Edward Snowden: Whistleblower or Traitor?

1371935280000-AP-NSA-Surveillance-Snowden-1306221711_4_3_rx404_c534x401Earlier this month, I learned that as a Verizon Wireless customer, my cell phone records, and those of family, may very well be sitting in some National Security Agency (NSA) analyst’s cubicle.

According to The Guardian, which first reported the story June 5, Verizon is under a court order to turn over on an “ongoing, daily basis,” information such as “the numbers of both parties on a call . . . location data, call duration, unique identifiers, and the time and duration of all calls,” and more.  However, no subscriber’s personal information or contents of a call are covered by the order.

Shortly after the story broke, Edward Snowden, a 29-year-old former NSA contractor, came forward as the informant. Time Magazine quotes Snowden as saying, “The public needs to decide whether these programs and policies are right or wrong.” He has since been charged with theft of government property, unauthorized communication of national defense information, and willful communication of classified communications intelligence information to an unauthorized person.  Snowden may currently be in Moscow and is rumored to be heading to Ecuador to seek political asylum there.

Because the information that Verizon turns over is considered metadata and not communications, the NSA needs no warrant to access it. Even so, by putting together enough metadata, one can fairly easily put together a profile of who is calling whom, for how long, and from where.  While no actual content is turned over to the NSA, the breadth of this program—code named PRISM—should frighten any American because the information is handed over wholesale; no probable cause or suspicion of wrongdoing needed.  And, boom.  The NSA is keeping tabs on you.

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A Response to the Claim of Chinese Sovereignty Over Okinawa

800px-Qing_Dynasty_1820According to recent news reports, a growing group of Chinese officials and scholars has commenced a semiofficial campaign to challenge Japanese sovereignty over Okinawa. This is of course in addition to the widely publicized Chinese efforts to challenge Japanese control over the Senkaku / Diaoyu Islands. The basis for the claim to Okinawa appears to be a combination of early history and the Cairo Declaration, which the United States, China, and the United Kingdom issued in 1943 to help prepare the post-war order in East Asia. The argument goes like this: Okinawa and the other Ryukyu Islands were originally Chinese territory because the Ryukyu Kingdom was a tributary state of the Ming and Qing Dynasties; Japan stole the Ryukyus by invading them in 1609 and formally annexing them in the late 1870s; the Allies demanded the reversion of sovereignty over Okinawa to China in 1943 by stating in the Cairo Declaration that “all the territories Japan has stolen from the Chinese . . . shall be restored to the Republic of China”; and Japan agreed to the reversion of sovereignty by accepting the 1945 Instrument of Surrender, which provided for the enforcement of the Cairo Declaration. In this post, I’d like to identify a few reasons why this argument is unpersuasive.

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Why Study Law Abroad?

I have had the pleasure of attending law school abroad at Koç University in Istanbul, Turkey, and I am currently studying at the University of Copenhagen for one semester.  Other American law students have occasionally asked me about the benefits of studying law abroad.  Some may wonder whether I will be adequately prepared to practice in the United States, given my focus on foreign law.

My fellow law students and I will enter a legal world that is more globalized than ever before.  American clients are increasingly becoming subject to jurisdictions beyond United States borders, as corporations are diversifying their business throughout the world in response to the world-wide economic turmoil in recent years.  Now, it would not be uncommon for a business to be incorporated in Delaware, and have affiliated companies in Brazil and France.  This same company may well hold bank accounts in Switzerland, have assets in South Africa, invest in Saudi Arabia, and conduct business transactions in Japan.  As a result, lawyers may be asked to provide advice on how a French subsidiary of an American parent company would be taxed and whether any international tax conventions apply; what happens if an American financial institution enters into a contract with a Saudi lender and the contract fails to meet the strict requirements of Islamic finance law; or what if an American car dealer enters into a sales contract with a German car manufacturer and the contract fails to meet EU sales directives?  Questions such as these are becoming more and more relevant and American attorneys need to be able to provide answers to clients who wish to do business abroad. 

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