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