The rich legal literature that has grown up to assess the constitutionality of bulk communications collection by the government has focused overwhelmingly—and understandably—on the challenge such programs pose to particular claims of individual right against the state, yet attempting to describe what seems troubling about bulk collection in terms of individual rights alone has significant… Continue reading Before Privacy, Power: The Structural Constitution & the Challenge of Mass Surveillance
Tag: Latest Issue
This tag is for the front page slider. Articles from the most recent issue get both issue “category” and “latest issue” tag.
Understanding Cyber Collateral Damage
In this article, Sasha Romanosky and Zachary Goldman address the problem of how to define “collateral damage” in the cyber realm. Arguing that unintended effects on data alone can constitute collateral damage, Romanosky and Goldman propose ways for the US military and law enforcement to conceptualize and estimate collateral damage in the context of cyber operations. Understanding… Continue reading Understanding Cyber Collateral Damage
Proxy War Ethics
In this article, Anthony Pfaff discusses what ethical norms should govern proxy war and the relationships that sustain them; the way the existence of a benefactor-proxy relationship complicates the application of traditional jus ad bellum criteria; and the additional moral problems caused by the way proxy wars shift risk away from benefactors. He concludes by… Continue reading Proxy War Ethics