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 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 224 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 Terrorism and the Constitution written by David Cole and published by The New Press. This book was released on 2006 with total page 322 pages. Available in PDF, EPUB and Kindle. Book excerpt: Tracing the history of government intrusions on Constitutional rights in response to threats from abroad, Cole and Dempsey warn that a society in which civil liberties are sacrificed in the name of national security is in fact less secure than one in which they are upheld. A new chapter includes a discussion of domestic spying, preventive detention, the many court challenges to post-9/11 abuses, implementation of the Patriot Act, and efforts to reestablish the checks and balances left behind in the rush to strengthen governmental powers.
Download or read book Terrorism and the Constitution written by David Cole and published by ReadHowYouWant.com. This book was released on 2010-09 with total page 450 pages. Available in PDF, EPUB and Kindle. Book excerpt: Tracing the history of government intrusions on Constitutional rights in response to threats from abroad, Cole and Dempsey warn that a society in which civil liberties are sacrificed in the name of national security is in fact less secure than one in which they are upheld. A new chapter includes a discussion of domestic spying, preventive detention, the many court challenges to post-9/11 abuses, implementation of the PATRIOT ACT, and efforts to reestablish the checks and balances left behind in the rush to strengthen governmental powers.
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 American National Security and Civil Liberties in an Era of Terrorism written by D. Cohen and published by Springer. This book was released on 2004-04-16 with total page 257 pages. Available in PDF, EPUB and Kindle. Book excerpt: In light of the ongoing war against terrorism, can the United States maintain its dedication to protecting civil liberties without compromising security? At stake is nothing less than the survival of ideas associated with the modern period of political philosophy: the freedom of conscience, the inviolable rights of the individual to privacy, the constitutionally limited state, as well as the more recent refinement of late modern liberalism, multiculturalism. Contributors evaluate the need to reassess the nation's public policies, institutions, as well as its very identity. The struggle to persist as an open society in the age of terrorism will be the defining test of democracy in the Twenty-first-century.
Download or read book National Security Civil Liberties and the War on Terror written by M. Katherine B. Darmer and published by Contemporary Issues (Prometheu. This book was released on 2011 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection of thirty-one essays on national security, counter terrorism and civil liberties, examines competing views on the lengths to which personal freedoms and constitutional guarantees may be curtailed in the name of security. Divided into sections covering the history of the current anti-terrorism climate, interrogation practices, immigration and racial profiling, secrecy and surveillance and detention and the constitution, essays address such topics as justifying wartime limits on civil rights and liberties, torture and positive law, the use of "common-sense" profiling and comparative perspectives on the State Secrets Privilege. Most entries have been drawn from previously published works and the volume includes the relevant transcripts of several important court cases and government policy statements and documents. Contributors are influential professors of law from a variety of institutions. Annotation ©2011 Book News, Inc., Portland, OR (booknews.com).
Download or read book National Security and Civil Liberty written by Michael Geary and published by Carolina Academic Press LLC. This book was released on 2023 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Decrypting the Encryption Debate written by National Academies of Sciences, Engineering, and Medicine and published by National Academies Press. This book was released on 2018-06-07 with total page 119 pages. Available in PDF, EPUB and Kindle. Book excerpt: Encryption protects information stored on smartphones, laptops, and other devices - in some cases by default. Encrypted communications are provided by widely used computing devices and services - such as smartphones, laptops, and messaging applications - that are used by hundreds of millions of users. Individuals, organizations, and governments rely on encryption to counter threats from a wide range of actors, including unsophisticated and sophisticated criminals, foreign intelligence agencies, and repressive governments. Encryption on its own does not solve the challenge of providing effective security for data and systems, but it is an important tool. At the same time, encryption is relied on by criminals to avoid investigation and prosecution, including criminals who may unknowingly benefit from default settings as well as those who deliberately use encryption. Thus, encryption complicates law enforcement and intelligence investigations. When communications are encrypted "end-to-end," intercepted messages cannot be understood. When a smartphone is locked and encrypted, the contents cannot be read if the phone is seized by investigators. Decrypting the Encryption Debate reviews how encryption is used, including its applications to cybersecurity; its role in protecting privacy and civil liberties; the needs of law enforcement and the intelligence community for information; technical and policy options for accessing plaintext; and the international landscape. This book describes the context in which decisions about providing authorized government agencies access to the plaintext version of encrypted information would be made and identifies and characterizes possible mechanisms and alternative means of obtaining information.
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 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 Freedom Under Fire written by Michael Linfield and published by South End Press. This book was released on 1990 with total page 312 pages. Available in PDF, EPUB and Kindle. Book excerpt: "The great wars we have fought for the sake of liberty have been accompanied, without exception, by the most draconian assaults on individual rights. This is the theme of Michael Linfield's Freedom Under Fire, and he documents it with examples from every war since the American Revolution."--The Progressive "Linfield demonstrates conclusively, starting with the American Revolution and coming right up to the invasion of Panama, that the Bill of Rights is set aside by the government again and again, for reasons of 'national security.' He performs an important service, reminding us that liberty cannot be entrusted to the Bill of Rights or to the three branches of government, but only can be safeguarded by our own vigilance."--Howard Zinn
Download or read book Civil Liberties Vs National Security in a Post 9 11 World written by M. Katherine B. Darmer and published by Contemporary Issues (Prometheu. This book was released on 2004 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: A timely and balanced debate by leading experts on the trade-offs between national security and civil liberties.
Download or read book On Civil Liberty and Self government written by Francis Lieber and published by . This book was released on 1859 with total page 644 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The War On Our Freedoms written by Richard C. Leone and published by Public Affairs. This book was released on 2003-06-19 with total page 338 pages. Available in PDF, EPUB and Kindle. Book excerpt: Examines the consequences of the war on terrorism through the loss of civil liberties in the name of homeland security.
Download or read book Liberty in the Age of Terror written by A. C. Grayling and published by A&C Black. This book was released on 2010-04-05 with total page 341 pages. Available in PDF, EPUB and Kindle. Book excerpt: An impassioned defence of the civil liberties and the rule of law in the face of increasing pressure for ever greater 'security' 'A rollicking defence of Freedom and Enlightenment in the style of Tom Paine or William Godwin' Spectator 'The even-handed tone of philosophy professor AC Grayling's latest book does not lessen the intensity of its polemical content ... Grayling underlines the seriousness of today's threats to our liberties' Metro "The means of defence against foreign danger historically have become the instruments of tyranny at home." James Madison Our societies, says Anthony Grayling, are under attack not only from the threat of terrorism, but also from our governments' attempts to fight that threat by reducing freedom in our own societies - think the 42-day detention controversy, CCTV surveillance, increasing invasion of privacy, ID Cards, not to mention Abu Ghraib, rendition, Guantanamo... As Grayling says: 'There should be a special place for political irony in the catalogues of human folly. Starting a war 'to promote freedom and democracy' could in certain though rare circumstances be a justified act; but in the case of the Second Gulf War that began in 2003, which involved reacting to criminals hiding in one country (Al Qaeda in Afghanistan or Pakistan) by invading another country (Iraq), one of the main fronts has, dismayingly, been the home front, where the War on Terror takes the form of a War on Civil Liberties in the spurious name of security. To defend 'freedom and democracy', Western governments attack and diminish freedom and democracy in their own country. By this logic, someone will eventually have to invade the US and UK to restore freedom and democracy to them.' In this lucid and timely book Grayling sets out what's at risk, engages with the arguments for and against examining the cases made by Isaiah Berlin and Ronald Dworkin on the one hand, and Roger Scruton and John Gray on the other, and finally proposes a different way to respond that makes defending the civil liberties on which western society is founded the cornerstone for defeating terrorism.
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 244 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).
