Category Archives: Vol. 12 No. 2

FARA in Focus: What Can Russia’s Foreign Agent Law Tell Us About America’s?

In 2012, Russia passed its first-ever Foreign Agent Law, which western analysts described as an attempt to stymie civil society. Russia argued that it modeled its Law after the American Foreign Agents Registration Act (FARA).

Samuel Rebo describes how on their face the laws seem similar, while their implementation has differed. While Russia has actively used its Law, the US launched only a single criminal FARA prosecution from 1990 to 2010. However, since Russian interference in the 2016 US presidential election, DOJ prosecutors have brought more FARA cases (2016-2019) than they had in the past 50 years combined.

Comparing FARA to its Russian counterpart, Rebo notes that the Russian law contains significantly more substantive limitations on the functioning of “foreign agents” than does FARA. However, both laws are broad and can sweep in legitimate civil society groups. Thus, DOJ discretion is the main barrier stopping America from replicating Russia. Rebo argues that, given the First Amendment rights at stake, this reliance on the DOJ is insufficient, and Congress should amend FARA to narrow its breath and clarify its scope.

Rethinking U.S. Efforts on Counterterrorism: Toward a Sustainable Plan Two Decades After 9/11

The development of a counterterrorism enterprise after Sept. 11, 2001, has seen over the course of nearly 20 years both tactical successes and strategic obstacles.

Matthew Levitt frames this overview of counterterrorism policy by observing that the current focus on Great Power and near power competition as US national security priorities reflects the success of Washington’s investment in counterterrorism and homeland security. However, the current environment of growing partisan polarization also reflects the need to rationalize US investment in counterterrorism and adopt a more sustainable posture on the counterterrorism mission.

By building on the role of counterterrorism within interstate conflict, observing the importance of an investment in alliances and partnerships, and assessing the budgeting for counterterrorism programs, Levitt builds a foundation to support his concluding strategic recommendations for a review and reorientation of US counterterrorism.