Discussion Questions

  • Why are legal regimes dealing with terrorism and homeland security so challenging to establish?
  • What are some of the ways U.S. law defines terrorism? Why would a single government need multiple definitions of terrorism? Do you think it is possible to develop a single federal definition? Why or why not?
  • What are some of the areas of law that fall under the rubric of terrorism and homeland security? Of the ones discussed in this section, pick three you feel are the most important. Support your answer.
  • What do you feel is the most challenging aspect of developing domestic legal regimes to deal with terrorism and homeland security? Support your answer?
  • What do you feel is the most challenging aspect of developing international legal regimes to deal with terrorism and homeland security? Support your answer?
  • What are the four types of conventions described in this section?
  • Develop a title and three provisions for an international convention dealing with an issue or issues related to terrorism. Identify your convention based on the four types above. Justify the need for your convention.
  • Review the provisions of Security Council Resolution 1373. What amendments would you make to the resolution and why?
  • What are some of the most controversial provisions of the Patriot Act regarding information security and privacy? Which one concerns you the most? Why?
  • What is Section 605? Why is it controversial?
  • What is the mission of the DHS Privacy Office? What have been the main criticisms leveled at the office since its inception?
  • What is the REAL ID program? Do you think the U.S. should have a national identity card? Why or why not? Does the REAL ID program serve this need? Support your answer.
  • Based on Garson’s article, do you feel that individuals still maintain privacy in their online activities? To what extent? Support your answer.
  • How does Choi define the rule of law?
  • What links does Choi identify between the rule of law and domestic terrorism?
  • What links does Choi identify between the rule of law and international terrorism?
  • What is Choi’s hypothesis?
  • What are his conclusions? Do you agree? Why or why not?
  • What do you believe are the implications of Choi’s findings for U.S. domestic and foreign counterterrorism policy?