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THIS WEEK'S ARTICLES
China Hacking Is Deep and Diverse: Experts Say
Clinton Legacy: Hawk With Clipped Wings
China Asserts Dominance, Spars With West on Security
Sealed Court Files Obscure Rise in Electronic Surveillance
Crafting the Use of Executive Power

China Hacking Is Deep and Diverse: Experts Say
by: Danny Yadron, James T. Areddy, and Paul Mizur
May 29, 2014
Click here to view the full article on WSJ.com
Click here to view the video on WSJ.com WSJ Video

TOPICS: China, Technology

SUMMARY: Attempting to get at China's Internet espionage, the U.S. indicted five Chinese army officers. While this action exceeds previous efforts to stop China's computer hackers, former top U.S. officials say that this represents only the tip of the iceberg. Many of China's computer intruders do not work for the Chinese government, but represent private efforts to get into servers of U.S. companies such as Google, Lockheed Martin, and others. Officials in China have repeatedly said that they do not condone hacking and do not have control over the private Internet commercial espionage. Evidence suggests that China's governmental officials are not even aware of the Internet activities of its military.

CLASSROOM APPLICATION: Danny Yadron, James T. Areddy, and Paul Mizur examine the extent of Chinese intrusive cyber activities. The class can discuss how the use of computers and the Internet have made the government and private organizations much more vulnerable to espionage and cyber-attacks. Students can compare government security measures that typically were taken before the Internet and reasons that the Internet has made governments, private firms, and individuals vulnerable. Some agencies could use computer stored data on systems that are not connected to the Internet, similar to the Supreme Court's system for collaborating on opinions. However, even with this there are vulnerabilities. Prior to digitalization of records, Edward Snowden would not have been able to see and copy the records he did. Students can discuss how their own private information is now at risk of being hacked from their university records to their medical files. The class can list why the Chinese want to spy on the U.S. government and businesses. Students can indicate what counter-measures can be taken. Besides spying, cyber activities can be used to attack the U.S., especially the power grid. This was done, possibly by Israel with U.S.'s involvement, to slow Iran's nuclear developments.

QUESTIONS: 
1. (Introductory) Besides pursuing the legal path of indicting Chinese individuals, what other policies can the U.S. follow to reduce the amount of cyber espionage?

2. (Introductory) To what extent do you believe the revelations of Edward Snowden hurt U.S. anti-cyber espionage policy?

3. (Advanced) What kinds of actions could China take in retaliation to the U.S. efforts to stop Chinese Internet spying?

4. (Advanced) Related to Internet spying, what is the intellectual property issue that the U.S. has pressed on China?

Reviewed By: Edward Miller, University of Wisconsin-Stevens Point

RELATED ARTICLES: 
U.S. to Rev Up Hacking Fight
by Siobhan Gorman, Devlin Barrett, and James T. Areddy
May 23, 2014
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Clinton Legacy: Hawk With Clipped Wings
by: Peter Nicholas, Adam Entous, and Carol E. Lee
May 31, 2014
Click here to view the full article on WSJ.com
Click here to view the video on WSJ.com WSJ Video

TOPICS: Foreign Policy, Presidential Election

SUMMARY: Former Secretary of State Hillary Clinton, viewed as the leading potential Democratic Party president contender, is likely to stress her foreign policy experience should decide to run for president in 2016. During her time as Obama's chief diplomat, Clinton was not convinced as other foreign policy advisors were that the U.S. could productively work with Russia, and she was more inclined to involve the military in international situations, such as her willingness to arm Syrian rebels. While her former colleagues said that Clinton had strong views, they also said that she would not push hard for them in meetings. During her time as secretary of state, she was successful at promoting American business around the world, which she saw as efforts to improve America's economy as it emerged from the Great Recession. She is also credited with advancing America's leadership worldwide. which had declined during former President George W. Bush's administration. In agreement with President Barack Obama, she supported the military raid that killed bin Laden and action against Libyan dictator Mummmar Gaddafi, where she coordinated the international coalition. When the Arab Spring came to Egypt, Clinton was more willing to work with the then President Hosni Mubarak to establish a transitional government than other national security advisors because of uncertainty as to what would replace Mubarak's regime. International relations Professor Andrew Bacevich of Boston University said that he would give her an incomplete grade because it is difficult to point to a specific achievement or initiative. Dogging a possible run for presidency would be the Benghazi situation and her delay in putting Boko Haram on the list of terrorist groups.

CLASSROOM APPLICATION: Peter Nicholas, Adam Entous, and Carol E. Lee's front page story examines Hillary Clinton's record as secretary of state. The class can explain the duties of the Secretary of State, including as head of the bureaucracy of the State Department. Most countries have an embassy, which has a very large country team, which State Department foreign services officers are a part. Secretary of State logged many miles during her tenure. Students can discuss whether the prestige that Hillary Clinton had personally added to her influence in other countries in contrast to less well-know secretaries of state, such as William Rogers. In terms of influencing policy-making, students can analyze the decline in the influence of the secretary of state with the emergence of the Assistant to the President for National Security Affairs. Concern about the decline in the secretary of state's role is reflected in Alexander Haig's statement upon being named secretary that he would be the "vicar of foreign policy." This concerned was reflected in William Roger's role as secretary of state in the Nixon Administration, which was overshadowed by Henry Kissinger, who was National Security Advisor at that time. Given the importance of the president's international affairs role, the class can suggest why most of the modern presidents have had much more domestic policy experience, such as having been a governor, than experience in foreign policy. Should Clinton become a candidate, this would differ from those elected president in the 20th and 21st centuries in contrast to the 19th Century where many elected presidents had had a military career.

QUESTIONS: 
1. (Introductory) Discuss the rivals to the secretary of state in influencing the formulation of foreign policy in the post WW II era.

2. (Introductory) For Hillary Clinton, the deaths of the U.S. ambassador and other U.S. personnel at Benghazi will be a major issue she will have to face if she runs for president. First why have Republicans latched onto this issue when most of the questions that have been raised have been answered. Second, how successful do you think Republicans will be politically on this issue should Hillary Clinton run?

3. (Introductory) Why has the National Security Advisor become even more powerful than the Secretary of State in influencing the U.S. foreign policy?

4. (Advanced) What has well known figures, such as Hillary Clinton, brought to their role as Secretary of State that lesser known figures do not?

5. (Advanced) Having been secretary of state, what advantages and problems would follow her if she chooses to run for the presidency?

Reviewed By: Edward Miller, University of Wisconsin-Stevens Point

RELATED ARTICLES: 
Hillary Clinton Writes a Chapter on Benghazi
by Reid J. Epstein
May 30, 2014
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Hillary Clinton's Circle Isn't Sure She Should Run for President in 2016
by Peter Nicholas
Mar 18, 2014
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China Asserts Dominance, Spars With West on Security
by: Chun Han Wong, Julian E. Barnes, and Jeremy Page
Jun 02, 2014
Click here to view the full article on WSJ.com

TOPICS: China, Defense Policy

SUMMARY: In a strong response to Secretary of Defense Chuck Hagel's speech, which was critical of China for taking what Hagel referred to as destabilizing and unilateral actions in the South China Sea, China's deputy chief of general staff, Lt. Gen. Wang Guanzhong, strongly responded, saying that Hagel's talk was full of hegemony and intimidation, and was a provocative challenge to China. In an interview with a Chinese Language broadcaster, Wang said that U.S. power was declining. China, while concerned about U.S. military bases and alliances in East Asia, believes that China's economic strength and the unwillingness of the U.S. to enter another conflict gives China increased strength in the region. Further, neighboring countries, lacking the military power and having deep trade and economic ties, are reluctant to challenge China. However, a more aggressive China could result in other Asian countries forming alliances to balance Chinese power and could justify the U.S. maintaining a role in the region. China's action in moving a drilling rig in waters claimed by Vietnam; in seizing the Scarborough Shoal, an area claimed by the Philippines; in initiating the construction in the disputed Sprartly Islands; and in continued conflict over control of East Asian islands with Japan have escalated regional concerns.

CLASSROOM APPLICATION: Chun Han Wong, Julian E. Barnes, and Jeremy Page report of the increasing inflammatory rhetoric between the U.S. and China. The class can first examine the issue of "China's Rise," which some analysts are concerned about, fearing a strengthened military and increased aggression to neighboring countries, while others are less worried about, seeing the change being mainly economic and viewing China's military spending increases as representing nothing out of the ordinary. China continues to claim that its "rise" is peaceful and that they will go through proper procedures in dealing with disputed territory. Students can also analyze President Barack Obama's statements that the U.S. will focus more on Asia (the pivot to Asia) and America's role in the Pacific, suggesting less involvement in other areas of the world, such as the Middle East. Why Obama outlined this strategic policy can be discussed. The class can also suggest whether the recently concluded oil agreement between Russia and China hold an implication for restraining U.S. power. Lastly, reasons that China continues to challenge other East Asia countries for these territories can be listed, including the resources that these areas hold.

QUESTIONS: 
1. (Introductory) What is meant by "China's rise" and what different interpretations do different U.S. officials give to it?

2. (Introductory) Do you believe that China's strong response was because of Secretary of Defense Chuck Hagel's rhetoric, or would it have occurred regardless of how Hagel had put it?

3. (Advanced) In what ways is China considered important economically to the U.S.?

4. (Advanced) How is U.S. relations with China important to the U.S. in non-economic areas in East Asia?

Reviewed By: Edward Miller, University of Wisconsin-Stevens Point

RELATED ARTICLES: 
U.S. Making 'Important' Mistakes, Chinese General Says
by Trefor Moss and Julian Barnes
May 31, 2014
Online Exclusive


Sealed Court Files Obscure Rise in Electronic Surveillance
by: Jennifer Valentino-DeVries
Jun 02, 2014
Click here to view the full article on WSJ.com
Click here to view the video on WSJ.com WSJ Video

TOPICS: Constitution, Courts, Criminal Procedure, Wiretapping

SUMMARY: Government attorneys increasingly are asking courts to approve electronic surveillance requests, which allow government attorneys to follow those under investigation through a "pen register" that records phone numbers dialed and Internet addresses visited. Some have even been broader, obtaining all numbers called and received from a cellphone tower. Communications companies also have been secretly required to provide this type of information. To get a court order, the government must certify that it is related to an ongoing criminal investigation, but unlike search or wiretap warrants they never have to be revealed to the target of the investigation. Only if criminal charges are filled, does the surveillance become a part of the public record. Most electronic surveillance orders are sealed, many for years after the investigation has ended. The Department of Justice said that they will seek a warrant in situations where there is an expectation of privacy, such inside a home. After the Supreme Court ruled that investigators do not need a warrant, to get information on phone numbers dialed, Congress passed the Electronic Communications Privacy Act, which did not require a warrant to do these searches, but did require a court order, often issued by federal magistrates. With the increasing use of cell phones and the Internet, concerns have been expressed that an expansion of Fourth Amendment protections needs to be considered. Several judges around nation worry about the extended sealing of these case files with some making the files public many years after the investigations ended.

CLASSROOM APPLICATION: Jennifer Valentino-DeVries reports on a Wall Street Journal investigation of the widespread use of electronic surveillance and the sealing of files that contain court orders allowing these types of surveillance. The class can begin by discussing the Fourth Amendment and its relationship to wiretapping, which does need a court issued warrant. Students can then examine the Supreme Court decision, Katz v. U.S, which allowed a lesser standard to be used to obtain records of telephone calls made and received. The basic argument is that these records are held by a third party, which the privacy aspect of the Fourth Amendment does not extend to. With the increased use of electronic media and the availability of GPS tracking, privacy proponents believe that Congress and the Supreme Court need to revise their standards. Students can suggest whether this could already be occurring in the case where the government put a GPS tracking device on a vehicle after the original warrant had expired. (United States v. Jones) In this case, the court made a distinction between electronic monitoring and being followed by the police. The class can also address the issue of "expectation of privacy." Some argue that while you expect privacy when you call on a landline, you do not when you call on a cell phone because one knows that the airwaves are not protected and others may be able to listen to your calls. The sealing of these orders is a second matter. The class can debate whether individuals, who never have been indicted, should be told that their phone and internet connections were collected by investigators.

QUESTIONS: 
1. (Introductory) What did the Supreme Court say in Katz v. U.S.? Do you believe it is applicable to cell phones today?

2. (Introductory) With the mushrooming of social media and advertisers tracing your web browsing activity, some suggest that the younger generation is less concerned about maintaining their privacy than the older generation. What is your view?

3. (Advanced) The Supreme Court has said that investigators need a warrant to place a GPS device on your car and track your activities. However, they have not ruled whether police can do the same thing by obtaining GPS locational data from cell phone towers. If you were a Supreme Court justice, would you make a distinction? Explain.

4. (Advanced) Investigators argue that the court file needs to be sealed while the investigation is on-going to avoid the subject changing his or her behavior knowing that they are being "observed." However, what reason can be given for sealing the file if it turns out that no indictment is brought?

Reviewed By: Edward Miller, University of Wisconsin-Stevens Point

RELATED ARTICLES: 
Journal Files Legal Motions to Unseal Surveillance Documents
by Jennifer Valentino-DeVries
Jun 02, 2014
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Crafting the Use of Executive Power
by: Colleen McCain Nelson and Carol E. Lee
Jun 03, 2014
Click here to view the full article on WSJ.com
Click here to view the video on WSJ.com WSJ Video

TOPICS: Environmental Policy, Presidency, Regulation

SUMMARY: John Podesta, a former chief of staff to President Bill Clinton, was brought into the White House to help craft and sell rules to address climate change, a policy priority of President Barack Obama that he has been unable to get through Congress, and other executive initiatives. Podesta promoted potential carbon emissions limits by talking to environmental groups, legislators, and businesses about a proposed rule and a strategy to gain public support. To advance the latter, Obama did interviews, including with television meteorologists, to convince the public of the seriousness and importance of limiting carbon pollution,a key greenhouse gas affecting the climate. With little action in Congress, Podesta worked with Environmental Protection Agency Administrator Gina McCarthy in developing a rule to reduce carbon emission that would be promulgated under the Clean Air Act. Republicans opposed the draft rule, contending that it would kill jobs and increase electricity prices.

CLASSROOM APPLICATION: Colleen McCain Nelson and Carol E. Lee report on the role of White House counselor John Podesta in crafting an Environmental Protection Agency rule to contain carbon emissions. The class can first examine attacking climate change by promulgating a rule rather than passing a law, which had been done for acid rain (1990 amendment to the Clean Air Act). Students can note the legal basis for this rule under the Clean Air Act, Section 111(d), which had rarely been used. Under the rule making process, individuals and groups can submit comments and give their views at the regional hearings that the EPA will conduct. Comments will be published on the website http://www.regulations.gov. While this rule represents an administrative action, a law could be passed to overturn it. The difficulty of having this done can be noted. Not only has Congress failed to pass much, even if Congress did pass a law overturning the rule, the president could veto it, requiring a two-thirds vote of Congress to override the president's veto. The politics of advancing this rule can be examined. For Democrats, it implements a major policy priority of the president without having Democrats take a vote on it, which may benefit Democrats from coal producing and using states. However, it may put Democrats into political peril from these states, many of which are Republican dominated, in the November elections. Students can also analyze John Podesta's strategy of gaining public and interest group support prior to the advancement of the rule. Given the severe weather in many parts of the country last summer and during the winter, the class can suggest whether these events provide an opportunity to gain broader public support for the EPA's action. In terms of policy theory, could this year's weather be considered a triggering event, providing an open window to push climate change policy?

QUESTIONS: 
1. (Introductory) In a run-up to the publication of the carbon pollution rule, how did President Barack Obama work to frame the issue to gain the widest public support?

2. (Introductory) Rules must be made under a statute. This carbon limiting rule was issued under the Clean Air Act. What was more unusual in this case?

3. (Advanced) Why can the administration work closer with the Environmental Protection Agency in crafting a role than agencies such as the Communications Commission or the Security and Exchange Commission?

4. (Advanced) How did the carbon limiting rule take into account the position of some who oppose a strong federal governmental role?

5. (Advanced) Why do some say that there was an "open window" for achieving public support for climate change policy?

Reviewed By: Edward Miller, University of Wisconsin-Stevens Point

RELATED ARTICLES: 
New EPA Carbon Rules Pinch States Unevenly
by Amy Harder and Alicia Mundy
Jun 03, 2014
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Obama Intensifies Focus on Climate With New Assessment Report
by Colleen McCain Nelson and Alicia Mundy
May 05, 2014
Online Exclusive


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