LESSONS FOR THE NEXT TWENTY YEARS: WHAT WE’VE LEARNED IN THE TWO DECADES SINCE 9/11
A Note from Editor-in-Chief William C. Banks
By any measure the terrorist attacks on the World Trade Center and the Pentagon on September 11, 2001 brought an immediate laser focus to the phenomenon of international terrorism.
Though hardly new to the United States and the world in 2001, the 9/11 attacks instantaneously elevated countering international terrorism to the dominant national security imperative at home and abroad.
Questions were legion: Should we have known the attacks were coming? What could we have done to prevent them? What lessons learned will help forestall the next attack? What are the best options for countering international terrorism?
Twenty years later many lessons have been learned, even as we continue to struggle with the ever changing dynamics of global terrorism. JNSLP is honored to publish this Special Edition, “Lessons Learned for the Next Twenty Years: What We’ve Learned in the Two Decades Since 9/11.”
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.
The United States does not view outer space as a global commons, according to Executive Order (EO) 13914 issued by President Donald Trump on April 6, 2020. This policy declaration will be welcomed by some, lamented by others, and surely many more will simply find it confusing—an intriguing range of reactions for a seemingly simple term to generate.
John S. Goehring’s article examines the role that notions of the global commons play in U.S. policy on the recovery and use of space resources. It argues the term “global commons” has more than one legitimate meaning, and, in failing to account for this complexity, the EO complicates, rather than simplifies, productive discourse not only about the space domain but also about other domains.