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This book focuses on the law involved with national security and defense.
The United States faces the realistic and indefinite threat of terrorist attack with nuclear weapons. Whether the United States is successful in preventing such an attack will depend on whether we effectively wield the instruments of security. It will also depend on whether we effectively manage national security processes and apply the law in a manner that both enhances security and upholds our core values. As a result, lawyers, not just presidents, generals, and spies, will decide the outcome of this conflict. This book, first published in 2007, is essential for anyone wanting an understanding of national security law and process. The book includes chapters on constitutional law, the use of force, and homeland security, presented in the context of today's threats and as applied to issues like rendition and electronic surveillance.
Assessing the legal and practical questions posed by the use of artificial intelligence in national security matters The increasing use of artificial intelligence poses challenges and opportunities for nearly all aspects of society, including the military and other elements of the national security establishment. This book addresses how national security law can and should be applied to artificial intelligence, which enables a wide range of decisions and actions not contemplated by current law. James Baker, an expert in national security law and process, adopts a realistic approach in assessing how the law—even when not directly addressing artificial intelligence—can be used, or even misused, to regulate this new technology. His new book covers, among other topics, national security process, constitutional law, the law of armed conflict, arms control, and academic and corporate ethics. With his own background as a judge, he examines potential points of contention and litigation in an area where the law is still evolving and might not yet provide clear and certain answers. The Centaur's Dilemma also analyzes potential risks associated with the use of artificial intelligence in the realm of national security—including the challenges of machine-human interface, operating (or not operating) the national-security decision-making process at machine speed, and the perils of a technology arms race. Written in plain English, The Centaur's Dilemma will help guide policymakers, lawyers, and technology experts as they deal with the many legal questions that will arise when using artificial intelligence to plan and carry out the actions required for the nation's defense.
This two-volume set provides a chronological view of the foreign policy/national security doctrines of key American presidents from Washington to Obama, framed by commentary on the historical context for each, discussions of major themes, and examinations of the lasting impact of these policies. The National Security Doctrines of the American Presidency: How They Shape our Present and Future provides a chronological examination of the foreign policy and national security doctrines of key American presidents from Washington to Obama, covering everything from our missionary zeal and our pursuit of open navigation of the seas, to our involvement in the ongoing political and military conflicts in the Middle East. It addresses the multiple sources behind the doctrines: real, rhetorical, and ideological. Arranged chronologically, each chapter offers commentary on the historical evolution of these doctrines, identifies the major themes, and highlights unique revelations. Ideal for universities, colleges, libraries, academics, classroom teachers, policy makers, and the educated electorate, this two-volume set represents a compendium of national security doctrines that explains how these first doctrines have constrained, restrained, and guided every American president regardless of party, providing comprehensive information that cannot be found in any other single source. Further, the work presents the reader with examples and explanations of precisely how these doctrines from long ago as well as those from recent history directly affect our present and future.
This book explores contemporary civil-military relations in the United States. Much of the canonical literature on civil-military relations was either written during or references the Cold War, while other major research focuses on the post-Cold War era, or the first decade of the twenty-first century. A great deal has changed since then. This book considers the implications for civil-military relations of many of these changes. Specifically, it focuses on factors such as breakdowns in democratic and civil-military norms and conventions; intensifying partisanship and deepening political divisions in American society; as well as new technology and the evolving character of armed conflict. Chapters are organized around the principal actors in civil-military relations, and the book includes sections on the military, civilian leadership, and the public. It explores the roles and obligations of each. The book also examines how changes in contemporary armed conflict influence civil-military relations. Chapters in this section examine the cyber domain, grey zone operations, asymmetric warfare and emerging technology. The book thus brings the study of civil-military relations into the contemporary era, in which new geopolitical realities and the changing character of armed conflict combine with domestic political tensions to test, if not potentially redefine, those relations.
Following up on Donna Starr-Deelen's previous book Presidential Policies on Terrorism: From Ronald Reagan to Barack Obama (Palgrave, 2014), this book compares and contrasts the approach of the Obama administration with the Trump administration regarding national security and counter-terrorism. It provides an overview of counter-terrorism in the Obama era and then moves to the rise of ISIS and the Syrian civil war, ending with an analysis of the new Trump administration's national security policies.
National security intelligence is a vast, complicated, and important topic, made doubly hard for citizens to understand because of the thick veils of secrecy that surround it. This definitive introduction to the field guides readers skillfully through this hidden side of government. It not only explains the three primary missions of intelligence – information collection and analysis, counterintelligence, and covert action – it also explores the wider dilemmas posed by the existence of secret government organizations in 'open' societies. With over thirty-five years of experience studying intelligence agencies and their activities, Loch Johnson illuminates difficult questions such as why intelligence organizations make mistakes in assessing world events; why some intelligence officers decide to work against their own country on behalf of foreign regimes; and how agencies succumb to scandals, including spying on the very citizens they are meant to protect. National Security Intelligence is tailor-made to meet the interests of students and general readers who care about how nations protect themselves against threats through the establishment of intelligence organizations - and how they continue to strive for safeguards to prevent the misuse of this secret power.
"To be well-informed on Homeland Security law this book is a must read." The Honorable Tom Ridge, Chair of Ridge Global, Former Secretary of the U.S. Department of Homeland Security and Former Governor of Pennsylvania --
This volume examines the ethical issues that arise as a result of national security intelligence collection and analysis. Powerful new technologies enable the collection, communication and analysis of national security data on an unprecedented scale. Data collection now plays a central role in intelligence practice, yet this development raises a host of ethical and national security problems, such as privacy; autonomy; threats to national security and democracy by foreign states; and accountability for liberal democracies. This volume provides a comprehensive set of in-depth ethical analyses of these problems by combining contributions from both ethics scholars and intelligence practitioners. It provides the reader with a practical understanding of relevant operations, the issues that they raise and analysis of how responses to these issues can be informed by a commitment to liberal democratic values. This combination of perspectives is crucial in providing an informed appreciation of ethical challenges that is also grounded in the realities of the practice of intelligence. This book will be of great interest to all students of intelligence studies, ethics, security studies, foreign policy and international relations. The Open Access version of this book, available at www.taylorfrancis.com, has been made available under a Creative Commons Attribution-Non Commercial-No Derivatives 4.0 license.
This work examines the philosophical foundations of information ethics and their potential for application to contemporary problems in U.S. foreign intelligence surveillance. Questions concerning the limits of government intrusion on protected Fourth Amendment rights are examined against the backdrop of the post-9/11 period. Changes to U.S. foreign intelligence surveillance law and policy are analyzed by applying the traditional ethical theories commonly used to support or discount these changes, namely utilitarian and contractarian ethical theories. The resulting research combines both theoretical elements, through its use of analytic philosophy, and qualitative research methods, through its use of legislation, court cases, news media, and scholarship surrounding U.S. foreign intelligence surveillance. Using the U.S.A. PATRIOT Act, the Foreign Intelligence Surveillance Act (FISA) and the Terrorist Surveillance Program as case examples, the author develops and applies a normative ethical framework based on a legal proportionality test that can be applied to future cases involving U.S. foreign intelligence surveillance. The proportionality test developed in this research, which is based on a modified version of the Canadian Oakes Test, seeks to balance legitimate concerns about collective security against the rights of the individual. As a new synthesis of utilitarian and contractarian ethical principles, the proportionality test laid out in this book has potential for application beyond U.S. foreign intelligence surveillance. It could act as a guide to future research in other applied areas in information policy research where there is a clear tension between individual civil liberties and the collective good of society. Problems such as passenger screening, racial and ethnic profiling, data mining, and access to information could be examined using the framework developed in this study.