A New Paradigm of Classified Disclosures

A New Paradigm of Classified Disclosures

George Ellard, the National Security Agency’s Inspector General, provides his insight into the true damage caused by the Snowden disclosures, with comparisons to both recent and distant past leaks.

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Can Technology Prevent Leaks?

Can Technology Prevent Leaks?

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 […]

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

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

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

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

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

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.

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

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

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 […]

Assessing the Leakers: Criminals or Heroes?

Assessing the Leakers: Criminals or Heroes?

David Cole, expanding on his recent piece in The New York Review of Books, considers the perpetrators of the major intelligence leaks currently dominating the headlines: Edward Snowden, Bradley (now Chelsea) Manning, and Julian Assange. Cole reviews the actions and avowed motivations of these individuals—noting their similarities and differences—while subjecting each situation to legal analysis. […]