Tag Archives: National Security

History Repeats Itself: The 60-Day Cyberspace Policy Review in Context

On February 9, 2009, President Obama gave his National Security and Homeland Security Advisors 60 days to conduct a Cyberspace Policy Review.1 The stated purpose of this “60-Day Review” was to provide a comprehensive assessment of U.S. policies for cybersecurity.2 According to a White House press release, the review would “develop a strategic framework to ensure that U.S. Government cyber security initiatives are appropriately integrated, resourced and coordinated with Congress and the private sector.”3

The 60-Day Review was an ambitious project and, in the end, took more than 60 days to complete.4 When the final report was issued on May 29, 2009, it offered a careful assessment of the current situation and a broad vision of what the United States must accomplish to secure our digital future. This vision, however, was not fundamentally different from previous iterations of cybersecurity strategy that the U.S. government has issued over the past 12 years.

The 60-Day Review undoubtedly represents a critical step toward addressing the many challenges the United States faces in working to secure its public and private information systems. However, it is important to place this document in proper context and understand what it accomplishes and what business it leaves unfinished. Before much progress can be made in improving cybersecurity, there are some tough policy decisions that have to be made.

The 60-Day Review does not take on many of those decisions. Rather, it provides an accurate and troubling picture of what the country is up against. It offers a glimpse of the daunting but important tasks of trying to harmonize the cybersecurity programs within government, establishing an effective partnership with the private sector, and developing strong relationships with other nations to combat cyber crime. It recommends…

 

Preventive Detention and Preventive Warfare: U.S. National Security Policies Obama Should Abandon

At the January 2009 Association of American Law Schools’ Section on National Security Law panel discussion, I and others urged the incoming Obama administration to make a clear and decisive break with the Bush administration’s national security policies. Six months later, the new Administration has not done so. Rather, it has acted in a contradictory manner: boldly asserting in its first days that it would ban torture and close Guantánamo, but in practice continuing many of the Bush antiterrorism policies. President Obama’s major speech on Guantánamo and other national security issues reiterated his desire to close Guantánamo, but also argued that the United States could hold detainees in custody indefinitely without trial or try them by military commissions. The Administration has adopted the Bush administration position that detainees held in U.S. custody in Afghanistan indefinitely have no right to seek habeas corpus in U.S. courts. It has also continued to assert the state secrets privilege to attempt to block lawsuits seeking accountability for extraordinary rendition and torture.

National Security Reform for the Twenty-First Century: A New National Security Act and Reflections on Legislation’s Role in Organizational Change

National security threats in the twenty-first century, such as terrorism, proliferation, failing states, and climate change, are fast, dynamic, and complex. Meeting them successfully requires a capacity to integrate all instruments of U.S. national power – diplomacy, military force, intelligence, law enforcement, foreign aid, homeland security, education, transportation, and health and human services – into a single system supporting a common mission.