final paper
MPA 611
Public and Administrative Law
Belhaven University
Unit 5
Security Law and Policy
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■ Current Security Policy and Its Development As
Compared to Predecessor Policies
■ National Security and Homeland Security
■ “Classified” Information and Its Protection
■ National Defense
■ Preventing Terrorism
■ Shared Spaces (Oceans, Air, Space, and
Cyberspace) Policies
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Unit 5 Topics
■ National Security ❑ All threats to U.S., threats to the people, property or interests of
U.S., or actions taken to counter those threats
■ Homeland Security ❑ Efforts to prevent terrorist attacks, reduce vulnerability to
terrorism, minimize damage from terrorist attacks, or recover
from terrorist attack in the U.S.
■ Terrorism -- Unlawful use of force and violence against
persons or property to intimidate or coerce a government, the
civilian population, or any segment in furtherance of political
or social objectives
■ Security Policy ❑ Policy matters involving both national security and homeland
security
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Key Terms
■ Intelligence
❑ Product resulting from the collection, processing,
integration, evaluation, analysis, and
interpretation of available information concerning
foreign nations, hostile or potentially hostile
forces or elements, or areas of actual or potential
operations or the activities that result in the
product
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Key Terms, cont.
■ Classified Information ❑ Product resulting from the collection, processing,
integration, evaluation, analysis, and interpretation of
available information concerning foreign nations, hostile or
potentially hostile forces or elements, or areas of actual or
potential operations or the activities that result in the
product
❑ Executive Order 13526 (President Obama, 2009)
■ Military information
■ Foreign relations activities
■ Scientific, technological, or economic matters relating to
national security
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Key Terms, cont.
■ Protect the American people, the homeland, and
the American way of life
■ Promote American prosperity
■ Preserve peace through strength
■ Advance American influence
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Current U.S. Security Policy -- 4 Pillars
■ President submits within 150 days of taking office and
annually, thereafter
■ Details the country’s national security strategy
❑ Goals and objectives
❑ Foreign policy and defense capabilities
❑ Proposed uses of political, economic, military, and other
power
❑ Evaluation of capabilities to carry out the strategy
■ Quadrennial Homeland Security Review -- report
submitted every 4 years by Secretary of Homeland
Security
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National Security Strategy Report (1986)
■ Article I of the Constitution ❑ Congress has power to declare war
■ Article II of the Constitution ❑ President is Commander-in-Chief of military
■ Authorization for Use of Military Force
❑ Passed after 9/11 terrorist attacks
❑ Gives President the authority to use all necessary
force in response to attacks
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National Defense
■ Systems and assets vital to U.S.
■ Physical or virtual
■ Incapacity or destruction would have debilitating impact
on security, national economic security, public health, or
safety
■ National Infrastructure Protection Plan (2013)
❑ 16 critical infrastructures
❑ Creates many formal and informal councils to help identify
risks, plan for contingencies, and coordinate responses
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Homeland Security Defense -- Critical
Infrastructure
■ 4th Amendment to Constitution
❑ Protects against unreasonable searches and seizures
❑ No warrants to be issued unless probable cause exists
and specifies place to be searched and persons or things
to be seized
■ Communications technology ❑ Largely electronic
■ National Security Act of 1947 ❑ Central Intelligence Agency (CIA) created
■ Foreign Intelligence Surveillance Act of 1978
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Intelligence and Terrorism -- Difficulties
■ Oceans ❑ Territorial sea
■ 12 nautical miles
■ Part of each country’s sovereign area subject to its laws and
regulations ❑ Any ship may pass through without permission on the way
somewhere else -- “innocent passage”
❑ Contiguous zone ■ 24 nautical miles
■ Right to enforce only customs, tax, immigration, and
pollution laws
❑ Exclusive economic zone ■ 200 nautical miles
■ Right to exploit natural resources, fishing, oil, natural gas
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Shared Spaces -- Global Commons
■ Convention on International Civil Aviation
(“Chicago Convention”)
❑ Absolute sovereignty of every country’s air space
above their territory, including territorial sea
❑ No automatic authority to fly over another
country’s territory
❑ Prohibits the use of weapons against civil (non-
military) aircraft while flying
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Shared Spaces -- Air
■ Outer Space Treaty (1967)
❑ National sovereignty does not exist in space
❑ Forbids nuclear weapons from being placed in
orbit
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Shared Spaces -- Outer Space
■ No consensus among countries
■ 1st Amendment constraints, although body of criminal laws
■ 2017 National Security Strategy (Trump)
❑ Counter cyber criminals
❑ Identify and prioritize risks
❑ Deter and disrupt malicious cyber actors
❑ Improve information sharing and sensing
❑ Deploy layered defense
❑ Improve attribution, accountability, and response
❑ Enhance cyber tools and expertise
❑ Improve integration and agility
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Shared Spaces -- Cyberspace
■ Complete reading assignments.
■ Complete writing assignments.
■ Answer discussion questions.
■ Complete unit quiz.
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What’s Next?
■ Fandl, K. J. (2019). Law and public policy. New
York, NY: Routledge.
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References