Outsourcing intelligence, while not a recent phenomenon, has become more commonplace in the face of increased operations and fiscal pressure since the terror attacks of Sept. 11, 2001. While outsourcing has many benefits, it also brings certain general difficulties. As outsourcing decisions continue, it is critical that lawmakers understand the policy and legal implications of such choices.
Joel Brenner presents his critique of Professor Laura Donohue’s The Future of Foreign Intelligence, and its “full-throated denunciation of the entire legal framework regulating the government’s collection of data about American citizens and permanent residents.” He discusses her findings in detail, and in the end, finds that they both agree on a number of specific proposals, and “disagree profoundly on FISA’s rationale and constitutional limitations.”
Major Ryan Krebsbach argues that the US Department of Defense Law of War Manual appropriately balances the need to protect civilians against the necessity of ensuring that individuals do not use the law of armed conflict to escape being lawfully targeted despite their material support for non-State armed forces. In contrast to the narrower definition used by the International Committee of the Red Cross of when a civilian loses immunity from lawful attack, the DoD Law of War Manual reduces the likelihood of unreasonably benefiting and encouraging unlawful belligerency.