Overview

The National Security Law Brief is devoted to examining United States national security law and policy. Through the hard work and dedication of our staff, advisors, and supporters, the Brief continues to be a leader national security law analysis. This issue of the seventh volume of the National Security Law Brief publishes incisive legal analysis and commentary concerning privacy rights, the mental health of national security practitioners, and cybersecurity. It contains the following articles: Strengthen Section 702: A Critical Intelligence Tool Vital to the Protection of our CountryThe United States possesses the most powerful intelligence collection capabilities in the world. Recent disclosures about these capabilities have caused a growing interest in privacy rights and sparked fears of a surveillance state. This article analyzes and makes recommendations about Section 702, which authorizes the collection of foreign intelligence information concerning non-United States persons located outside of the United States. The article argues against placing further constraints on the Government's capabilities to collect and view certain types of data. The article further posits that, in light of the increasing number of threats that face the United States is facing, certain provisions of Section 702 should be amended to allow the collection of information on certain U.S and non-United States citizens without individualized judicial review. The Mental Health of our National Security: Protecting the Minds that Protect the HomelandMental health is an often overlooked aspect of United States national security law. This poignant article depicts the psychological pain borne by those who protect our country and concludes that the United States is failing both its national security law practitioners and citizens by refusing to seriously address mental health. The article examines the legal framework for mental health support for our national security practitioners and argues for better resourcing, screening, and organizational cultures. Cybersecurity, Identity Theft, and Standing Law: A Framework for Data Breaches Using Substantial Risk in a post-Clapper WorldHigh profile cyberattacks targeting personal and confidential information have become commonplace in the digital age. This article posits that since Clapper v. Amnesty International USA, courts have disallowed standing for victims alleging heightened risk of injury due to identity theft. The article argues that Clapper did not actually alter Article III standing requirements. The article further argues that the courts should allow standing using a heightened-risk-of-identity theft.

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