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Preview: Winter 2013 Issue

YJoLT is once again pleased to offer a preview of our upcoming Winter issue.  This year, we’ve selected BJ Ard’s timely and thought-provoking new article, “Confidentiality and the Problem of Third Parties: Protecting Reader Privacy in the Age of Intermediaries.”

Surveillance State 2.0: Beta-Tested in China, Coming Soon to…?

By Ryan J. Mitchell† and Can Sun‡

 Looking back one day, we may find that one of the great stories of the ‘Teens was the dawning recognition that a new kind of surveillance state was emerging, not just nationally, but globally. [1]

Cyber-Attacking Al Qaeda: Assessing the First Amendment Challenge to Hacking Inspire Magazine

By Samuel Kleiner

In May 2013, in the month following the Boston Marathon bombing, U.S. intelligence operatives hacked, and temporarily shut down, the website for Al-Qaeda’s online magazine, Inspire.[1] During the cyber-attack, “the text on the second page was garbled and the following 20 pages were blank.”[2] The episode was the latest in a string of attacks against Al Qaeda’s online presence, with one intelligence official claiming, “You can make it hard for them to distribute it, or you can mess with the content.”[3]

At a Constitutional level, the hacking has raised First Amendment questions within the intelligence community.[4] Congressman Adam Schiff sought to allay these concerns noting that, “I don’t think al-Qaeda has a First Amendment right to put out its propaganda, to encourage people to commit acts of terrorists.”[5]