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7 Nat'l Sec. L. Brief 1 (2017)

handle is hein.journals/natislaw7 and id is 1 raw text is: 


STRENGTHENING SECTION 702


STRENGTHEN SECTION 702: A CRITICAL INTELLIGENCE TOOL VITAL
                  TO  THE  PROTECTION OF OUR COUNTRY


                           DEBORAH SAMUEL SILLS*



    The  rising globalization of terrorist organizations and  their ever more

sophisticated  abilities to reach people throughout  the world  has deepened   the

threat of terrorist activities both in the United States and abroad.  Recent

events  show  that terrorist groups overseas have  influenced  homegrown

terrorist acts in the United States.' Many  of these same  overseas  terrorist



* Intelligence Community Fellow at Georgetown University Law Center, attorney with the
Federal Bureau of Investigation, and former Counsel to the President's Intelligence Oversight
Board. The views expressed in this article are my personal views and do not necessarily
represent the views of any person or entity, including the United States Government. Nothing
in the contents of this article should be construed as implying United States Government
authentication of information. I especially would like to thank Professor David Koplow for his
insightful guidance and encouragement throughout the drafting process. I would also like to
thank Professor Laura Donohue, Judge James Baker, Professor James Zirkle, Professor
William Buzbee, Tina Zimmerman, Robert Litt, my colleagues, particularly Karen Davis Miller,
my husband, Jonathan Sills, and the members of the Georgetown Law Summer Workshop
Group  for their valuable and helpful comments. I am grateful to Professor Donohue and
Susan Gibson for creating the fellowship program between Georgetown University Law Center
and the United States Intelligence Community. I appreciate the dedication of the members of
the editorial staff of the National Security Law Brief, American University Washington College
of Law, particularly Ayat Mujais, for their meticulous review of this article.
1 Sarah Frostenson, Most Terrorist Attacks in the US are Committed by Americans - Not Foreigners,
Vox  (Sept. 9, 2016) (Homegrown terrorism commonly refers to terrorist acts committed by a
government's own citizens.). See Marc Santora, William K. Rashbaum, Al Baker and Adam
Goldman, Abmad  Khan Rahami Is Arrested in Manhattan and New Jersey Bombings, NEW YORK
TIMES (Sept. 19, 2016), http://www.nytimes.com/2016/09/20/nyregion/nyc-nj-explosions-
ahmad-khan-rahami.html; (reporting that on September 17, 2016, Ahmad Khan Rahami set off
two bombs in New York City and Seaside Park, New Jersey, injuring 29 people); see also Marc
Santora and Adam Goldman, Abmad Khan Rahami Was Inspired by Bin Laden, Charges Say, NEW
YORK  TIMES (Sept. 20, 2016), http://www.nytimes.com/2016/09/21/nyregion/ahmad-khan-
rahami-suspect.html (reporting that, according to a criminal complaint, Rahami was inspired by
international terrorists and was charged with several criminal offenses including use of
weapons of mass destruction and bombing a place of public use); see also Mitch Smith, FB.I
Treats MinnesotaMal Stabbing Attack as 'PotentialAct of Terrorism, NEWYORK TIMES (Sept. 18,
2016), http://www.nytimes.com/2016/09/1 9/us/police-shoot-attacker-in-minnesota-mall-
after-8-are-stabbed.html (noting that on September 17, 2016, ISIS claimed responsibility for a
stabbing attack at a Minnesota shopping mall, in which nine people were injured); see also Asher
Klein and Cathy Rainone, Who is Omar Mateen, Gunman in America's Deadlest Mass Shooting?
NBC4  NEW  YORK  (June 12, 2016), http://www.nbcnewyork.com/news/local/Who-Omar-
Mateen-Suspected-Florida-Nightclub-Gunman-382619981.html (describing that Omar Mateen,


Vol. 7, No. 1


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