning the restrictions that should be placed on the government's power to exploit these powerful new technologies. Contributors include Zoë Baird (Markle Foundation), James Barksdale (Barksdale Group), Bruce Berkowitz (Hoover Institution), Jerry Berman (Center for Democracy and Technology), Beryl A. Howell (Stroz Friedberg), Jon Kyl (U.S. Senate), Gilman Louie (In-Q-Tel), David Luban (Georgetown University), Richard A. Posner (U.S. Court of Appeals for the Seventh Circuit), Marc Rotenberg (Electronic Privacy Information Center), James Steinberg (Brookings), Larry Thompson (Brookings), Gayle von Eckartsberg (In-Q-Tel), and Alan F. Westin (Columbia University).
Author : Philip B. Heymann,Juliette N. Kayyem Publisher : MIT Press (MA) Page : 216 pages File Size : 51,7 Mb Release : 2005 Category : Law ISBN : STANFORD:36105114113967
Protecting Liberty in an Age of Terror by Philip B. Heymann,Juliette N. Kayyem Pdf
Since September 11, 2001, much has been said about the difficult balancing act between freedom and security, but few have made specific proposals for how to strike that balance. As the scandals over the abuse of Iraqi prisoners at Abu Ghraib and the "torture memos" written by legal officials in the Bush administration show, without clear rules in place, things can very easily go very wrong. With this challenge in mind, Philip Heymann and Juliette Kayyem, directors of Harvard's Long-Term Legal Strategy Project for Preserving Security and Democratic Freedoms in the War on Terrorism, take a detailed look at how to handle these competing concerns. Taking into account both the national security viewpoint and the democratic freedoms viewpoint, Heymann and Kayyem consulted experts from across the political spectrum—including Rand Beers, Robert McNamara, and Michael Chertoff (since named Secretary of Homeland Security)—about the thorniest and most profound legal challenges of this new era. Heymann and Kayyem offer specific recommendations for dealing with such questions as whether assassination is ever acceptable, when coercion can be used in interrogation, and when detention is allowable. They emphasize that drawing clear rules to guide government conduct protects the innocent from unreasonable government intrusion and prevents government agents from being made scapegoats later if things go wrong. Their recommendations will be of great interest to legal scholars, legislators, policy professionals, and concerned citizens.
