Examining the Anomalies, Explaining the Value: Should the USA FREEDOM Act’s Metadata Program be Extended? by Susan Landau & Asaf Lubin Edward Snowden’s disclosure of National Security Agency (“NSA”) bulk collection of communications metadata was a highly disturbing shock to the American public. The intelligence community was surprised by the response, as it had largely […]
First Amendment Sentence Mitigation: Beyond a Public Accountability Defense for Whistleblowers by Mailyn Fidler Public accountability defenses for whistleblowers who reveal national security information to the media or the public have largely failed. Courts have rejected such arguments and Congress has not provided a statutory defense. This Article argues that the appropriate place to consider […]
A Comparative Study of Domestic Laws Constraining Private Sector Active Defense Measures in Cyberspace by Brian Corcoran The U.S. private sector is vulnerable in cyberspace. In response, an increasingly mainstream national security argument calls for amending U.S. law to permit private sector actors to employ so-called “active defense” measures—a group of loosely-defined technical measures that […]
Issue 2 Totemic Functionalism in Foreign Affairs Law by Elad D. Gil In many Western democracies, and particularly in the United States, foreign affairs are primarily an executive enterprise. Owing to the executive’s relative institutional advantages over the legislature and the judiciary—in expertise, knowledge, speed, unitary structure, and democratic accountability—courts afford the President considerable deference […]
Volume 10, Issue 1 of the Harvard National Security Journal is now available.
Volume 9, Issue 2 of the Harvard National Security Journal is now available.