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Articles Counterterrorism and New Deterrence
\\jciprod01\productn\N\NYU\89-3\NYU302.txt unknown Seq: 1 28-MAY-14 8:11 ARTICLES COUNTERTERRORISM AND NEW DETERRENCE SAMUEL J. RASCOFF* It has been widely assumed that deterrence has little or no role to play in counterterrorism on the grounds that the threat of punishment is powerless to dis- suade ideologically inspired terrorists. But an emerging literature in strategic studies argues, and aspects of contemporary American national security practice confirm, that this account misunderstands the capacity of deterrence to address current threats. In fact, a great deal of American counterterrorism is predicated on what I call “new deterrence,” a cluster of refinements to traditional deterrence theory that speaks to a world of asymmetric threats. Yet the emergence of new deterrence has been largely lost on lawyers, judges, and legal academics, resulting in significant gaps between the practice of national security in this area and the legal architecture ostensibly designed to undergird and oversee it. In particular, the legal framework of counterterrorism has not adequately incorporated or addressed new deterrence’s implications for scale, secrecy, and psychology, both at the level of doctrine and institutional design. This absence is striking given the prominence of deterrence theory in American strategy and criminology—precisely the two fields thought to converge in counterterrorism. In this Article, I debut in legal scholarship a sustained analysis of new deterrence and highlight its consequences for national security law, thus ushering in a serious reckoning for jurists with counterterrorism deterrence. INTRODUCTION ................................................. 831 R I. THE EMERGENCE OF NEW DETERRENCE ............... 836 R A. Tailoring ............................................ 837 R B. -
The Geography of the Battlefield
American University Washington College of Law Digital Commons @ American University Washington College of Law Articles in Law Reviews & Other Academic Journals Scholarship & Research 2013 The Geography of the Battlefield: A Framework for Detention and Targeting Outside the 'Hot' Conflict Zone Jennifer Daskal American University Washington College of Law, [email protected] Follow this and additional works at: http://digitalcommons.wcl.american.edu/facsch_lawrev Part of the Human Rights Law Commons, and the International Law Commons Recommended Citation Daskal, Jennifer C., The Geography of the Battlefield: A Framework for Detention and Targeting Outside the 'Hot' Conflict Zone, 161 U. Pa. L. Rev. 1165 (2013). This Article is brought to you for free and open access by the Scholarship & Research at Digital Commons @ American University Washington College of Law. It has been accepted for inclusion in Articles in Law Reviews & Other Academic Journals by an authorized administrator of Digital Commons @ American University Washington College of Law. For more information, please contact [email protected]. UNIVERSITY of PENNSYLVANIA LAW REVIEW Founded 1852 Formerly AMERICAN LAW REGISTER © 2013 by the University of Pennsylvania Law Review VOL. 161 APRIL 2013 NO. 5 ARTICLE THE GEOGRAPHY OF THE BATTLEFIELD: A FRAMEWORK FOR DETENTION AND TARGETING OUTSIDE THE “HOT” CONFLICT ZONE JENNIFER C. DASKAL† The U.S. conflict with al Qaeda raises a number of complicated and contested questions regarding the geographic scope of the battlefield and the related limits on the state’s authority to use lethal force and to detain without charge. To date, the legal † Fellow and Adjunct Professor, Georgetown Center on National Security and the Law, Georgetown University Law Center. -
Deep Fakes: a Looming Challenge for Privacy, Democracy, and National Security
Deep Fakes: A Looming Challenge for Privacy, Democracy, and National Security Bobby Chesney* and Danielle Citron** Harmful lies are nothing new. But the ability to distort reality has taken an exponential leap forward with “deep fake” technology. This capability makes it possible to create audio and video of real people saying and doing things they never said or did. Machine learning techniques are escalating the technology’s sophistication, making deep fakes ever more realistic and increasingly resistant to detection. Deep-fake technology has characteristics that enable rapid and widespread diffusion, putting it into the hands of both sophisticated and unsophisticated actors. DOI: https://doi.org/10.15779/Z38RV0D15J Copyright © 2019 California Law Review, Inc. California Law Review, Inc. (CLR) is a California nonprofit corporation. CLR and the authors are solely responsible for the content of their publications. * James Baker Chair, University of Texas School of Law; co-founder of Lawfare. ** Professor of Law, Boston University School of Law; Vice President, Cyber Civil Rights Initiative; Affiliate Fellow, Yale Information Society Project; Affiliate Scholar, Stanford Center on Internet and Society. We thank Benjamin Wittes, Quinta Jurecic, Marc Blitz, Jennifer Finney Boylan, Chris Bregler, Rebecca Crootof, Jeanmarie Fenrich, Mary Anne Franks, Nathaniel Gleicher, Patrick Gray, Yasmin Green, Klon Kitchen, Woodrow Hartzog, Herb Lin, Helen Norton, Suzanne Nossel, Andreas Schou, and Jessica Silbey for helpful suggestions. We are grateful to Susan McCarty, Samuel Morse, Jessica Burgard, and Alex Holland for research assistance. We had the great fortune of getting feedback from audiences at the PEN Board of Trustees meeting; Heritage Foundation; Yale Information Society Project; University of California, Hastings College of the Law; Northeastern School of Journalism 2019 symposium on AI, Media, and the Threat to Democracy; and the University of Maryland School of Law’s Trust and Truth Decay symposium. -
Deep Fakes: a Looming Challenge for Privacy, Democracy, and National Security
Boston University School of Law Scholarly Commons at Boston University School of Law Faculty Scholarship 12-2019 Deep Fakes: A Looming Challenge for Privacy, Democracy, and National Security Danielle K. Citron Boston University School of Law Robert Chesney University of Texas Follow this and additional works at: https://scholarship.law.bu.edu/faculty_scholarship Part of the First Amendment Commons, Internet Law Commons, and the Privacy Law Commons Recommended Citation Danielle K. Citron & Robert Chesney, Deep Fakes: A Looming Challenge for Privacy, Democracy, and National Security, 107 California Law Review 1753 (2019). Available at: https://scholarship.law.bu.edu/faculty_scholarship/640 This Article is brought to you for free and open access by Scholarly Commons at Boston University School of Law. It has been accepted for inclusion in Faculty Scholarship by an authorized administrator of Scholarly Commons at Boston University School of Law. For more information, please contact [email protected]. Deep Fakes: A Looming Challenge for Privacy, Democracy, and National Security Bobby Chesney* and Danielle Citron** Harmful lies are nothing new. But the ability to distort reality has taken an exponential leap forward with “deep fake” technology. This capability makes it possible to create audio and video of real people saying and doing things they never said or did. Machine learning techniques are escalating the technology’s sophistication, making deep fakes ever more realistic and increasingly resistant to detection. Deep-fake technology has characteristics that enable rapid and widespread diffusion, putting it into the hands of both sophisticated and unsophisticated actors. DOI: https://doi.org/10.15779/Z38RV0D15J Copyright © 2019 California Law Review, Inc.