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This collection of previously published work on security and rights focuses on the appropriate relationship between rights and what we can think of as counterterrorism policy. Such a focus might seem both necessary, because of 9/11, and unfortunate, because there are other causes of insecurity besides terrorism. However, the intensity of the'war on terror'has created an ongoing surge of scholarship on the relationship between security and human rights that either has indirect implications for debates about security where terrorism is not in issue, or has directly led to an attempt to rethink more generally the idea of security and its relationship to rights.

In the aftermath of a terrorist attack political stakes are high: legislators fear being seen as lenient or indifferent and often grant the executive broader authorities without thorough debate. The judiciary's role, too, is restricted: constitutional structure and cultural norms narrow the courts'ability to check the executive at all but the margins. The dominant'Security or Freedom'framework for evaluating counterterrorist law thus fails to capture an important characteristic: increased executive power that shifts the balance between branches of government. This book re-calculates the cost of counterterrorist law to the United Kingdom and the United States, arguing that the damage caused is significantly greater than first appears. Donohue warns that the proliferation of biological and nuclear materials, together with willingness on the part of extremists to sacrifice themselves, may drive each country to take increasingly drastic measures with a resultant shift in the basic structure of both states.

This timely and balanced volume explores the crisis of the war on terror and the actions taken by the executive branch of government against civil liberties. The complex issues surrounding the Patriot Act, the Abu Ghraib prison abuse scandal, and the suspension of the right of habeas corpus are discussed, as well as the debates over what has truly been gained by such recent acts and events. Readers will gain an understanding of what is at stake for U.S. citizens today.

Der 11. September 2001 hat die Welt verändert. Sowohl in den USA als auch in Deutschland haben die Terroranschläge die Menschen nachhaltig in Angst versetzt. Anhand einer Untersuchung von Meinungsumfragen wird gezeigt, dass dies die Bereitschaft der Bevölkerung, Einschränkungen von bürgerlichen Freiheiten zugunsten gesteigerter Sicherheitsbedingungen hinzunehmen, verstärkt hat. Dabei fanden vor allem Maßnahmen, die sich kollektiv oder auf Individuen ungeliebter Gesellschaftsgruppen auswirken Zuspruch. Es wird gezeigt, dass die Fürsprecher stärkerer Sicherheitsbedingungen in beiden Ländern diese sich bietende Gelegenheit genutzt haben, um weitreichende Gesetzesänderungen wie den USA PATRIOT ACT und die deutschen Antiterrorgesetze I und II durchzusetzen. Diese Gesetze implementieren Maßnahmen, die zuvor jahrelang erfolgreich von Verfechtern bürgerlicher Freiheiten abgewehrt wurden. Anhand einer Untersuchung der Überwachungsgesetze beider Länder vor und nach dem 11. September wird belegt, dass Voraussetzungen für eine effektive staatliche Kontrolle, sowohl im geheimdienstlichen als auch Kriminalitätsbekämpfungssektor bereits vor 2001 vorhanden waren. Weiterhin wird dargestellt, dass die Anschläge dazu genutzt wurden, Befugnisse der Exekutive zu stärken und gleichzeitig, vor allem in den USA aber zunehmend auch in Deutschland einer gerichtlichen Kontrolle zu entziehen. Darüber hinaus werden die harschen Folgen für'ungewollte'oder'verdächtige'Ausländer nachgewiesen, indem die Behandlung Fremder vor dem 11. September mit dem Ausmaß der amerikanischen'Wegsperrtaktik'und dem deutschen Ansatz der grundrechtsfeindlichen und nahezu absoluten Datenüberwachung nach den Terroranschlägen verglichen wird. Anhand immer weiter reichender Gesetzesvorschläge, wie der, der zur erfolgreich eingeführten Antiterrordatei in Deutschland und dem gescheiterten'PATRIOT Act II'in den USA geführt hat, wird des Weiteren die Annahme untermauert, dass die Verschiebung des Gleichgewichtes zwischen bürgerlicher Freiheit und Sicherheit zugunsten der Sicherheit nur durch ein anhaltendes Klima der Angst weiter vorangetrieben wird. Im Gegensatz zu den USA hält sich in Deutschland ein derartiges Klima auf Grund wiederholter Anschlägen in Europa. Die Arbeit schließt mit der Einsicht, dass trotz unterschiedlich ausgestalteter Maßnahmen vor allem die Gewaltenkontrolle nach dem 11. September in Mitleidenschaft gezogen wurde und Verfechter stärkerer Sicherheitsmaßnahmen sich nie zufrieden geben, sondern anhaltend versuchen immer weiter reichende Maßnahmen durchzusetzen, die auch die'normale'Bevölkerung betreffen, solange sich die Möglichkeit bietet.

With a renewed emphasis on national and homeland security, the United States is once again seeking to balance the needs of the state with both the rights of its citizens as well as those of other nations. This book represents an interdisciplinary approach to the legal dilemmas borne out by the war on terror-against the specific background of Afghanistan, Iraq, and this new kind of conflict. It is a strong contribution to a broader debate visible since 9/11, which will remain in the public eye for the foreseeable future. It addresses the overlap between religion, ethics, armed conflict, and law, within the context of the current conflict. While many issues in areas such as intelligence, reconciliation of civil liberties, dealing with terrorist threats, and the permissible bounds of interrogation, treatment of prisoners and laws governing armed conflict have long standing precedents under domestic and international law, this war has challenged even long standing legal interpretations. The contributors to this volume explore those precedents and contemporary challenges to them.Now that traditional wars between nation states are no longer the rule, the terrorist threat has gained credence (popularly, terrorism and its claimed breeding ground in failed states), linked in practice to issues of intervention on the territory of states harboring such groups. In military circles the idea of armed struggle between modern military forces and what were formerly called guerillas has now largely been replaced by asymmetric warfare and the concept of intelligence and preventive action interchangeably within U.S. borders and overseas. Opposing views contemplate that different-and presumably lower-legal standards may apply in internal armed conflicts. Such legal issues are visible under current circumstances of asymmetric warfare in conjunction with questions about prisoner status and detentions, including the permissible bounds of interrogation versus torture following the Abu Ghraib prison scandal in Iraq but also the treatment at the Guantanamo Bay facility of alleged Al Q'aeda captives from Afghanistan. All of the contributors in this book explore the changing circumstances against which these contentious new legal issues now unfold. The experts strike no consensus. Indeed, one of the work's many strengths can be attributed to the fact that the many facets of the ongoing debate are represented herein.

Provides a detailed exposition of violations of international law authorized and abetted by secret memos, authorizations and orders of the Bush administration. It describes why several executive claims were in error, what illegal authorizations were given, what illegal interrogation tactics were approved, and what illegal transfers and secret detentions occurred. It offers the most thorough documentation of cases demonstrating that the President is bound by the laws of war; that decisions to detain persons, decide their status, and mistreat them are subject to judicial review during the war; and that the commander-in-chief power is subject to restraints by Congress. Special military commissions contemplated by President Bush are analyzed along with the Supreme Court's decision in Hamdan concerning their illegal structure and procedures, as well as problems created by the 2006 Military Commission Act.

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.

The executive director of the ACLU takes a critical look at civil liberties in this country at a time when constitutional freedoms are in peril. Using the stories of real Americans on the frontlines of the fight for civil liberties, this book examines the dangerous erosion of the Bill of Rights in the age of the War on Terror. Readers are taken behind the scenes of some important civil liberties cases, including: the National Security Agency's warrantless spying program; legal battles over the rights of individuals suspected of terrorism, such as John Walker Lindh (the'American Taliban'); South Dakota's attempts to place an outright ban on abortions in the face of an attempt to open an abortion clinic on an Indian reservation; a modern-day Scopes trial over'intelligent design'in Dover, Pennsylvania; and a gay teenager sentenced to 17 years for having consensual sex with a younger teenage boy.--From publisher's description.

A Brookings Institution Press and the Computer Ethics Institute publicationCan we safeguard our nation's security without weakening cherished liberties? And how does technology affect the potential conflict between these fundamental goals? These questions acquired renewed urgency in the wake of the 9/11 attacks. They also spurred heated debates over such controversial measures as Total Information Awareness and the USA PATRIOT Act.In this volume, leading figures from the worlds of government, public policy, and business analyze the critical issues underlying these debates. The first set of essays examines the relationship between liberty and security and explores where the public stands on how best to balance the two. In the second section, the authors focus on information technology's role in combating terrorism, as well as tools, policies, and procedures that can strengthen both security and liberty at the same time. Finally, the third part of the book takes on a series of key legal issues concerning the restrictions that should be placed on the government's power to exploit these powerful new technologies.Contributors include Zoë Baird (Markle Foundation), James Barksdale (Barksdale Group), Bruce Berkowitz (Hoover Institution), Jerry Berman (Center for Democracy and Technology), Beryl A. Howell (Stroz Friedberg), Jon Kyl (U.S. Senate), Gilman Louie (In-Q-Tel), David Luban (Georgetown University), Richard A. Posner (U.S. Court of Appeals for the Seventh Circuit), Marc Rotenberg (Electronic Privacy Information Center), James Steinberg (Brookings), Larry Thompson (Brookings), Gayle von Eckartsberg (In-Q-Tel), and Alan F. Westin (Columbia University).

'Includes review and analysis of: Homeland Security Act,'Patriot Act II,'Intelligence Reform and Terrorism Prevention Act, Supreme Court decisions,'National Strategy'documents, 9-11 Commission recommendations, and various ongoing developments nationally and internationally in the'war on terrorism.'

In light of the ongoing war against terrorism, can the United States maintain its dedication to protecting civil liberties without compromising security? At stake is nothing less than the survival of ideas associated with the modern period of political philosophy: the freedom of conscience, the inviolable rights of the individual to privacy, the constitutionally limited state, as well as the more recent refinement of late modern liberalism, multiculturalism. Contributors evaluate the need to reassess the nation's public policies, institutions, as well as its very identity. The struggle to persist as an open society in the age of terrorism will be the defining test of democracy in the Twenty-first-century.

Heavily armed guards at the entrances to malls and restaurants. Citizens deemed “suspicious” taken away without formal charges or legal counsel. Would a “safe” America even look like America anymore?One of the few journalists to penetrate the new counter terror initiative, Matthew Brzezinski offers an insider's look at the new technology, laws, tactics, and persistent vulnerabilities of the post-9/11 era. The result is this startling, sometimes controversial look at what it will take to achieve genuine homeland security and what it may be like to live inside Fortress AmericaIs this what a safe America will look like?• Cameras at airport ticket counters that can tell if you are stressed • Satellites and surveillance equipment that can see through the walls of your home• Computer programs capable of spotting abnormal behavior • National ID “smart” cards encoding your personal, financial, and medical information required for electronic police spot checksIn the aftermath of September 11, a massive effort has been launched to protect us from another terrorist attack. But the costs of safeguarding our country will require not only unprecedented amounts of funding, but dramatic changes in the way Americans lead their everyday lives. Is this the new price of freedom? • Mandatory chips installed in all cell phones and automobiles that can locate you instantly within a dozen yards• Patriot II legislation that can arbitrarily revoke citizenship and allow terrorist sympathizers to vanish without a trace• Transponder implants that could be injected into the bodies of prisoners, foreign nationals, and perhaps one day all US citizens…Such high-tech measures are not the stuff of science fiction but in many cases are already being implemented. As Brzezinski discovers, similar measures have been in use for years in security states like Israel. But will Americans trade liberty for security? Will they have a choice? And can even the most radical measures insure that a 9/11 style attack won't happen again? From an unheeded warning six years before the WTC disaster to dramatic war-game scenarios secretly conducted at Andrews Air Force Base and chilling on-site simulations of actual attacks, Fortress America paints a sobering picture of the future of freedom…and what life may be like in a maximum security state.

In The Naked Crowd, acclaimed author Jeffrey Rosen makes an impassioned argument about how to preserve freedom, privacy, and security in a post-9/11 world. How we use emerging technologies, he insists, will be crucial to the preservation of essential American ideals. In our zeal to catch terrorists and prevent future catastrophic events, we are going too far—largely because of irrational fears—and violating essential American freedoms. That's the contention at the center of this persuasive new polemic by Jeffrey Rosen, legal affairs editor of The New Republic, which builds on his award-winning book The Unwanted Gaze. Through wide-ranging reportage and cultural analysis, Rosen argues that it is possible to strike an effective and reasonable balance between liberty and security. Traveling from England to Silicon Valley, he offers a penetrating account of why well-designed laws and technologies have not always been adopted. Drawing on a broad range of sources—from the psychology of fear to the latest Code Orange alerts and airport security technologies—he also explores the reasons that the public, the legislatures, the courts, and technologists have made feel-good choices that give us the illusion of safety without actually making us safer. He describes the dangers of implementing poorly thought out technologies that can make us less free while distracting our attention from responses to terrorism that might work. Rosen also considers the social and technological reasons that the risk-averse democracies of the West continue to demand ever-increasing levels of personal exposure in a search for an illusory and emotional feeling of security. In Web logs, chat rooms, and reality TV shows, an increasing number of citizens clutter the public sphere with private revelations best kept to themselves. The result is the peculiar ordeal of living in the Naked Crowd, in which few aspects of our lives are immune from public scrutiny. With vivid prose and persuasive analysis, The Naked Crowd is both an urgent warning about the choices we face in responding to legitimate fears of terror and a vision for a better future.

The USA Patriot Act: A Reference Handbook is an in-depth examination of the difficult wartime task of balancing civil liberties against national security.Within weeks of the September 11 terrorist attacks, overwhelming majorities in both houses of Congress passed the USA Patriot Act. The act immediately aroused bitter controversy. Some claim it impermissibly infringes on constitutional rights; others argue it is a necessary tool to ensure the security of the American homeland.Distinguished scholar and prolific author Howard Ball provides the background necessary for a reasoned, historical examination of both positions. He details the threats to America in the last 60 years, emphasizing terrorist acts; examines the temporary surrender of civil rights during past American wars; and uses that history to analyze the USA Patriot Act, both as it exists and as arguments rage over whether to strengthen or weaken the law.

A pertinent analysis of the'USA Patriot Act,'based on meticulous legal research and straight talk, points to America's ominous evolution into a national security state.'In this very important study, C.W. Michaels gives us a unique guide and commentary, based on meticulous research, to the ominous growth of the national security state.'His analysis of the'USA PATRIOT Act'is immensely useful and a wake-up call for all Americans concerned with defending our civil liberties.'Howard Zinn Author, A People's History of the United States'Congress had no time to read the USA PATRIOT Act before overwhelmingly passing it with great haste. A number of us (on the Left and Right) at the time stood up and pleaded the case for careful action, to little avail. Now, we all across the country must read and understand this statute - aided in significant part through Mr. Michaels'book - and learn the detail of other administrative actions after 9/11. Then we will be well-equipped to organize nationally and demand fixes to laws and practices that would be both constitutional and workable, rather than what we are seeing today.'--Kit Gage, Director, First Amendment Foundation, Coordinator, National Coalition to Protect Political Freedom. An attorney and former law school academic explains why the USA PATRIOT Act ranks as one of the most significant pieces of legislation in many years, and examines the prospect that America (with the Congress and the Executive Branch in the lead) may be transforming itself into a national security culture. The book identifies and examines 12 common characteristics of a national security state, and discusses how those characteristics are being fulfilled today (in some instances, in an accelerated manner), and provides a meticulous description of each of the ten parts of the PATRIOT Act (so often discussed, so seldom explained). The Act grants broad powers to Federal investigators in surveillance, intelligence, prosecution, and inter-agency information sharing; and most of its provisions are permanent. C. William Michaels, Esq., is an attorney and writer living in the Baltimore area. Mr. Michaels has been involved in social issues and organizations for more than 30 years; he held a full-time position as Justice and Peace Coordinator with the Catholic Archdiocese of Baltimore (1982 to 1986). He has worked as a journalist and newspaper editor, and wrote, hosted, and organized a weekly half-hour radio program, New Earth Radio (1989 to 1991) and a weekly cable-access television program, WorldViews (1994 to 1996). He taught law at the University of Baltimore. A graduate of the University of Maryland School of Law, Mr. Michaels conducts an appellate law practice