Geospatial Intelligence (GEOINT) provides legal value in presenting historical and existing facts to judicial bodies in their efforts to achieve the peaceful use of the seas, consistent with the United Nations Convention on the Law of the Sea (UNCLOS). The 2016 South China Sea Arbitration highlighted the value of GEOINT and demonstrates how GEOINT will be important in promoting a rules-based order in the maritime domain.
Rock or Island: It Was an UNCLOS Call
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.”
A Review of “The Future of Foreign Intelligence: Privacy and Surveillance in a Digital Age” by Laura K. Donohue
Ariel Lieberman outlines the evolution, content, and goals of modern terrorist propaganda on the Internet, and presents a three-pronged approach for challenging such propaganda using a combination of criminal prosecution, removal of terrorist propaganda from social media platforms, and an active counter-propaganda campaign to discredit and undermine terrorist groups.
David Kris examines recent developments in foreign intelligence surveillance, including the impact of the Snowden leaks and the rise of the Islamic State of Iraq and the Levant on public and political attitudes towards electronic surveillance. In light of these developments, Kris presents several issues that he expects will surface as the 2017 expiration date of the Foreign Intelligence Surveillance Act (FISA) Amendments Act (FAA) draws near. He also addresses the longer-term impacts that other political and technological developments will have on foreign surveillance.
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 finds useful only for select categories of leaks.