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21. The U.S. Military and Civil Infrastructure Protection: Restrictions and Discretion under the Posse Comitatus Act

Author:
Gregory D. Grove
Publication Date:
11-1999
Content Type:
Working Paper
Institution:
Center for International Security and Cooperation
Abstract:
This article sets out the constraints of the Posse Comitatus Act of 1878 (the “Act”), which generally prohibits active enforcement of civilian laws by the military, and describes the discretion of the military commander to assist civilian law enforcement in protecting America's information infrastructure against computer—assisted attack. A primary purpose of this article is to help legal advisors to commanders and DoD civilian officials better understand the boundaries of command discretion so that commanders and officials can feel free to exercise proper command discretion to assist law enforcement according to military interests and their professional and personal ethics and ideals. Another primary purpose of the article is to appraise Congress of the Act, its prohibitions, and its application to assist in framing the policy debate about how to constrain or expand the discretion of commanders and other officials to most productively serve the American public.
Topic:
Security, Defense Policy, and Government
Political Geography:
United States

22. The Airborne Laser: Shooting Down What's Going Up

Author:
Geoffrey E. Forden
Publication Date:
09-1997
Content Type:
Working Paper
Institution:
Center for International Security and Cooperation
Abstract:
Future regional conflicts will almost certainly involve politically less stable nations or other regional actors using theater ballistic missiles armed with either nuclear, biological, or chemical warheads. The United States Air Force is attempting to deal with this threat by developing the Airborne Laser (ABL) with the goal of shooting down missiles while they are still under power and before they can release submunitions possibly containing highly toxic biological agents. This paper presents the results of an analysis of this system. It is based solely on information found in the open literature and using the basic physics and engineering involved in transmitting intense laser beams through the atmosphere. The ABL's potential capabilities and possible theaters of operation are discussed at a non-technical level.
Topic:
Security, Defense Policy, and Nuclear Weapons
Political Geography:
United States

23. Implications of a Comprehensive Test Ban for China's Security Policy

Author:
Xiangli Sun
Publication Date:
06-1997
Content Type:
Working Paper
Institution:
Center for International Security and Cooperation
Abstract:
This paper focuses on the impact of a comprehensive test ban on China's nuclear program and security policy. After a general review of China's nuclear doctrine and development, the study analyzes the relationship between China's nuclear strategy and its desire for testing, and explores the reasons China decided to join the Comprehensive Test Ban Treaty. By comparing the maturity of the nuclear programs of the nuclear states and the degree of their preparations for a cessation of nuclear tests, this paper concludes that a comprehensive test ban would place greater constraints on China's nuclear program than on those of the others. Efforts such as a deeper reduction of the nuclear arsenals of the principal nuclear powers, a no-first-use commitment by all nuclear states, and the adherence to the ABM treaty by its signatories would be critical to reducing China's concerns. The progress of international arms control negotiations in the above directions would further encourage China to make even greater contributions in the field of global arms control in the post–comprehensive test ban era.
Topic:
Security, Arms Control and Proliferation, International Cooperation, and Nuclear Weapons
Political Geography:
China and Asia