Backgrounder posted June 17, 2013 by Paul Rosenzweig
Ignorance of the Law Is No Excuse, But It Is Reality
Everyone in America knows that “ignorance of the law is no excuse.” It is drummed into students from their first civics class in elementary school, so much so that it is a part of our cultural heritage. The phrase captures an important concept about culpability. It stems from a time when criminal law was grounded in morality and a shared understanding of wrongfulness and…
Backgrounder posted April 1, 2013 by Steven P. Bucci, Ph.D., Paul Rosenzweig, David Inserra
A Congressional Guide: Seven Steps to U.S. Security, Prosperity, and Freedom in Cyberspace
The U.S. faces significant cybersecurity threats that jeopardize America’s critical infrastructure, the freedoms that Americans exercise online, and the economic viability of U.S. businesses. The cybersecurity status quo is unstable, especially when considering the enormous and growing scope of these threats. To mitigate these threats, this paper provides a framework for…
Backgrounder posted March 25, 2013 by Paul Rosenzweig, Daniel J. Dew
Guilty Until Proven Innocent: Undermining the Criminal Intent Requirement
Developed over the course of hundreds of years, the Anglo–American legal system contains several key provisions that, when used properly, guard against wrongful criminal convictions. These protections are critical: Not only do they defend Americans from false accusations and Kafka-esque legal proceedings, but they also demand that police and prosecutors proceed with…
Issue Brief posted February 14, 2013 by Paul Rosenzweig, David Inserra
Obama’s Cybersecurity Executive Order Falls Short
In his State of the Union address, President Obama announced that he had signed an executive order (EO) on cybersecurity. The order uses a standard-setting approach to improve cybersecurity. However, such a model will only impose costs, encourage compliance over security, keep the U.S. tied to past threats, and threaten innovation.
While the EO does take some positive…
Backgrounder posted February 12, 2013 by James Jay Carafano, Ph.D., Jessica Zuckerman, Matt A. Mayer, Paul Rosenzweig, Brian Slattery
The Second Quadrennial Homeland Security Review: Setting Priorities for the Next Four Years
In March, the Department of Homeland Security (DHS) will mark its 10th anniversary of existence. DHS was established to prevent terrorist attacks and to reduce the vulnerability of, and minimize the damage to, the U.S. in the case of attacks. Ten years later, the concept of homeland security has come to embody an "all hazards" approach, focusing not only on terror…
Issue Brief posted January 17, 2013 by Paul Rosenzweig, Jessica Zuckerman
Napolitano Stays On: Five Key Steps for DHS in the Next Administration
The White House has announced that Homeland Security Secretary Janet Napolitano will stay in her post as President Barack Obama begins his second term. While the decision is not terribly surprising, it is an important one. Secretary Napolitano’s dedication to stay on will give her the opportunity to continue to improve the operation of the Department of Homeland Security…
Legal Memorandum posted December 4, 2012 by Paul Rosenzweig
A Federalist Conception of the Pardon Power
Abstract:
The growth in criminal law today reflects a divergence from its treatment early in our republic and under traditional common law rules of Anglo–American culture. This is most evident in such areas as overfederalization of criminal law and the dilution of the "guilty mind" requirement. Yet there is one area in which this divergence is particularly acute…
Issue Brief posted November 15, 2012 by Paul Rosenzweig
Obama’s Cyber Executive Order: More Government Control of the Network
The Administration has now released a draft executive order (EO) on cybersecurity,[1] and with President Obama’s recent re-election, the likelihood that the EO will be issued has only increased. Furthermore, Senate majority leader Harry Reid (D–NV) has promised to bring the similarly flawed Cybersecurity Act of 2012 up for another vote.
When the EO is issued, it is…
Issue Brief posted September 13, 2012 by Paul Rosenzweig
Congress Should Not Enable Executive Orders on Cybersecurity
The discussion over improving U.S. cybersecurity has moved from a debate over different pieces of legislation to speculation and expectation that President Obama will issue an executive order. Congress repeatedly declined to adopt a regulatory approach to cybersecurity, yet the Administration has drafted an executive order that begins the development of a regulatory…
Testimony posted August 1, 2012 by Paul Rosenzweig
The State of Privacy and Security - Our Antique Privacy Rules
Paul Rosenzweig
Statement before the
Subcommittee on Oversight of Government Management,
the Federal Workforce and the District of Columbia
Committee on Homeland Security and Governmental Affairs
United States Senate
July 31, 2012
Introduction
Chairman Akaka, Ranking Member Johnson, and Members…