Download or read book The NSA Report written by President's Review Group on Intelligence and Communications Technologies, The and published by Princeton University Press. This book was released on 2014-03-31 with total page 287 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Security V Liberty written by Daniel Farber and published by Russell Sage Foundation. This book was released on 2008-04-24 with total page 258 pages. Available in PDF, EPUB and Kindle. Book excerpt: Explores the varied ways in which threats to national security have affected civil liberties throughout American history. Has the government’s response to such threats led to a gradual loss of freedoms once taken for granted, or has the nation learned how to restore civil liberties after threats subside and how to put protections in place for the future? The authors focus on periods of national emergency in the twentieth century—from World War I through the Vietnam War—to explore how past episodes might bear upon today’s dilemma. They show that civil liberties are a not an immutable right, but the historically shifting result of a continuous struggle that has extended over two centuries. From publisher description.
Download or read book Liberty and Security written by Conor Gearty and published by John Wiley & Sons. This book was released on 2013-04-03 with total page 108 pages. Available in PDF, EPUB and Kindle. Book excerpt: All aspire to liberty and security in their lives but few people truly enjoy them. This book explains why this is so. In what Conor Gearty calls our 'neo-democratic' world, the proclamation of universal liberty and security is mocked by facts on the ground: the vast inequalities in supposedly free societies, the authoritarian regimes with regular elections, and the terrible socio-economic deprivation camouflaged by cynically proclaimed commitments to human rights. Gearty's book offers an explanation of how this has come about, providing also a criticism of the present age which tolerates it. He then goes on to set out a manifesto for a better future, a place where liberty and security can be rich platforms for everyone's life. The book identifies neo-democracies as those places which play at democracy so as to disguise the injustice at their core. But it is not just the new 'democracies' that have turned 'neo', the so-called established democracies are also hurtling in the same direction, as is the United Nations. A new vision of universal freedom is urgently required. Drawing on scholarship in law, human rights and political science this book argues for just such a vision, one in which the great achievements of our democratic past are not jettisoned as easily as were the socialist ideals of the original democracy-makers.
Download or read book Security V Liberty written by Daniel Farber and published by Russell Sage Foundation. This book was released on 2008-04-24 with total page 251 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the weeks following 9/11, the Bush administration launched the Patriot Act, rejected key provisions of the Geneva Convention, and inaugurated a sweeping electronic surveillance program for intelligence purposes—all in the name of protecting national security. But the current administration is hardly unique in pursuing such measures. In Security v. Liberty, Daniel Farber leads a group of prominent historians and legal experts in exploring the varied ways in which threats to national security have affected civil liberties throughout American history. Has the government's response to such threats led to a gradual loss of freedoms once taken for granted, or has the nation learned how to restore civil liberties after threats subside and how to put protections in place for the future? Security v. Liberty focuses on periods of national emergency in the twentieth century—from World War I through the Vietnam War—to explore how past episodes might bear upon today's dilemma. Distinguished historian Alan Brinkley shows that during World War I the government targeted vulnerable groups—including socialists, anarchists, and labor leaders—not because of a real threat to the nation, but because it was politically expedient to scapegoat unpopular groups. Nonetheless, within ten years the Supreme Court had rolled back the most egregious of the World War I restrictions on civil liberties. Legal scholar John Yoo argues for the legitimacy of the Bush administration's War on Terror policies—such as the detainment and trials of suspected al Qaeda members—by citing historical precedent in the Roosevelt administration's prosecution of World War II. Yoo contends that, compared to Roosevelt's sweeping use of executive orders, Bush has exercised relative restraint in curtailing civil liberties. Law professor Geoffrey Stone describes how J. Edgar Hoover used domestic surveillance to harass anti-war protestors and civil rights groups throughout the 1960s and early 1970s. Congress later enacted legislation to prevent a recurrence of the Hoover era excesses, but Stone notes that the Bush administration has argued for the right to circumvent some of these restrictions in its campaign against terrorism. Historian Jan Ellen Lewis looks at early U.S. history to show how an individual's civil liberties often depended on the extent to which he or she fit the definition of "American" as the country's borders expanded. Legal experts Paul Schwartz and Ronald Lee examine the national security implications of rapid advances in information technology, which is increasingly driven by a highly globalized private sector, rather than by the U.S. government. Security v. Liberty shows that civil liberties are a not an immutable right, but the historically shifting result of a continuous struggle that has extended over two centuries. This important new volume provides a penetrating historical and legal analysis of the trade-offs between security and liberty that have shaped our national history—trade-offs that we confront with renewed urgency in a post-9/11 world.
Download or read book Protecting Liberty in an Age of Terror written by Philip B. Heymann and published by MIT Press (MA). This book was released on 2005 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book National Security and Civil Liberty written by Michael Geary and published by . This book was released on 2014 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book The Future of Foreign Intelligence written by Laura K. Donohue and published by Oxford University Press. This book was released on 2016-02-23 with total page 209 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Liberty Security and the War on Terrorism written by Richard M. Ebeling and Jacob G. Hornberger and published by The Future of Freedom Foundation. This book was released on 2003-01-01 with total page 204 pages. Available in PDF, EPUB and Kindle. Book excerpt: In an 1821 Independence Day speech, John Quincy Adams declared, “[America] goes not abroad in search of monsters to destroy. She is the well-wisher to the freedom and independence of all. She is the champion and vindicator only of her own.” Much has changed in the past two centuries, and America is now constantly in search of monsters to destroy. History has shown that such an imperial foreign policy is inimical to a peaceful society, and ultimately to individual liberty. Liberty, Security, and the War on Terrorism is a collection of essays that predicted the dire consequences of current U.S. foreign policy before the attacks of September 11, documents the loss of liberty that has ensued in the aftermath, and lays out what the proper role of a peaceful republic should be in a world full of monsters.
Download or read book Secrecy and Liberty National Security Freedom of Expression and Access to Information written by Joan Fitzpatrick and published by BRILL. This book was released on 2021-09-27 with total page 592 pages. Available in PDF, EPUB and Kindle. Book excerpt: The tension between national security and freedom of expression and information is both acute and multifaceted. Without national security, basic human rights are always at risk. On the other hand, the tendency of governing elites to confuse `the life of the nation' with their own survival has often resulted in excessive restrictions on expression and information, as well as other fundamental rights. A proper balance between secrecy and liberty requires a vigilant press and an independent judiciary. It also requires greater clarity than currently exists as to how competing rights and interests should be weighed. This book addresses that gap. Its centerpiece is a set of Principles drafted by a group of international and national law experts, many of whom contributed chapters, to guide governments, courts and international bodies in how to strike a proper balance. The Principles have been widely endorsed, among others by United Nations experts on freedom of expression and independence of judges and lawyers. Sixteen country studies - profiling, among other states, Albania, Chile, China, Egypt, France, Germany, India, Israel, Japan, Norway, South Africa, South Korea, Turkey, the United Kingdom, the United States, and the Federal Republic of Yugoslavia - explore the tremendous diversity of national security doctrines and the penal and other measures aimed at suppressing allegedly secret information and speech claimed to be subversive, separatist or otherwise dangerous. Five chapters examine the cases considered and approaches taken by the UN Human Rights Committee, three regional human rights bodies, and the European Court of Justice. A Commentary draws on the other chapters to support and elucidate the Principles, noting where they reflect an existing consensus and the points at which they attempt to elicit a more rights-protective approach.
Download or read book Terror in the Balance written by Eric A. Posner and published by Oxford University Press. This book was released on 2007-01-04 with total page 328 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Terror Insecurity and Liberty written by Didier Bigo and published by Routledge. This book was released on 2008-05-13 with total page 398 pages. Available in PDF, EPUB and Kindle. Book excerpt: This edited volume questions the widespread resort to illiberal security practices by contemporary liberal regimes since 9/11, and argues that counter-terrorism is embedded into the very logic of the fields of politics and security.Although recent debate surrounding civil rights and liberties in post-9/11 Europe has focused on the forms, provisions
Download or read book Protecting What Matters written by Clayton Northouse and published by Rowman & Littlefield. This book was released on 2007-02-01 with total page 238 pages. Available in PDF, EPUB and Kindle. Book excerpt: A Brookings Institution Press and the Computer Ethics Institute publication 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).
Download or read book Protecting What Matters written by Clayton Northouse and published by Rowman & Littlefield. This book was released on 2007-02-01 with total page 231 pages. Available in PDF, EPUB and Kindle. Book excerpt: A Brookings Institution Press and the Computer Ethics Institute publication 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).
Download or read book The Transnational Dimension of Cyber Crime and Terrorism written by Seymour E. Goodman and published by Hoover Institution Press. This book was released on 2013-11-01 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: In December 1999, more than forty members of government, industry, and academia assembled at the Hoover Institution to discuss this problem and explore possible countermeasures. The Transnational Dimension of Cyber Crime and Terrorism summarizes the conference papers and exchanges, addressing pertinent issues in chapters that include a review of the legal initiatives undertaken around the world to combat cyber crime, an exploration of the threat to civil aviation, analysis of the constitutional, legal, economic, and ethical constraints on use of technology to control cyber crime, a discussion of the ways we can achieve security objectives through international cooperation, and more. Much has been said about the threat posed by worldwide cyber crime, but little has been done to protect against it. A transnational response sufficient to meet this challenge is an immediate and compelling necessity—and this book is a critical first step in that direction.
Download or read book A Commentary on the International Covenant on Civil and Political Rights written by Paul M. Taylor and published by Cambridge University Press. This book was released on 2020-07-02 with total page 1340 pages. Available in PDF, EPUB and Kindle. Book excerpt: A new and an essential reference work for any international human rights law academic, student or practitioner, A Commentary on the International Covenant on Civil and Political Rights spans all substantive rights of the International Covenant on Civil and Political Rights (ICCPR), approached from the perspective of the ICCPR as an integrated, coherent scheme of rights protection. In detailed coverage of the Human Rights Committee's output when monitoring ICCPR compliance, Paul M. Taylor offers extraordinary access to forty years of its Concluding Observations, Views and General Comments organised thematically. This Commentary is a solid and practical introduction to any and all of the civil and political rights in the ICCPR, and a rare resource explaining the requirements for domestic implementation of ICCPR standards. An indispensable research tool for any serious enquirer into the subject, the Commentary speaks to the accomplishments of the ICCPR in striving for universal human rights standards.
Download or read book Negative Liberty written by Darren W. Davis and published by Russell Sage Foundation. This book was released on 2007-03-02 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt: Did America's democratic convictions "change forever" after the terrorist attacks of September 11? In the wake of 9/11, many pundits predicted that Americans' new and profound anxiety would usher in an era of political acquiescence. Fear, it was claimed, would drive the public to rally around the president and tolerate diminished civil liberties in exchange for security. Political scientist Darren Davis challenges this conventional wisdom in Negative Liberty, revealing a surprising story of how September 11 affected Americans' views on civil liberties and security. Drawing on a unique series of original public opinion surveys conducted in the immediate aftermath of 9/11 and over the subsequent three years, Negative Liberty documents the rapid shifts in Americans' opinions regarding the tradeoff between liberty and security, at a time when the threat of terrorism made the conflict between these values particularly stark. Theories on the psychology of threat predicted that people would cope with threats by focusing on survival and reaffirming their loyalty to their communities, and indeed, Davis found that Americans were initially supportive of government efforts to prevent terrorist attacks by rolling back certain civil liberties. Democrats and independents under a heightened sense of threat became more conservative after 9/11, and trust in government reached its highest level since the Kennedy administration. But while ideological divisions were initially muted, this silence did not represent capitulation on the part of civil libertarians. Subsequent surveys in the years after the attacks revealed that, while citizens' perceptions of threat remained acute, trust in the government declined dramatically in response to the perceived failures of the administration's foreign and domestic security policies. Indeed, those Americans who reported the greatest anxiety about terrorism were the most likely to lose confidence in the government in the years after 2001. As a result, ideological unity proved short lived, and support for civil liberties revived among the public. Negative Liberty demonstrates that, in the absence of faith in government, even extreme threats to national security are not enough to persuade Americans to concede their civil liberties permanently. The September 11 attacks created an unprecedented conflict between liberty and security, testing Americans' devotion to democratic norms. Through lucid analysis of concrete survey data, Negative Liberty sheds light on how citizens of a democracy balance these competing values in a time of crisis.
Download or read book Human Rights in the War on Terror written by Richard Wilson and published by Cambridge University Press. This book was released on 2005-10-03 with total page 376 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book reviews the war on terror since 9/11 from a human rights perspective.