scholarly journals "PUBLIC POLICY COUNTERING TERRORISM" AS A COMPONENT OF NATIONAL SECURITY: THE ESSENCE AND MAIN MEANING OF THE TERM

Author(s):  
R. Antonіuk
2015 ◽  
Author(s):  
Craig Forcese

The expression "national security" or its close similes lacks a precise meaning, even in the public policy literature. Nevertheless, the concept appears in over 30 federal statutes. In most instances, the term is undefined, an important oversight in light of the significant powers these statutes accord the government. Under these circumstances, how courts review government invocations of "national security" is of real importance. With some exceptions, courts applying s. 7 of the Charter and standard administrative law doctrines have accorded substantial deference to government national security determinations. When largely deferential substantive review of the ambiguous concept of national security is coupled with the ex parti and in camera context in which these cases are often heard, the net effect is to leave government with a freer hand in national security matters than in other domains of administrative decision making. Several possible responses to this problem are proposed.


Author(s):  
J. Bagby

Public policy constraints impact deployment of most technology underlying the convergence of digital technologies in telecommunications, e-commerce, and e-government. Networked computers increase the vulnerability of confidential data, transaction processing infrastructure and national security. Compliance regulation imposes complex constrains on data management by government, the private-sector and their personnel. Privacy and security are a balance between individual interests in secrecy/solitude and society’s interests in security, order, and efficiency. This chapter explores the key political, legal, and regulatory methods for resolving conflicts between privacy rights and security methods to encourage convergence success. The “Privacy-Security Conundrum” is framed, then set against the more cross-dependant relationships of a “Privacy-Security Complement.” Security law illustrates that the conundrum-complement dilemma serves to define convergence as constrained and induced by the legal and policy perspectives or privacy, intellectual property, technology transfer, electronic records management, torts, criminal law, fiduciary and contractual duties and professional ethics regulating privacy and security.


Cyber Crime ◽  
2013 ◽  
pp. 1441-1460 ◽  
Author(s):  
John W. Bagby

The public expects that technologies used in electronic commerce and government will enhance security while preserving privacy. These expectations are focused through public policy influences, implemented by law, regulation, and standards emanating from states (provincial governments), federal agencies (central governments) and international law. They are influenced through market pressures set in contracts. This chapter posits that personally identifiable information (PII) is a form of property that flows along an “information supply chain” from collection, through archival and analysis and ultimately to its use in decision-making. The conceptual framework for balancing privacy and security developed here provides a foundation to develop and implement public policies that safeguard individual rights, the economy, critical infrastructures and national security. The illusive resolution of the practical antithesis between privacy and security is explored by developing some tradeoff relationships using exemplars from various fields that identify this quandary while recognizing how privacy and security sometimes harmonize.


2014 ◽  
Vol 28 (1) ◽  
pp. 29-38 ◽  
Author(s):  
George R. Lucas

Whatever else one might say concerning the legality, morality, and prudence of his actions, Edward Snowden, the former U.S. National Security Agency (NSA) contractor, is right about the notion of publicity and informed consent, which together constitute the hallmark of democratic public policy. In order to be morally justifiable, any strategy or policy involving the body politic must be one to which it would voluntarily assent when fully informed about it. This, in essence, was Snowden's argument for leaking, in June 2013, the documents that revealed the massive NSA surveillance program:So long as there's broad support amongst a people, it can be argued there's a level of legitimacy even to the most invasive and morally wrong program, as it was an informed and willing decision. . . . However, programs that are implemented in secret, out of public oversight, lack that legitimacy, and that's a problem. It also represents a dangerous normalization of “governing in the dark,” where decisions with enormous public impact occur without any public input.


Author(s):  
John W. Bagby

The public expects that technologies used in electronic commerce and government will enhance security while preserving privacy. These expectations are focused through public policy influences, implemented by law, regulation, and standards emanating from states (provincial governments), federal agencies (central governments) and international law. They are influenced through market pressures set in contracts. This chapter posits that personally identifiable information (PII) is a form of property that flows along an “information supply chain” from collection, through archival and analysis and ultimately to its use in decision-making. The conceptual framework for balancing privacy and security developed here provides a foundation to develop and implement public policies that safeguard individual rights, the economy, critical infrastructures and national security. The illusive resolution of the practical antithesis between privacy and security is explored by developing some tradeoff relationships using exemplars from various fields that identify this quandary while recognizing how privacy and security sometimes harmonize.


Author(s):  
Julian E. Zelizer

In recent years, the study of American political history has experienced a remarkable renaissance. After decades during which the subject fell out of fashion and disappeared from public view, it has returned to prominence as the study of American history has shifted its focus back to politics broadly defined. This book assesses its revival and demonstrates how this work not only illuminates the past but also helps us better understand American politics today. It considers the history of public policy and American conservatism as well as the politics of Medicare, campaign finance, troop withdrawal, and national security, among others. It also explores the interrelationships between democracy, taxation, and state-building, along with scandals in American politics.


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