Covert War and the Constitution: A Response

Words are imperfect instruments for conveying ideas, and interpreting the intended meaning of words is often a challenge, especially when more than two centuries have passed since the words were written and their meanings have evolved over the years. For example, the terms “executive power” and “declare war” had widely understood meanings when the Constitution was written.

Spies Without Borders: International Law and Intelligence Collection

To the surprise of many, it turns out that Canada’s chief security intelligence agency – the Canadian Security Intelligence Service (CSIS) –may not legally collect covert intelligence abroad. That is at least one interpretation of a Canadian Federal Court decision issued in October 2007, but only released publicly in 2008. At issue was whether the… Continue reading Spies Without Borders: International Law and Intelligence Collection

The International Standardization of National Security Law

Seen from the great height of global comparison, the number of new anti-terrorism laws that criminalize terrorism, block terrorism financing, develop new international monitoring mechanisms to spot terrorists, and increase vigilance about the international movements of persons is extraordinary. Up close, however, widespread compliance [with the Security Council Resolution 1373 framework] looks less like a tightly coordinated strategy than diverse variations on a theme.