Page 232 - Privacy in a Cyber Age Policy and Practice

220 NOTES

such as these are also best dealt with in a preventative measure, and while they
make up a tiny percentage of American criminals, they are a large part of the
terrorist population, large enough to justify a different level of legal protection.
54. Matthew Waxman writes “criminal justice also has a preventive component . . .
criminal law is generally retrospective in focus, in that it addresses past acts”
in “Administrative Detention of Terrorists: Why Detain, and Detain Whom?”
Journal of National Security Law and Policy 3 (2009): 12–13.
55. Coleen Rowley, “Memo to FBI Director Robert Mueller,” May 21, 2002, http://
globalresearch.ca/articles/ROW205A.html.
56. The FBI “provides guidance for law enforcement officers confronted with
an emergency that may require interrogating a suspect held in custody
about an imminent threat to public safety without providing Miranda warn-
ings.” Carl A. Benoit, “The ‘Public Safety’ Exception to Miranda,” FBI Law
Enforcement Bulletin (2011), http://www.fbi.gov/stats-services/publications/
law-enforcement-bulletin/february2011/legal_digest.
57. John Yoo, “The Legality of the National Security Agency’s Bulk Data Surveil-
lance Programs,” 9 I/S: A Journal of Law and Policy for the Information Society
(2014): 301.
58. El-Motassadeq was later re-tried and convicted but the case demonstrates that
“even in the most obvious and dramatic instances of terrorist involvement,
substantial conviction cannot always be achieved.” Brian Whitaker, “Mem-
ber of 9/11 Terror Cell Jailed,” The Guardian, August 19, 2005, http://www.
guardian.co.uk/world/2005/aug/20/september11.usa.
59. Lucian E. Dervan, “The Surprising Lessons from Plea Bargaining in the
Shadow of Terror,” Georgia State University Law Review 27, 2 (2011): 239–98.
60. The New York Times, “Ali Saleh Kahlah al-Marri,” May 1, 2009, http:// topics.
nytimes.com/top/reference/timestopics/people/m/ali_saleh_kahlah_al_
marri/index.html.
61. See, for example: Mark A. Rothstein, “Privacy and Technology in the Twenty-
First Century,” University of Louisville Law Review 52 (2014): 333, 339.
62. See, for example: Jameel Jaffer, “Needles are Harder to Find in Bigger Hay-
stacks,” The New York Times, June 10, 2013, http://www.nytimes.com/
roomfordebate/2013/06/09/is-the-nsa-surveillance-threat-real-or- imagined; Ron
Wyden and Mark Udall, “Wyden, Udall Issue Statement on Effectiveness of
Declassified NSA Programs,” June 19, 2013, http://www.wyden.senate.gov/news/
press-releases/wyden-udall-issue-statement-on-effectiveness-of-declassified-
nsa-programs; Kevin Drum, “The NSA’s Massive Call Record Surveillance Pro-
gram Barely Accomplishes Anything,” Mother Jones, July 31, 2013, http://www
.motherjones.com/kevin-drum/2013/07/nsa-surveillance-call-record-program;
and Robert Zubrin, “PRISM Costs Lives,” National Review Online, June 21, 2013,
http://www.nationalreview.com/article/351622/prism-costs-lives-robert-zubrin.
63. Keith Alexander, as quoted in “House Select Intelligence Committee Holds
Hearing on Disclosure of National Security Agency Surveillance Programs,”
Federation of American Scientists, June 18, 2013, pp. 5, 11–13, https://www.
fas.org/irp/congress/2013_hr/disclosure.pdf.