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Hanging in the Balance: An Assessment of European Versus American Data Privacy Laws and Threats to U.S. National Security
Get PDFSocial media has quickly become an integral part of modern-day life, keeping the world connected to friends, family and current events. Social media, and the data collected from it, also play a crucial role in intelligence gathering and the safeguarding of national security. It is estimated that about 80-95% of information that is collected for intelligence missions is found freely throughout the internet or other publicly available sources. This type of information has been dubbed SOCMINT (Social Media Intelligence) and it has become a crucial tool within the intelligence community. After the Edward Snowden leaks in 2013 revealed a global scale surveillance program on U.S. and international citizens, tensions surrounding data privacy ignited. The European Union (EU) responded to privacy concerns by enacting the General Data Privacy Regulation (GDPR). The GDPR has been hailed as one of the “most comprehensive attempts to globally regulate the collection and use of personal data by both governments and the private sector.” The GDPR shows that the European Union has taken strides to protect both the privacy of their citizens and their transnational security. The U.S., however, has not been as zealous in their response to citizens’ data privacy concerns. Currently, the U.S. still has no comprehensive federal legislation to protect personal data. This has proven to become a national security risk and will continue to threaten the national security landscape until the federal government addresses America’s lack of data privacy protections
[quote] Why Can\u27t We Stop Unauthorized Immigration? Because It Works.
No full text[quote] These workers were largely excluded again when Congress passed the Occupational Health and Safety Act in 1970. “These spaces that were once filled by slaves are now filled by immigrants,” Anita Sinha, a professor of law at American University told me. “They are exploitative by design.
Do Trademarks Reduce Search Costs in the Age of Information
No full textThis chapter questions the continuing relevance of the search cost theory of trademarks as markets shift online where algorithms shape and influence consumer purchasing decisions. Long the dominant approach to trademarks, the search cost theory posits that trademarks help consumers quickly and easily identify the precise product they desire in a crowded marketplace. As markets shift online, surveillance capitalism keeps careful track of what consumers look at, what they buy, and what they re-buy. To a computer, a trademark is just a particular collection of zeros and ones, and could be readily replaced by any other set of zeros and ones, uniquely associated with the consumer’s shopping and purchasing decisions. This chapter explores how the law should approach trademarks in this new digital age.https://digitalcommons.wcl.american.edu/facsch_bk_contributions/1422/thumbnail.jp
No-Concessions Policies and the 2023 Israel-Hamas Mediation in Context
Get PDFMost states in the Western world maintain a no-concession policy towards terrorist groups, pirates, criminal organizations, and rogue entities, on the basis of which they refuse ransom payments, political concessions, and in many cases even direct engagement. The United States and the United Kingdom are the strictest in this regard, with many European states demonstrating a wavering stance. Even so, the United States has on several occasions since the late 1970s deviated from its strict no-concessions policy. This article suggests that since the late 2000s, the United States foresaw that dialogue and engagement with some (but not all) terrorist groups and rogue entities was inevitable to serve its foreign policy pursuits, while avoiding being seen as bending its hardline against such groups. As a result, it requested Qatar, which aspired to a regional mediator role, to allow both the Taliban and Hamas to set up representative offices on its territory and thus to open channels of communication with the United States and its allies. This is despite the fact that the United States and the U.N. Security Council had sanctioned both groups. This led to a U.S.-Taliban agreement in 2020 that allowed for an orderly withdrawal of U.S. forces and a subsequent rapport between the two states. It also allowed Qatar to successfully mediate four ceasefires between Hamas and Israel from 2014 until 2023. The paper suggests that this represents a paradigmatic shift from the strict no-concessions policy, suggesting that powerful states have an interest in structured (i.e., not ad hoc) mediated engagement with terror groups and rogue states, at least for short-term targets. It is hoped that such a process may be adapted for longer-term, lasting, peace agreements
The Push to Grow the Capacity of Inspectors General: What Should Be Next for the Inspector General Community
No full textCongressional oversight is an integral part of America’s checks and balances, yet the Constitution does not explicitly confer on Congress its authority to oversee. Rather, the authority to review, monitor, supervise, and conduct investigations of programs, policies, and federal agencies comes from Congress’s authority to hold “[a]ll legislative powers of government. Through this implied power, Congress enjoys the fruits of its investigative authority and protects civil liberties and individual rights by monitoring the Executive Branch to ensure that it complies with laws and the Constitution
How the Overturning of Roe v. Wade Disproportionately Affects the Immigrant Asian American Population in the United States
Get PDFOn June 24, 2022, the Supreme Court overturned the historic case Roe v. Wade, ending the right to abortion across the United States. The overturning of Roe v. Wade and the responsive state statutes that criminalize abortion are yet further barriers to health access for Asian Americans, especially those who experience domestic violence, and are a violation of the universal Right to Health
La Responsabilidad Internacional De Los Estados Por Violaciones A Los Derechos Humanos Como Consecuencia Del Cambio Climatico: El Rol Del Sistema Interamericano De Proteccion De Derechos Humanos
Get PDFEl fenómeno del cambio climático es una de las mayores amenazas para la garantía y protección de los derechos humanos a nivel global. Las consecuencias adversas del cambio climático, tales como incremento en el nivel del mar, el aumento de eventos meteorológicos extremos, la perdida de biodiversidad y las sequías, son susceptibles de ocasionar varias violaciones a los derechos humanos en las Américas. Estas violaciones a los derechos humanos se manifiestan con mayor intensidad en determinados grupos poblacionales que se encuentran expuestos de forma desproporcionada a la degradación medioambiental debido a su vinculación especial con los recursos naturales, pero también, como consecuencia de la discriminación histórica a la que han sido sujetos
Democracy Dies in Broad Daylight: How the Philippines\u27 Halted Media Speech Despite Its Commitment to the ICCPR
Get PDFA primary initiative of the Philippines’ Rodrigo Duterte’s presidency was the national campaign against drug users and criminals. During the turbulent period that was Duterte’s presidency, journalists who published dissenting views on the drug war frequently became targets of Duterte’s administration, which came in the form of frivolous charges, arrests, banning media outlets, or in some instances, murder. This Comment argues that the Philippines violated international law protections of freedom of expression as codified in Article 19 of the International Covenant on Civil and Political Rights. As a party to this treaty, the Philippines, under Duterte’s administration, unjustifiably restricted speech in an attempt to restrict oppositional opinions and the public’s access to information. Further, this Comment recommends four possible paths to remedy, most notably that journalists impacted by the Philippines’ restrictions on speech should submit complaints to the Human Rights Committee
Three Decades of Seeking Elusive Remedies
Get PDFRemedy is a topic to be approached with some trepidation in the area of accountability. Throughout three decades of proliferating International Accountability Mechanisms ( IAMs), remedy has been the issue least addressed by leadership. Most management and board members find it threatening, wherever a remedial action falls on the spectrum, from an apology for error to financial compensation. The pursuit of remedy builds on the demonstrated existence of harm, which is embarrassing at the least, and brings a focus on consequences and actionable steps for those people whose lives have been damaged as well as for environmental violations. This short essay addresses the evolution of remedy, beginning with the experience of the first mechanism, the Inspection Panel (IPN), which included only a compliance review function without associated authority to make recommendations or monitor the institution’s responses. The essay considers these authorities and the addition of a dispute resolution function at other IAMs