Georgetown Security Law Brief

Scholarship: Special issue of the Journal of National Security Law & Policy released

01/30/12: The Journal of National Security Law & Policy (JNSLP) is pleased to announce the publication of its special issue, Vol. 5:2, examining “Shadow Wars.” Articles examine the law and policy regarding US  paramilitary operations, including use of drones, payment of contractors to spy, and training of local operatives to chase terrorists in what The New York Times has described as a “shadow war against Al Qaeda and its allies.”

Opinion: With its deadly drones, the US is fighting a coward's war

01/30/12: The Guardian features an opinion piece by George Monboit. He argues that if, as the US air force says, a drone’s missiles are less likely to kill civilians than those launched from a piloted plane, it must also be true that such easier and less risky deployments are more frequent.  Monboit notes that this danger is acknowledged in a remarkably candid assessment published by the UK's Ministry of Defence, which maintains that the undeclared air war in Pakistan and Yemen "is totally a function of the existence of an unmanned capability – it is unlikely a similar scale of force would be used if this capability were not available."

Clinton to attend UN meeting on Syria

01/30/12: The Washington Post reports that Secretary of State Hillary Rodham Clinton on Monday condemned “in the strongest possible terms” the escalation of Syrian government attacks on opposition protesters, and said she would attend a UN Security Council meeting on the subject Tuesday. The Security Council is due to discuss a proposal by the Arab League that calls for Syrian President Bashar al-Assad to step aside during a political transition, a plan similar to the Arab-backed initiative that eased Yemeni President Ali Abdullah Saleh from power.

Afghan officials, Taliban may hold talks in Saudi Arabia

01/30/12: CNN reports that the Afghan government plans to hold talks with Taliban representatives in Saudi Arabia in the coming weeks, in a move that threatens to cloud already delicate and fragile steps to negotiate an end to the United States' longest war. An anonymous senior official said the plans were at such an early stage that it was not clear who -- including American officials -- would attend or when any talks would be held. The US has acknowledged that it has held discussions about opening a Taliban office in Doha, Qatar, as well as the possibility of transferring some Taliban prisoners held at Guantanamo Bay as part of American support for Afghan reconciliation efforts.

FDA surveillance lawsuit raises complex issues

01/30/12: The Washington Post reports that the lawsuit that six Food and Drug Administration employees filed last week alleging improper monitoring of their personal e-mail is the latest in a series of efforts to test the scope of the government’s authority to track the digital activity of its employees. Privacy experts say the courts can expect a surge of similar cases as the lines between home and work increasingly blur in the federal workplace and beyond. Many say court guidance is needed to help federal agencies and employees navigate a complex area of the law.

North Korea's young leader gets rock star treatment

01/30/12: The Boston Globe reports that North Korea's young new leader gets rock star treatment when he visits his troops -- just as his father did. But while the late Kim Jong Il mostly stayed aloof in dark shades, his son holds hands and hugs his soldiers. Kim Jong Un seems to want to bond with his country's people. The style harkens back to Kim Il Sung, his grandfather and revered founder of the country and ruling dynasty, and may reflect an attempt to turn a corner on the periods of hardship and famine under Kim Jong Il, analysts say. Kim Il Sung's image as a daring young general fighting Japanese colonial troops is powerfully engraved in the minds of North Koreans.

US tries to steady oil-rich but restive Nigeria

01/30/12: The Washington Times reports that US officials are monitoring developments in Nigeria, where massive protests and a series of bombings by a shadowy Islamist group have rocked the West African nation, a key US oil supplier. Concerns about the security situation facing President Goodluck Jonathan mounted after a series of coordinated suicide car bombings targeted police stations in the northern city of Kano this month. State Department officials and regional analysts are downplaying the likelihood that the violence will interrupt crude oil exports.

Pakistan yet to decide on charges against doctor in bin Laden raid

01/30/12: CNN reports that Pakistan has not yet decided whether to try a Pakistani doctor for high treason for assisting the US in gathering intelligence ahead of the raid on Osama bin Laden's compound, a senior Pakistani government official said Monday. "It's the federal government who will decide whether to try the doctor for high treason or not." "At this stage, the decision hasn't been taken to try the doctor." After the raid, Pakistani officials took into custody several people who are suspected of helping the CIA. The doctor was one of them. Since then, the US has asked for the doctor's release and did so again Sunday.

Syria says terrorists blew up gas pipeline

01/30/12: CBC News reports that an "armed terrorist group" in Syria blew up a gas pipeline at dawn Monday, the state-run media said, as activists reported gunfire and explosions in the suburbs of Damascus. The pipeline carries gas from the central province of Homs to an area near the border with Lebanon. SANA news agency reported that the blast happened in Tal Hosh, which is about eight kilometres from Talkalakh, along the border with Lebanon. There have been several pipeline attacks since the Syrian uprising began in mid-March, but it is not clear who is behind them.

NATO allies grapple with shrinking defense budgets

01/30/12: The Washington Post reports that NATO allies are confronting a sustained weakening of the military alliance as ailing economies are forcing nearly all members, including the United States, to accelerate cuts to their defense budgets at the same time.The Pentagon’s recent decision to eliminate two of the Army's four brigades in Europe is the latest blow to NATO’s military capabilities. It extends a year of grim announcements from members of the alliance that they can no longer afford their security commitments and that a long period of austerity is in the offing.

Ex-Pakistani envoy to US wins court victory

01/30/12: The Miami Herald reports that Pakistan's former ambassador to the US said Monday that a travel ban imposed on him during the investigation of a controversial memo sent to Washington has been lifted. The decision suggests that a scandal that at one point looked as though it could lead to the downfall of Pakistan's government may be losing steam. Husain Haqqani said in a statement that the court commission investigating what the Pakistani media calls "memogate" removed the ban. The commission could not immediately be reached for comment.

Norway court convicts men in al Qaeda-linked bomb plot

01/30/12: Reuters reports that a Norwegian of Chinese Muslim origin with alleged links to al Qaeda was convicted on Monday of plotting to blow up a Danish newspaper that had printed cartoons of Islam's Prophet Mohammad, and was sentenced to seven years in prison. Mikael Davud, who was accused of leading a bomb plot, had admitted he intended some day to attack Chinese interests like the Chinese embassy in Oslo but he was charged only with plotting to bomb the Danish newspaper. Prosecutors had earlier recommended an 11-year prison sentence for Davud.

US drones patrolling its skies provoke outrage in Iraq

01/30/12: The New York Times reports that a month after the last American troops left Iraq, the State Department is operating a small fleet of surveillance drones here to help protect the US Embassy and consulates, as well as American personnel. Some senior Iraqi officials expressed outrage at the program, saying the unarmed aircraft are an affront to Iraqi sovereignty. The program was described by the department’s diplomatic security branch in a little-noticed section of its most recent annual report and outlined in broad terms in a two-page online prospectus for companies that might bid on a contract to manage the program.

India won't cut back on Iran oil imports

01/30/12: CBS News reports that India will not cut back on oil imports from Iran, its finance minister said, despite stiff new US and European sanctions designed to pressure Tehran over its nuclear program. "It is not possible for India to take any decision to reduce the import from Iran drastically because, after all, the countries which can provide the requirement of the emerging economy, Iran is an important country amongst them." Iran exports 2.5 million barrels of oil per day, about 3 percent of world supplies. About 500,000 barrels go to Europe and most of the rest goes to China, India, Japan and South Korea.

Libya to take control of makeshift prisons

01/30/12: JURIST reports that in response to international criticism the Libya Ministry of Justice announced on Sunday that it will be commandeering "makeshift prisons" around the country to prevent further prisoner torture. Deputy Minister Khalifa Ashour acknowledged that primarily loyalists to former dictator Muammar Gaddafi have been tortured in unregulated prisons. Other detainees are citizens under arrest for murder or drug and alcohol possession. Ashour also stated that the Ministry has taken control of two prisons already, one in Tripoli and one in Misrata. 

TSA rail, subway spot-checks raise privacy issues

01/29/12: CNN reports that at a time when TSA airport searches are unpopular among many air travelers, civil liberties groups say the joint participation of special TSA Visible Intermodal Prevention and Response teams (VIPRS) with local police in "warrantless" searches have been "flying under the radar" in violation of constitutional protections. Transit police say it helps them better guard against attacks like those that have hit Madrid, London and Moscow since 2004. VIPRS are tasked with performing random, unpredictable baggage and security checks at passenger train, subway and bus stations as well as trucking weigh stations across the nation.

Papua New Guinea's mutiny leader arrested

01/29/12: Reuters reports that an army officer who led a military revolt aimed at reinstating Papua New Guinea's ousted prime minister appeared in court on Sunday on mutiny charges, police said. Retired Colonel Yaura Sasa, who led last week's attempt to restore Sir Michael Somare to power, appeared in a court charged under the criminal code with incitement to mutiny following his arrest overnight. Police spotted Sasa by chance at a lodge away from the Taurama barracks, where his supporters have been holed up with weapons since last week's failed mutiny, police media spokesman Superintendant Dominic Kakas said.

Opinion: Privacy, technology and law

01/29/12: The New York Times features an opinion piece by Barry Friedman. Everyday, Friedman contends, those of us who live in the digital world give little bits of ourselves away. On Facebook and LinkedIn. To servers that store our e-mail, Google searches, online banking and shopping records. Does the fact that so many of us live our lives online mean we have given the government wide-open access to all that information? Friedman argues that the Supreme Court’s decision last week in United States v. Jones presents the disturbing possibility that the answer is yes.

Israeli and Palestinian peace talks flounder

01/29/12: The Boston Globe reports that Israeli and Palestinian leaders on Sunday blamed each other for the impasse in newly launched peace efforts, raising doubts about whether the dialogue would continue just weeks after it began. Palestinian President Mahmoud Abbas accused Israel of spoiling the low-level talks, saying it failed to present detailed proposals for borders and security requested by international mediators. Israeli Prime Minister Benjamin Netanyahu said the Palestinians "refused to even discuss" Israeli security needs.

Counter-terrorism chemical labs test for synthetic pot

01/29/12: The Los Angeles Times reports that Jeffery H. Moran, chief of the counter-terrorism laboratory at the Arkansas Department of Health — one of 62 such federally funded labs in the country — has been armed with $2 million worth of new equipment. Recently, Moran has given his staff a new task — helping police in half a dozen states identify "Spice," a chemical substance that produces a marijuana-like high and has sent hundreds of users to emergency rooms. Using a counter-terrorism lab to test for synthetic marijuana is the latest sign of how a multibillion-dollar national infrastructure built to detect or respond to chemical or biological attacks over the last decade has adapted to the lack of any actual attacks.

Private snoops find GPS legal trail to follow

01/29/12: The New York Times reports that tens of thousands of Americans are tracking cars with little oversight, for purposes as seemingly benign as tracking an elderly parent with dementia or a risky teenage driver, or as legally and ethically charged as spying on a spouse or an employee — or for outright criminal stalking. Last Monday’s Supreme Court decision held that law enforcement placement of a GPS tracker on a vehicle constitutes a search under the Fourth Amendment. But sales of GPS trackers to employers and individuals, for a multitude of largely unregulated uses, are growing fast, raising new questions about privacy and a legal system that has not kept pace with technology.

UN nuclear team arrives in Iran seeking answers over alleged weapons program

01/29/12: The Minneapolis Star Tribune reports that UN nuclear inspectors began a critical mission to Iran on Sunday to probe allegations of a secret atomic weapons program amid escalating Western economic pressures and warnings about safeguarding Gulf oil shipments from possible Iranian blockades. The findings from the three-day visit could greatly influence the direction and urgency of US-led efforts to rein in Iran's ability to enrich uranium — which Washington and allies fear could eventually produce weapons-grade material.

Slow FOIA request responses cloud a window into Washington

01/29/12: The New York Times reports that the intent of the Freedom of Information Act (FOIA) was to provide citizens, scholars and journalists a window into the workings of their government, but sometimes it seems as though the shades are drawn. According to the act, federal agencies are supposed to promptly release documents requested by the public. In the dialect of Washington, it can be a noun or a verb. But the FOIA process is seldom prompt. The courts have ruled that government agencies must respond to FOIA requests in 20 days. But some requests are approaching 20 years old.

Russia backs Assad, last friend in Arab world

01/29/12: The Albany Democrat Herald reports that Russia's defiance of international efforts to end Syrian President Bashar Assad's crackdown on protests is rooted in a calculation that it can keep a Mideast presence by propping up its last remaining ally in the region and has nothing to lose if it fails. The Kremlin has put itself in conflict with the West as it shields Assad's regime from United Nations sanctions and continues to provide it with weapons even as others impose arms embargoes.

Israel proposes West Bank barrier as border

01/28/12: The Seattle Post Intelligencer reports that Israel is proposing to essentially turn its West Bank separation barrier into the border with a future state of Palestine, two Palestinian officials said Friday, based on their interpretation of principles Israel presented in talks this week. The officials said Israel wants to keep east Jerusalem and consolidate Jewish settlements behind the separation barrier, which slices close to 10 percent off the West Bank.

France, Karzai want faster NATO Afghanistan exit

01/28/12: The Boston Globe reports that France and Afghanistan agree NATO should speed up by a year its timetable for handing all combat operations to Afghan forces in 2013, President Nicolas Sarkozy said Friday, raising new questions about the unity of the Western military alliance. Sarkozy also announced a faster-track exit for France, the fourth-largest contributor of troops in Afghanistan -- marking a distinct break from previous plans to adhere to the US goal of withdrawing combat forces by the end of 2014.

Libya torture causing prisoner deaths

01/28/12: Jurist reports that Amnesty International has released information concerning the recent deaths of several Libyan detainees who were apparently tortured while in custody. The deaths come amid allegations of widespread torture and ill-treatment of detainees accused of being pro-Gaddafi loyalists and fighters during the Libyan conflict last year. The organization reports that both official military and security entities as well as the multitude of unrecognized armed militias are responsible for the torture and subsequent deaths.

Vatican rewrites anti-money laundering, terror finance law

01/28/12: The Washington Post reports that the Vatican has rewritten its 2010 anti-money laundering law after European inspectors found that it didn’t fully meet their tough standards to combat the financing of terrorism. The new law requires the Vatican to create a list of terror organizations based on those issued by the United Nations and requires the Vatican enter into agreements with other countries to share financial information.

Justice Department turns over documents to Congress concerning Operation Fast and Furious

01/28/12: The Columbus Telegram reports that newly released Justice Department emails sent to Capitol Hill for a congressional inquiry into a gun-smuggling operation indicate that the head of the department's criminal division suggested letting some illicit "straw" weapons buyers in the US transport their guns across the border into Mexico where they could be arrested. According to the emails turned over to the House Oversight and Government Reform Committee on Friday night, the Justice official, Lanny Breuer, made the suggestion to Mexican officials because it "may send a strong message to arms traffickers."

Legal limbo for captured pirates

01/28/12: The New York Times reports that the many navies involved in counterpiracy patrols off Africa’s northeastern shore have learned the pirates’ habits and sharpened interdiction efforts. Hijackings have declined sharply in the past year. But where interdiction ends, an enduring problem begins: what to do with the pirates that foreign ships detain?  Vessels from several navies collaborating on counterpiracy are holding a total of 71 captured pirates, but no system has been developed for prosecuting their cases.

US transfers security control to Afghans in Jalalabad

01/28/12: The New York Times reports on the latest transfer of power from NATO forces to Afghan authority in the city of Jalalabad and four districts in eastern Afghanistan. As in other areas that have transferred authority, American forces will remain in the region to provide support but, from now on, the Afghan Army is to be in charge. So far, about 20 such ceremonies have taken place across the country, part of the unfolding plan for all NATO combat troops to leave Afghanistan by the end of 2014.

Commentary: North Korea succession offers US opportunity

01/28/12: The San Francisco Chronicle features an opinion piece by Joel Brinkley concerning the succession of Kim Jong Un. Brinkley contends that North Korea’s elite has its own goals in mind when it presents him as a militant god-like leader. Brinkley argues that even in his first few days in office, Kim has offered indications that he may not preside over business as usual. North Korea did not go through with a predicted unprovoked attack on South Korea, and announced it would release prisoners, the first general amnesty in seven years. And then, for the first time, it agreed to allow a Western news agency, the Associated Press, to open an office in Pyongyang.

US cybersecurity efforts trigger privacy concerns

01/27/12: The Washington Times reports that the federal government’s plan to expand computer security protections into critical parts of private industry is raising concerns that the move will threaten Americans’ civil liberties. In a report for release Friday, The Constitution Project warns that as the Obama administration partners more with the energy, financial, communications and health care industries to monitor and protect networks, sensitive personal information of people who work for or communicate with those companies could be improperly or inadvertently disclosed.

CIA officer to leave NYPD in April

01/27/12: The Atlanta Journal Constitution reports that New York Police Commissioner Raymond Kelly says the CIA officer working as an assistant to the department's top intelligence officer will leave in April after nine months. The Associated Press reported Thursday that the officer's assignment was being cut short. On Friday, Kelly said the department was notified in November of when the officer would leave. The CIA's inspector general earlier cleared the agency of any wrongdoing in its relationship with the NYPD but criticized how the collaboration was established.

Irish may try IRA veteran over North Korean scam

01/27/12: The Omaha World Herald reports that an Irish Republican Army veteran long accused of laundering counterfeit US $100 bills on behalf of North Korea could face trial in Ireland. High Court Justice John Edwards said he has forwarded an evidence file to state prosecutors against Sean Garland, 76, who denies smuggling more than $250,000 worth of fake American banknotes from the North Korean embassy in Moscow in 1998. Edwards issued his follow-up statement one month after he rejected a 6-year-old US extradition warrant for Garland.

Justice Department takes on itself in probe of 2001 anthrax attacks

01/27/12: The Washington Post reports that since it began a decade ago, the federal government’s massive investigation of the 2001 anthrax attacks has been plagued by missteps and complications. Investigators initially focused on the wrong man, then had to pay him a nearly $6 million settlement. In 2008, they accused another man, Bruce E. Ivins, who killed himself before he could go to trial. Now, in the latest twist, the government has argued Ivins was likely not the anthrax killer.

Egypt bans travel for US official’s son, 9 others, amid crackdown on human rights groups

01/27/12: The Washington Times reports that Egypt is preventing at least 10 Americans and Europeans from leaving the country, including the son of US Transportation Secretary Ray LaHood, raising tensions with Washington over a campaign by Egypt's military against groups promoting democracy and human rights. The United States warned Thursday that the campaign raised concerns about Egypt’s transition to democracy and could jeopardize American aid that Egypt’s battered economy needs badly after a year of unrest.

Defense budget plan would cut spending by half a trillion

01/27/12: The Los Angeles Times reports that the Pentagon has released a budget blueprint that cuts projected military spending by nearly half a trillion dollars, yet still calls for increasing the base defense budget in all but one of the next five years. The proposal meets both goals because spending on the wars in Afghanistan and Iraq is dropping sharply, allowing the base budget — the annual cost of paying troops and buying planes, ships and tanks — to increase modestly, even while complying with last year's bipartisan deal in Congress to reduce the deficit.

Israel says Iran 'drifting' toward nuke goal line

01/27/12: The Charlotte Observer reports that Israeli Defense Minister Ehud Barak said Friday the world must quickly stop Iran from reaching the point where even a "surgical" military strike could not block it from obtaining nuclear weapons. Amid fears that Israel is nearing a decision to attack Iran's nuclear program, Barak said tougher international sanctions are needed against Tehran's oil and banks so that "we all will know early enough whether the Iranians are ready to give up their nuclear weapons program."

Maryland man pleads guilty to plotting attack on military recruiting center

01/27/12: The Investigative Project on Terrorism reports that a Maryland man pleaded guilty Thursday to attempting to blow up an Army recruiting center near Baltimore. Antonio Martinez, a Muslim convert who also goes by Muhammad Hussain, was arrested on December 8, 2010, in an FBI sting after he tried to detonate a car bomb at the Armed Forces recruiting station in Catonsville, Maryland. The bomb, supplied by federal agents, was inert.

Search for nuclear waste dump could last up to 20 years

01/27/12: CNN reports that three years after the Obama administration killed controversial plans to store the nation's nuclear waste permanently at Yucca Mountain in Nevada, a presidential commission has declared that the nation needs to adopt a "consent-based approach" to position disposal facilities, gaining the approval of any community before moving forward with future sites. Such an approach -- which may include "substantial incentives" for a community, if necessary -- would be frustratingly slow, the commission conceded, suggesting it could take five to 10 years to find a temporary nuclear storage site and 15 to 20 years to identify a permanent one.

Shot-up image of president draws a Secret Service inquiry

01/27/12: The New York Times reports that the Secret Service says it is looking into a photograph posted on the Internet that showed a group of young Arizona men posing in the desert with guns while holding up what appeared to be a bullet-riddled image of President Obama’s face. The photograph showed seven casually dressed young men, four of whom clutched weapons and one of whom held up a T-shirt covered with small holes and gashes and bearing a likeness of Mr. Obama above the word “HOPE.” The weapons held aloft appeared to be a revolver, a bolt-action rifle and two assault rifles.

Mexico increases swine flu screening as cases increase

01/27/12: ABC News reports that three years after swine flu closed Mexico City and caused an international scare, the Mexican government and local media are at odds over the severity of this season's flu virus. Newspapers are warning of an alarming increase in cases while the government insists there is no cause for alarm. Federal and state health officials agree there is an increase, but they say the number of cases is within the range of a normal flu season. The Mexican health ministry, however, has listed confusing numbers on its website and refuses to respond to inquiries as to the specific rise in cases.

DOJ defends keeping Bin Laden death photos secret

01/27/12: The Blog of Legal Times reports that the US Justice Department has asked a federal judge to keep secret photos showing the death of Osama bin Laden, saying the images are classified because of their potential to incite violence against the United States. The department filed court papers this week in a FOIA suit in Washington asking US District Judge James Boasberg to keep the photos out of the public domain. The DOJ asserts the photos reveal specific military and intelligence activities, methods and techniques.

Accused Pentagon shooter Melaku pleads guilty

01/27/12: The San Francisco Chronicle reports that an ex-Marine from Virginia pleaded guilty Thursday and has agreed to serve a 25-year prison sentence on charges that he fired a series of overnight pot shots in 2010 at the Pentagon, the Marine Corps museum in Quantico and other military targets as part of what prosecutors called a campaign to strike fear throughout the region. Prosecutors revealed that Yonathan Melaku’s intended next target was Arlington National Cemetery, where he was arrested before he was able to carry out a plan to deface gravestones there.

Commentary: The innate tension between efficiency and resilience in supply chains

01/27/12: Homeland Security Watch features commentary by Philip J. Palin concerning the administration’s new National Strategy for Global Supply Chain Security. Palin contends this is an easy issue to underestimate. Like the plumbing in your house, it tends not to be at the forefront until something goes wrong: leaking, freezing, breaking, bursting, or when the well goes dry. He shares his brief quick take on context and potential implications of the new strategy.

Big Brother will be watching US intelligence world

01/26/12: The Denver Post reports that the top US intelligence official declared Thursday that it will take roughly five years to put in place new measures to stop another WikiLeaks-style exposure of classified information.  Director of National Intelligence Jim Clapper said officials are working to "tag" information to be able to track back to which intelligence staffers shared it—something prosecutors could have used to help prove allegations that Bradley Manning copied thousands of war-related records that were leaked to the website Wikileaks.

Iraq will take legal action over US raid

01/26/12: The Ithaca Journal reports that Iraq will take legal action to ensure justice for the families of 24 unarmed Iraqi civilians killed in a US raid in Haditha seven years ago, a government spokesman said Thursday, after the lone US Marine convicted in the killings reached a deal to escape jail time. Residents in Haditha, a former Sunni insurgent stronghold of about 85,000 people along the Euphrates River valley some 140 miles northwest of Baghdad, have expressed outrage at the American military justice system for allowing Staff Sergeant Frank Wultrich to avoid prison.

Security contractors see opportunities, and limits, in Mexico

01/26/12: The Washington Post reports that with the Iraq war over and the American presence waning in Afghanistan, US security contractors are looking for new prospects in Mexico, where spreading criminal violence has created a growing demand for battle-ready professionals. However, Mexico’s restrictive gun laws mean that foreign contractors must enter the bloody drug war unarmed as they take jobs ranging from consulting and technical training for the Mexican military to guarding business executives from kidnapping gangs and extortionists.

The Philippines negotiates broader military ties with the US

01/26/12: The New York Times reports that Philippine foreign affairs and defense officials are visiting Washington to negotiate an expansion of the American military presence in the country, a senior defense official in Manila said Thursday. “They are thrashing out the details,” the official, Peter Galvez, acting chief of staff to the secretary of national defense, said by telephone. The discussions will be followed by higher-level discussions in March, Mr. Galvez said.