An End Run Around the First Amendment: „Libel Tourists‟ Take Aim Overseas
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The BCCI Affair
The BCCI Affair A Report to the Committee on Foreign Relations United States Senate by Senator John Kerry and Senator Hank Brown December 1992 102d Congress 2d Session Senate Print 102-140 This December 1992 document is the penultimate draft of the Senate Foreign Relations Committee report on the BCCI Affair. After it was released by the Committee, Sen. Hank Brown, reportedly acting at the behest of Henry Kissinger, pressed for the deletion of a few passages, particularly in Chapter 20 on "BCCI and Kissinger Associates." As a result, the final hardcopy version of the report, as published by the Government Printing Office, differs slightly from the Committee's softcopy version presented below. - Steven Aftergood Federation of American Scientists This report was originally made available on the website of the Federation of American Scientists. This version was compiled in PDF format by Public Intelligence. Contents EXECUTIVE SUMMARY ................................................................................................................................ 4 INTRODUCTION AND SUMMARY OF INVESTIGATION ............................................................................... 21 THE ORIGIN AND EARLY YEARS OF BCCI .................................................................................................... 25 BCCI'S CRIMINALITY .................................................................................................................................. 49 BCCI'S RELATIONSHIP WITH FOREIGN GOVERNMENTS CENTRAL BANKS, AND INTERNATIONAL -
The Problem of Trans-National Libel, 60 Am
University of Miami Law School University of Miami School of Law Institutional Repository Articles Faculty and Deans 2012 The rP oblem of Trans-National Libel Lili Levi University of Miami School of Law, [email protected] Follow this and additional works at: https://repository.law.miami.edu/fac_articles Part of the Comparative and Foreign Law Commons, First Amendment Commons, and the Jurisdiction Commons Recommended Citation Lili Levi, The Problem of Trans-National Libel, 60 Am. J. Comp. L. 507 (2012). This Article is brought to you for free and open access by the Faculty and Deans at University of Miami School of Law Institutional Repository. It has been accepted for inclusion in Articles by an authorized administrator of University of Miami School of Law Institutional Repository. For more information, please contact [email protected]. LILI LEVI* The Problem of Trans-National Libelt Forum shopping in trans-nationallibel cases-"libel tourism"- has a chilling effect on journalism, academic scholarship,and scien- tific criticism. The United States and Britain (the most popular venue for such cases) have recently attempted to address the issue legisla- tively. In 2010, the United States passed the SPEECH Act, which prohibits recognition and enforcement of libel judgments from juris- dictions applying law less speech-protective than the First Amendment. In Britain, consultation has closed and the Parliamen- tary Joint Committee has issued its report on a broad-ranginglibel reform bill proposed by the Government in March 2011. This Article questions the extent to which the SPEECH Act and the Draft Defama- tion Bill will accomplish their stated aims. -
Financial Flows of Terrorist and Transnational Crime Organizations
Economics of Security Working Paper Series Friedrich Schneider and Raul Caruso The (Hidden) Financial Flows of Terrorist and Transnational Crime Organizations: A Literature Review and Some Preliminary Empirical Results August 2011 Economics of Security Working Paper 52 This publication is an output of EUSECON, a research project supported by the European Commission’s Seventh Framework Programme. Economics of Security is an initiative managed by DIW Berlin Economics of Security Working Paper Series Correct citation: Schneider, F. and R. Caruso (2011). “The (Hidden) Financial Flows of Terrorist and Transnational Crime Organizations: A Literature Review and Some Preliminary Empirical Results”. Economics of Security Working Paper 52, Berlin: Economics of Security. First published in 2011 © Friedrich Schneider and Raul Caruso 2011 ISSN: 1868-0488 For further information, please contact: Economics of Security, c/o Department of International Economics, German Institute for Economic Research (DIW Berlin), Mohrenstr. 58, 10117 Berlin, Germany. Tel: +49 (0)30 89 789-277 Email: [email protected] Website: www.economics-of-security.eu Economics of Security is an initiative managed by DIW Berlin March 2011 Studien/Terrorism/HiddenFinancialFlowsTerroristOrg.doc The (Hidden) Financial Flows of Terrorist and Transnational Crime Organizations: * A Literature Review and Some Preliminary Empirical Results by Friedrich Schneider** and Raul Caruso*** Summary: The financial means of international terror and transnational organized crime organizations are analyzed. First, some short remarks about the organization of international terror organizations are made. Second and in a much more detailed way a literature review is provided about the financing of terrorist and transnational organized crime organizations, their sources and the various methods they use. -
Supplemental Brief on Second Circuit Decision
Case 1:03-md-01570-GBD-FM Document 2140 Filed 10/17/2008 Page 1 of 39 UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF NEW YORK ) IN RE: TERRORIST ATTACKS ON ) Civil Action No. 03 MDL 1570 (GBD) SEPTEMBER 11, 2001 ) ) ) This document relates to: All Actions SUPPLEMENTAL BRIEF ON SECOND CIRCUIT DECISION October 17, 2008 Case 1:03-md-01570-GBD-FM Document 2140 Filed 10/17/2008 Page 2 of 39 TABLE OF CONTENTS TABLE OF AUTHORITIES .......................................................................................................... ii INTRODUCTION AND SUMMARY............................................................................................1 ARGUMENT...................................................................................................................................4 I. THE SECOND CIRCUIT’S DECISION COMPELS DISMISSAL OF ALL OFFICIAL-CAPACITY CLAIMS AGAINST REMAINING FSIA DEFENDANTS ...................................................................................................................4 A. The FSIA Protects Individuals Acting in Their Official Capacity ..........................5 B. The Two Remaining Saudi Entities Are “Agencies or Instrumentalities” of Saudi Arabia...........................................................................6 C. The FSIA’s Torts Exception Does Not Apply Here ................................................9 D. The Commercial Activities Exception to the FSIA Does Not Apply Here.............................................................................................................11 -
Terrorism, Diasporas, and Permissive Threat Environments: a Study Of
NAVAL POSTGRADUATE SCHOOL MONTEREY, CALIFORNIA THESIS TERRORISM, DIASPORAS, AND PERMISSIVE THREAT ENVIRONMENTS. A STUDY OF HIZBALLAH’S FUNDRAISING OPERATIONS IN PARAGUAY AND ECUADOR. by Howard Vincent Meehan December 2004 Thesis Advisor: Jeanne Giraldo Thesis Advisor: Harold Trinkunas Approved for public release; distribution is unlimited. THIS PAGE INTENTIONALLY LEFT BLANK REPORT DOCUMENTATION PAGE Form Approved OMB No. 0704-0188 Public reporting burden for this collection of information is estimated to average 1 hour per response, including the time for reviewing instruction, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding this burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to Washington headquarters Services, Directorate for Information Operations and Reports, 1215 Jefferson Davis Highway, Suite 1204, Arlington, VA 22202-4302, and to the Office of Management and Budget, Paperwork Reduction Project (0704-0188) Washington DC 20503. 1. AGENCY USE ONLY (Leave blank) 2. REPORT DATE 3. REPORT TYPE AND DATES COVERED December 2004 Master’s Thesis 4. TITLE AND SUBTITLE: Terrorism, Diasporas, and Permissive Threat 5. FUNDING NUMBERS Environments. A Study of Hizballah’s Fundraising Operations in Paraguay and Ecuador. 6. AUTHOR(S) Howard Vincent Meehan 7. PERFORMING ORGANIZATION NAME(S) AND ADDRESS(ES) 8. PERFORMING Naval Postgraduate School ORGANIZATION REPORT Monterey, CA 93943-5000 NUMBER 9. SPONSORING /MONITORING AGENCY NAME(S) AND ADDRESS(ES) 10. SPONSORING/MONITORING N/A AGENCY REPORT NUMBER 11. SUPPLEMENTARY NOTES The views expressed in this thesis are those of the author and do not reflect the official policy or position of the Department of Defense or the U.S. -
Hezbollah's Inroads Into The
HEZBOLLAH’S INROADS INTO THE WESTERN Th e American HEMISPHERE Foreign Policy Council Ilan Berman Washington, DC August 2011 No. 4 year after the attacks of September ings in their own geopolitical backyard. 11th, then-Deputy Secretary of State Th e relatively low profi le of Latin America A Richard Armitage, in contextualiz- in our national security policymaking is ing the terrorist threat facing the country, deeply counterintuitive, given the region’s made a telling assessment. “Hezbollah may proximity to the U.S. homeland. It is also be the A-team of terrorists,” Mr. Armitage potentially dangerous, because its politi- told an audience at the United States In- cal environment—marked by large un- stitute of Peace in Washington, DC, “and governed areas and typifi ed by widespread maybe al-Qaida is actually the B-team.”1 anti-American sentiment—has created a Th e description was apt, and remains so. fertile operating environment for a range With a presence in an estimated forty of radical groups, including those from countries on fi ve diff erent continents, the the greater Middle East. According to U.S. Lebanese Shi’ite militia represents one of government estimates, no fewer than six Is- the very few terrorist groups active today lamic terrorist groups (including al-Qaeda that possess a truly global presence and and the Palestinian Hamas movement) are reach. now active in Latin America.3 Th is footprint extends not only to the Hezbollah, however, is far and away greater Middle East and Europe, but to the the most prominent. Its presence in the Western Hemisphere as well.2 Over the past region stretches back to the 1980s, when quarter-century, Hezbollah has devoted operatives—taking advantage of weak re- considerable energy and resources to estab- gional governance and with support from lishing an extensive network of operations Iran—began to expand the organization’s throughout the Americas. -
TIME: 9 A.M. DATE: JAN. 16, 2010 1. Call to Order – Smith 2. Roll Call – Lunsford A. Smith B. Limor C. Ralston D. Albarado
AGENDA THE SOCIETY OF PROFESSIONAL JOURNALISTS EXECUTIVE COMMITTEE TIME: 9 A.M. DATE: JAN. 16, 2010 ALBUQUERQUE, N.M. 1. Call to Order – Smith 2. Roll Call – Lunsford a. Smith c. Ralston e. Lunsford g. Aeikens b. Limor d. Albarado f. McCloskey 3. Report of the SPJ President – Smith 4. Report of the SDX Foundation President – Geimann 5. Staff Report – Skeel [page 1] 6. Approve Executive Committee Meeting Minutes a. June 27, 2009, Minneapolis [page 6] b. Sept. 29, 2009, Conference Call [page 11] c. Nov. 18, 2009, Conference Call [page 12] 7. Discussion Items a. Update on 2010 convention (including sponsorship update) – Vachon b. Update on 2011 convention with RTDNA – Vachon c. Discussion on 2012 convention – Vachon d. Spring Conferences – Smith e. High School journalists as members – Ralston f. Grant/outside funding committee – Skeel g. Updated History Book – Leger h. Harper Memorial event – Skeel i. Annual Report/Star Rankings – Skeel 8. New Business 9. Adjournment AGENDA SOCIETY OF PROFESSIONAL JOURNALISTS BOARD OF DIRECTORS MEETING TIME: 4 P.M. EST – CONFERENCE CALL MARCH 4, 2010 1. Call to Order – Smith 2. Roll Call – Lunsford a. Smith g. Koretzky m. Eckert s. Cooper b. Limor h. Puckey n. Rowell t. Ensslin c. Lunsford i. Seaman o. Steele u. Neuts d. Ralston j. Kopen Katcef p. Hansen v. Cleesattle e. Aeikens k. Daniels q. Theisen w. Albarado f. McCloskey l. Turmelle r. Edgell 3. Discussion items a. Membership growth and plans – Smith b. Budget – Smith/Skeel c. FCC – Smith d. Regional conferences – Smith e. Shield Law – Smith f. Ethics town hall meetings – Smith g. -
CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 16
22810 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 16 September 27, 2008 LOFGREN, as much time as she may constrained by the first amendment and thus It prohibits a federal or state court from en- need. may provide less protection to defamation forcing a defamation judgment entered in an- Ms. ZOE LOFGREN of California. I defendants than our Constitution requires. other country for publication involving a matter would certainly like to commend Con- (5) While our Nation’s courts will generally enforce foreign judgments as a matter of of public concern, unless the court first deter- gressman RODRIGUEZ and Senator comity, comity does not require that courts mines that the judgment is consistent with the SCHUMER. This is a measure that I sup- enforce foreign judgments that are repug- free-speech clause of our Constitution’s First port. nant to our Nation’s fundamental constitu- Amendment. Mr. Speaker, I would just like to note tional values, in particular its strong protec- H.R. 6146 responds to the problem of what there is another measure that we have tion of the right to freedom of speech. is sometimes called ‘‘libel tourism.’’ This is the marked up in the Judiciary Committee (6) Our Nation’s courts should only enforce disturbing practice of suing authors for defa- that would broadly assist our Amer- foreign judgments as a matter of comity mation in foreign countries rather than in the ican soldiers and their families. I hope when such foreign judgments are consistent United States, so as to avoid the speech-pro- with the right to freedom of speech. -
Barbarians at the Gate
SMALL WARS JOURNAL smallwarsjournal.com From the TBA to the USA: Barbarians at the Gate by Marilyn Stern On October 10, 2010, an illegal Mexican immigrant was found beheaded in Phoenix, Arizona as a result of the Mexican drug wars. On October 27, 2010, drug gangs attacked the headquarters of the Los Ramones, Mexico, police department with grenades and the police force quit en masse the next day. The following research provides pertinent background to the increasing chaos at the U.S. southwest border that the federal government continues to ignore. In The Choice: Global Domination or Global Leadership, Zbigniew Brzezinski, advisor to U.S. Presidents Kennedy, Johnson, Carter, and Bush, Sr., wrote in 2004, For America, the linkage between state sovereignty and national security was traditionally even more symbiotic than for most other states. The linkage was reinforced by the awareness that geography made America a sanctuary. With two huge oceans providing extraordinary security buffers and with much weaker neighbors to the north and south, Americans considered their nation‟s sovereignty to be both a natural right as well as a natural consequence of peerless national security (emphasis added). Even when America was drawn into two world wars, it was the Americans who crossed the oceans to combat others in distant lands. Americans went to war, but war did not come to America.1 Today, America‟s geographical boundaries no longer provide that sense of security. In fact, there is a war being waged just beyond America‟s southwestern border. Mexican drug cartels, ruthless in their lawlessness, are in a bloody competition for superiority. -
SPEECH: Preempting Privacy Tourism Stephen Bates
Hastings Communications and Entertainment Law Journal Volume 33 | Number 3 Article 3 1-1-2011 More SPEECH: Preempting Privacy Tourism Stephen Bates Follow this and additional works at: https://repository.uchastings.edu/ hastings_comm_ent_law_journal Part of the Communications Law Commons, Entertainment, Arts, and Sports Law Commons, and the Intellectual Property Law Commons Recommended Citation Stephen Bates, More SPEECH: Preempting Privacy Tourism, 33 Hastings Comm. & Ent. L.J. 379 (2011). Available at: https://repository.uchastings.edu/hastings_comm_ent_law_journal/vol33/iss3/3 This Article is brought to you for free and open access by the Law Journals at UC Hastings Scholarship Repository. It has been accepted for inclusion in Hastings Communications and Entertainment Law Journal by an authorized editor of UC Hastings Scholarship Repository. For more information, please contact [email protected]. More SPEECH: Preempting Privacy Tourism by * STEPHEN BATES I. Libel Tourism .................................................................................................................... 380 II. Breach of Privacy in Britain ............................................................................................. 388 III. Publication of Private Facts in the United States ........................................................... 395 IV. Counterarguments ............................................................................................................. 401 V. Conclusion ......................................................................................................................... -
Freedom of the Press 2009
Freedom of the Press 2009 FURTHER DECLINES IN GLOBAL MEDIA INDEPENDENCE Selected data from Freedom House’s annual survey of press freedom Acknowledgments Freedom of the Press 2009 could not have been completed without the contributions of numerous Freedom House staff and consultants. The following section, entitled “The Survey Team,” contains a detailed list of writers without whose efforts this project would not have been possible. Karin Deutsch Karlekar, a senior researcher at Freedom House, served as managing editor of this year’s survey. Extensive research, editorial, and administrative assistance was provided by Denelle Burns, as well as by Sarah Cook, Tyler Roylance, Elizabeth Floyd, Joanna Perry, Joshua Siegel, Charles Liebling, and Aidan Gould. Overall guidance for the project was provided by Arch Puddington, director of research, and by Christopher Walker, director of studies. We are grateful for the insights provided by those who served on this year’s review team, including Freedom House staff members Arch Puddington, Christopher Walker, Karin Deutsch Karlekar, Sarah Cook, and Tyler Roylance. In addition, the ratings and narratives were reviewed by a number of Freedom House staff based in our overseas offices. This report also reflects the findings of the Freedom House study Freedom in the World 2009: The Annual Survey of Political Rights and Civil Liberties. Statistics on internet usage were taken from www.internetworldstats.com. This project was made possible by the contributions of the Asia Vision Foundation, F. M. Kirby, Free Voice, Freedom Forum, The Hurford Foundation, John S. and James L. Knight Foundation, Lilly Endowment Inc., The Lynde and Harry Bradley Foundation, the National Endowment for Democracy, The Nicholas B. -
"Legal Jihad": How Islamist Lawfare Tactics Are Targeting Free Speech
"LEGAL JIHAD": HOW ISLAMIST LAWFARE TACTICS ARE TARGETING FREE SPEECH Brooke Goldstein andAaron Eitan Meyer* I. WELCOME TO LAWFARE .............................. 395 II. THE ISLAMIST MOVEMENT ............................. 396 III. LEGAL JIHAD ....................................... 397 IV. LAWFARE IN EUROPE & CANADA ....................... 400 V. ENGLAND .......................................... 402 V I. CANADA ........................................... 404 VII. THE NETHERLANDS .................................. 405 VEII. THE INTERNATIONAL SCENE ........................... 407 IX. CONCLUSION ....................................... 409 I. WELCOME TO LAWFARE Lawfare is usually defined as the use of the law as a weapon of war' or the pursuit of strategic aims through aggressive legal maneuvers.2 Traditionally, lawfare tactics have been used to obtain moral advantages over the enemy in the court of public opinion3 and to intimidate heads of state from acting out of fear of prosecution for war crimes.4 Al Qaeda training manuals instruct its captured * Brooke Goldstein is a practicing attorney, an adjunct fellow at the Hudson Institute, an award- winning filmmaker and director of the Legal Project at the Middle East Forum. The Legal Project is dedicated to providing pro-bono legal representation to authors, activists and publishers who work on the topics of radical Islam, terrorism and their sources of financing. Goldstein is the founder and director of the Children's Rights Institute, a not-for-profit dedicated to raising awareness about and legally combating the incitement and recruitment of children as suicide bombers. She is also the 2007 recipient of the E. Nathaniel Gates Award for Outstanding Public Advocacy. Aaron Eitan Meyer recently received his Juris Doctor degree from Touro Law Center, and serves as the assistant director at the Legal Project at the Middle East Forum as well as legal correspondent to the Terror Finance Blog.