On June 16, 2002, Dennis Pluchinsky, a senior intelligence analyst at the U.S. Department of State, wrote an article in the Washington Post calling for censorship. The article began, "I accuse the media in the United States of treason." Pluchinsky, who worked counterterrorism in the government for twenty-five years, pointed to post-9/11 articles that revealed not scientific advancements, but American vulnerabilities in regard to the food supply, electricity, chemical production, transportation, and border security. He suggested that research conducted by the media could not have been funded by one, single terrorist organization: "Our news media, and certain think tankers and academicians, have done and continue to do the target vulnerability research for them."

Pluchinsky has a point. Terrorist organizations can and do use the media--and the protections afforded speech in the United States and the United Kingdom--to obtain and disseminate critical information.

The crucial point is this: Both liberal, democratic states, and nonstate terrorist organizations need free speech. Under what circumstances are the interests of the state secured and the opportunism of terrorist organizations avoided? Here, the experiences of the United States and United Kingdom prove instructive. On both sides of the Atlantic, where the state acts as sovereign, efforts to restrict persuasive political speech have relaxed over time to allow for more criticism. In the United States, Brandenburg v. Ohio cemented this shift. In the United Kingdom, change came gradually. The practical elimination of treason and seditious libel, and incorporation of the European Convention of Human Rights (ECHR) into domestic law through the 1998 Human Rights Act (HRA), marked the transition. If free speech remains central to our understanding of liberal democracy, it would nevertheless be naïve to rely on these alterations to protect expression in the contemporary counterterrorist environment--regardless of how remarkable they might be in the context of what went before.

Underlying my argument in this paper is a deeper concern that centers on the shifting nature of technology. What the average person could have done in 1776, or for that matter, 1976, to hurt either state pales in comparison to what a person with basic knowledge of microbiology, $1000, and a lab can do today. But neither American nor British law appears to have come to terms with what weapons of mass destruction, in terrorist hands, means for free speech.

This article won the 2004-2005 Steven M. Block Civil Liberties award for the best piece of writing in civil liberties at Stanford Law School. It also won second place in the national competition for the 2005 Judge John R. Brown Award for Excellence in Legal Writing, which recognizes the best legal writing by U.S. law students.

A joint Stanford University-Lawrence Livermore National Laboratory team of scientists, nuclear engineers and arms control experts has concluded in a new study that North Korea's compliance with the 1994 Agreed Framework can be verified to a satisfactory degree of accuracy. Special effort, however, will be needed from the International Atomic Energy Agency (IAEA), as well as support from the US, the Republic of Korea (ROK), Japan and perhaps other countries. Most importantly, cooperation and openness from North Korea are essential.

The 1994 Agreed Framework (AF) between the United States and the Democratic People's Republic of Korea (DPRK) has become the centerpiece of recent US efforts to reduce the threat of conflict on the Korean peninsula. Under the AF, the US and its allies (mainly South Korea) will provide the DPRK with two large nuclear-power reactors and other benefits such as annual shipments of fuel oil for the generation of electricity until the nuclear-power reactors being built for that purpose are able to do so. In exchange the DPRK will declare how much nuclear weapon-usable material it has produced; identify, freeze, and eventually dismantle specified facilities for producing this material; and remain a party to the nuclear Non-Proliferation Treaty (NPT) and allow the implementation of its safeguards agreement.

The AF is now being carried out according to a complex and currently delayed schedule. Fuel oil shipments have been provided to the DPRK, the site for the two nuclear-power reactors has largely been prepared, and construction has begun on some components. The DPRK, for its part, has declared some nuclear weapon-usable material and has identified and frozen some facilities for producing this material.

As emphasized in President Bush's statement at the White House on March 7, 2001, verification is an essential part of any agreement with North Korea. How well can it be verified that the DPRK has no access to nuclear weapon-usable material? What is the potential impact of delays, disagreements, and lack of cooperation on verification? The United States and the international community must answer these questions if the nuclear-power reactor project is to proceed as planned.

The report analyzes in detail both the task of safeguarding the nuclear-power reactors to be provided and also that of dealing with known or suspected nuclear-materials production facilities in the DPRK. Scenarios governing both DPRK cooperation and possible non-cooperation, up to and including abrogation of the agreement are considered.

The challenges of verification examined in this report must be met if a necessary minimum of trust is to be established between the parties and the rewards of the agreement are to be realized. The authors believe that the challenges can be met under the conditions outlined in this report, but that special effort on all sides will be needed to meet them.

This paper examines the impact on global warming of development and structural changes in the electricity sector of Guangdong Province, China, together with the possible effect of international instruments such as are generated by the Kyoto Protocol on that impact. The purpose of the paper is three-fold: to examine and analyze the data available, to put that data into an explanatory economic and institutional framework, and to analyze the possible application of international instruments such as CDMs in that locality. Our plans are to supplement this work with similar work elsewhere in China.

This research contributes to two groups of existing studies. First, several researchers have studied China's energy industry, including the utility sector, in the context of global greenhouse gas emissions and abatement policies. Not much attention has been paid to the electricity sectoral development at the sub-national level and its regional differences. Yet, important decisions are taken and important constraints operate at the sub-national level. Second, since the Kyoto Protocol provided for the Clean Development Mechanism (CDM) as a policy instrument to involve developing countries in carbon emissions abatement in 1997, a number of studies have focused on the operation of CDM. Applying CDM is challenging because its rule of additionality requires that a "baseline" estimate be made of what developing countries, including China, would do to reduce carbon emissions in the absence of CDM. Minimizing moral hazard and other incentive problems is a daunting task. The studies to date have focused on discussions of general embedded problems and desirable principles for applying the additionality rule. However, how to identify baseline factors in specific economies and evaluate their impact on the energy sector decisions in terms of transaction or institutional costs remain unsettled questions.

This study is a first step towards filling that gap. By investigating Guangdong's electricity sector, we hope to highlight new characteristics of Guangdong's electricity market and institutions, which may have been neglected from large model and highly aggregated approaches. At the same time, by examining the economic and institutional features of the decision making process in Guangdong's electricity sector, we hope to get a better understanding of the factors affecting possible baselines and to draw some preliminary implications for CDM and other carbon abatement policy instruments. This study may also provide a reference for other regional analyses and permit some preliminary implications for baseline and abatement policy studies to be drawn.