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You burst into the room. Sitting on a chair, blindfolded, his hands tied behind his back, is your prisoner. The room is dark, except for a lonely naked bulb hanging from the ceiling. He is sweating. He is afraid.

"Tell me where it is!" you scream. "Now!" You know there is little time left. Somewhere in your city, a time bomb is ticking. Whether it spits serin into the air, uranium into the water or atomic fire into the heavens, you do not know.

He does. But he is not talking. Involuntarily, you raise your hand as if to strike. What you are about to do violates the law and your conscience. And yet. ...

In peacetime, torture ranks next to murder as a primal sin. But during war, the debate begins over whether this evil can ever be justified to combat the seemingly greater evil of the enemy. Harvard law Professor Alan Dershowitz has said torture should be legalized.

In early October, the U.S. Senate voted 90-9 to ban it. Although Secretary of State Condoleezza Rice and President Bush have both recently asserted that "We do not torture," five U.S. Army Rangers were charged in November for punching and kicking detainees in Iraq, secret U.S. prisons have caused anxiety in Europe, and Vice President Dick Cheney has battled to win the CIA an exemption from the torture ban. As late as December, the U.S. House of Representatives stood poised to defeat the White House.

Few of us will ever be asked to torture. But, indirectly, all of us have to make a choice: to support, as citizens, those politicians who back torture, or those who seek its prohibition.

The decision of an individual to support, or reject, torture seems at first to be a purely moral question. But what would be the long-term consequences to society if we were to make this radical break with the past?

One cannot do experiments with societies, or predict the future, but, it turns out, one can attempt to address this issue using the cold, hard tools of mathematics and logic. This story begins in 1963.

The United States and the Soviet Union are on the perpetual brink of war, balanced like two sides of an equation. On the American side are "game theorists" like Thomas Schelling, recently awarded the Nobel Prize for his work on the strategy of conflict. On the Soviet side, there is the solitary mathematical psychologist Vladimir Lefebvre.

Just as mathematics could be used to describe logical reasoning, Lefebvre saw that mathematics could be used to describe ethical reasoning. If something was good -- for example, "church," "democracy," "prosperity," "kindness" -- it had value "1."

If something was evil -- "earthquake," "famine," "military defeat," "murder" -- it had value "0." But rarely were ethical situations so simple. For instance, "killing" is bad (0) but protecting one's country is good (1) -- so is war 1 or 0?

Lefebvre saw that, at the crudest level, there were essentially two types of ethical systems. Those that held that employing evil means to attain just ends was good, and those that saw that employing evil means to attain good ends was wrong.

There were also, crudely put, two types of relations between individuals: those entailing compromise (or cooperation) and those entailing confrontation.

Of course, evil people rarely see themselves as evil. So Lefebvre had to incorporate in his model of human nature the capacity of human beings to judge -- correctly or incorrectly -- the goodness or evil of their own acts, and to reflect upon their own judgments, and others'. "Reflexive Theory" was born.

It quickly became a paradigm within the Soviet defense establishment, with the publication of books such as "Mathematics and Armed Conflict." Nothing like it was known in the West.

With very simple assumptions -- for instance, that an individual who correctly sees his actions to be good when they are good, and evil if they are evil, is more highly regarded by society than an individual who incorrectly sees himself -- Lefebvre showed that in a society that accepted the compromise of good with evil, individuals would more often seek the path of confrontation with each other.

Lefebvre's insights were called upon by the State Department during negotiations with Mikhail Gorbachev in Reykjavik, Iceland. (And perhaps Lefebvre's model could be re-enlisted to help U.S. officials understand and negotiate with Arab and Muslim heads of state, who must also negotiate with their people.)

In support of Lefebvre's revolutionary new theory, a survey of Soviet émigrés and Americans was conducted in the 1970s. They were asked questions like, "Should a doctor conceal from a patient that he has cancer in order to diminish his suffering?" Overwhelmingly, the Americans would say no, and overwhelmingly, the Soviets yes. The Soviets accepted the compromise of good with evil; the Americans rejected it.

What does this mean? If Americans begin to accept the use of torture, American society might turn into a society of individuals in conflict.

Not uniformly, thanks to something called free will, but generally, with harmful consequences for society: Imagine two roads, with a stream of cars moving along each one. Each driver wants to reach his destination as quickly as possible; on occasion, drivers will impede each other.

On the first road, drivers rise in their own, and in other drivers', estimation if they yield. Drivers on the second road lose face when they yield. It is clear that traffic will move faster on the first road than on the second.

It can be argued that repressive states like Saudi Arabia, which bred most of the Sept. 11 hijackers, are on the second road. If the United States moved to accept torture, it could veer toward the second road, too -- the road of the Soviet Union.

And we know where that road ends. The Soviet Union no longer exists.

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This article adopts a two-tiered approach: it provides a detailed, historical account of anti-terrorist finance initiatives in the United Kingdom and United States--two states driving global norms in this area. It then proceeds to a critique of these laws. The analysis assumes--and accepts--the goals of the two states in adopting these provisions. It questions how well the measures achieve their aim. Specifically, it highlights how the transfer of money laundering tools undermines the effectiveness of the states' counterterrorist efforts--flooding the systems with suspicious activity reports, driving money out of the regulated sector, and using inappropriate metrics to gauge success. This article recognizes that both states consider the fight against terrorism to be partly military but also a matter of bringing certain democratic principles to bear. Critics have been quick to condemn some of the measures for their encroachments into civil liberties. My goal is not to measure the success of the laws according to any particular ideology but rather, accepting the governments' democracy-promoting goals, and the role these play in generating domestic and international support, to clarify which components do not appear to serve the states' aims.

This article won Stanford Law School's Carl Mason Franklin Prize for 2005-2006, for most distinguished written work in international law.

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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.

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Lawrence M. Wein
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The president's border security and immigration reform proposals won't protect Americans from the gravest cross-border threat: the possibility that a ship, truck or train will one day import a 40-foot cargo container in which terrorists have hidden a dirty bomb or nuclear weapon. To tackle this problem, policymakers need to think inside the box, write CISAC's Lawrence M. Wein and colleague Stephen E. Flynn in this New York Times op-ed.

This week President Bush will seek to focus the nation's attention on border security and immigration reform. But the president's proposals won't protect Americans from our gravest cross-border threat: the possibility that a ship, truck or train will one day import a 40-foot cargo container in which terrorists have hidden a dirty bomb or nuclear weapon.

The Bush administration maintains that it has a smart strategy to reduce this risk. A new 24-Hour Rule requires that importers report the contents of their containers to customs inspectors one day before the boxes are loaded on ships bound for the United States. The Department of Homeland Security's National Targeting Center then reviews the data, checking against other intelligence to determine which boxes may pose a threat. Although the containers deemed high risk are inspected at cooperating foreign ports or when they enter the United States, the rest--more than 90 percent--land here without any perusal.

We have two concerns about this strategy. First, it presumes that the United States government has good enough intelligence about Al Qaeda to reliably discern which containers are suspicious and which are not. But our inability to thwart the attacks in Iraq demonstrates that we lack such specific tactical intelligence. And supporting customs inspectors, who must make the first assessment of risk, is not a priority for the intelligence agencies. Inspectors must rely on their experience in spotting anomalies--a company that claims to be exporting pineapples from Iceland, for example.

Second, determined terrorists can easily take advantage of the knowledge that customs inspectors routinely designate certain shipments as low risk. A container frequently makes 10 or more stops between its factory of origin and the vessel carrying it to American shores. Many of the way stations are in poorly policed parts of the world. Because name-brand companies like Wal-Mart and General Motors are widely known to be considered low-risk, terrorists need only to stake out their shipment routes and exploit the weakest points to introduce a weapon of mass destruction. A terrorist cell posing as a legal shipping company for more than two years, or a terrorist truck driver hauling goods from a well-known shipper, can also be confident of being perceived as low risk.

So what needs to be done? A pilot project under way in Hong Kong, the world's largest container port along with Singapore, offers one piece of a potential solution. At an estimated cost of $7 per container, new technology can photograph the box's exterior, screen for radioactive material, and collect a gamma-ray image of a box's contents while the truck on which it is carried moves at 10 miles per hour.

Terrorists can defeat radiation sensors by shielding a dirty bomb with dense materials like lead. But by combining those sensors with gamma ray images, the Hong Kong system allows inspectors to sound the alarm on suspiciously dense objects. Inspectors would need to analyze enough of the scans--perhaps 20 percent to 30 percent--to convince terrorists that there is a good chance that an indistinct image will lead a container's contents to be sent for more reliable X-ray or manual examinations. Images of container contents would then be reviewed remotely by inspectors inside the United States who are trained to spot possible nuclear weapons.

If terrorists were to succeed in shipping a dirty bomb, for example, the database of these images could serve as a kind of black box--an invaluable forensic tool in the effort to identify how and where security was breached. That information could help prevent politicians from reacting spasmodically and freezing the entire container system after an attack.

Such a program could significantly reduce the likelihood that terrorists will smuggle plutonium or a dirty bomb through American ports. But it still would not stop a terrorist from importing highly enriched uranium, which can be used to construct a nuclear weapon. Lengthening the time that a container is screened for radiation would help, and this could be done without increasing waiting times if additional monitors were added to the Hong Kong system near the gate where the trucks must already stop for driver identification checks. Better still would be for the Department of Homeland Security to make the development of new technology that can recognize the unique signature of highly enriched uranium an urgent priority.

Finally, we must find ways to ensure that terrorists do not breach containers before shipments arrive at loading ports. Sensors should be installed inside containers in order to track their movements, detect any infiltration and discern the presence of radioactive material. Where boxes are loaded, certified independent inspectors should verify that companies have followed adequate protocols to ensure that legitimate and authorized goods are being shipped.

Taken together, these recommendations will require new investments and an extraordinary degree of international cooperation. But increased container security will not only help the United States prevent terrorism, it will also help all countries reduce theft, stop the smuggling of drugs and humans, crack down on tariff evasion and improve export controls. What's more, such a program would require an investment of just one one-hundredth of the capital that could be lost if we shut down the global container shipping system after an attack.

Container security is a complex problem with enormous stakes. American officials insist that existing programs have matters well in hand. But we cannot afford to take these perky reassurances at face value while the same officials fail to embrace promising initiatives like the Hong Kong pilot project.

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Marc Trachtenberg, a historian by training, now teaches political science at UCLA. He's the author of a number of works on twentieth century international politics, including most notably A Constructed Peace: The Making of the European Settlement, 1945-1963. He just finished a book due to come out this spring called The Craft of History: A Guide to Method.

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How do you stop a terrorist?

You can work hard: Post men and equipment at every street corner, every port, every bay, every slip of beach, every straight stretch of asphalt long enough to land a plane.

You will spend billions, and your lines will be thin. All you've done is build the "impregnable" Atlantic Sea Wall--which the Allies punched through in hours on D-Day.

You've got to work smarter, not harder.

The opening line of the Oscar-winning movie A Beautiful Mind is "Mathematicians won the war." During World War II, the mathematics underlying cryptography played an important role in military planning.

Thereafter came a new kind of war. After the first frosts descended in the Soviet East, perhaps $2 billion were spent in the development of Game Theory.

Now again we face a new kind of war. And we need a new kind of mathematics to fight it.

Since 2001, tremendous amounts of information have been gathered regarding terrorist cells and individuals potentially planning future attacks. There is now a pressing need to develop new mathematical and computational techniques to assist in the analysis of this information, both to quantify future threats and to quantify the effectiveness of counterterrorism operations and strategies. Concepts and techniques from mathematics--specifically, from Lattice Theory and Reflexive Theory--have already been applied to counterterrorism and homeland security problems. The following is a partial list of such problems.

1. Strategies for disrupting terrorist cells

2. Data analysis of terrorist activity

3. Border penetration and security

4. Terrorist cell formation

Jonathan Farley is a CISAC science fellow and a professor in the Department of Mathematics and Computer Science at the University of the West Indies, Jamaica. His work focuses on applying lattice theory and other branches of mathematics to problems in counterterrorism and homeland security.

In 2001-2002 he was one of four Americans to win a Fulbright Distinguished Scholar Award to the United Kingdom. In the calendar years 2003 and 2004 he taught as a professor in the Department of Applied Mathematics at the Massachusetts Institute of Technology. In 2004 he received the Harvard Foundation's Distinguished Scientist of the Year Award, a medal presented on behalf of the president of Harvard University for "outstanding achievements and contributions in the field of mathematics." The City of Cambridge, Mass., declared March 19, 2004, to be "Dr. Jonathan David Farley Day."

He obtained his doctorate in mathematics from Oxford University in 1995, after winning Oxford's highest mathematics awards, the Senior Mathematical Prize and Johnson University Prize, in 1994. He graduated summa cum laude from Harvard University in 1991 with the second highest average in his graduating class.

Farley's work includes the solution of a problem posed by universal algebraist George Gratzer that remained unsolved for 34 years, and the solution (published in 2005) of a problem posed in 1981 by MIT mathematics professor Richard Stanley.

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Scholars attribute conventional violence in a nuclear South Asia to a phenomenon known as the "stability/instability paradox." According to this paradox, the risk of nuclear war makes it unlikely that conventional conflict will escalate to the nuclear level, thereby making conventional conflict more likely. Although this phenomenon encouraged U.S.-Soviet violence during the Cold War, it does not explain the dynamics of the ongoing conflict between India and Pakistan. Recent violence has seen Pakistan or its proxies launching limited attacks on Indian territory, and India refusing to retaliate in kind. The stability/instability paradox would not predict such behavior. A low probability of conventional war escalating to the nuclear level would reduce the ability of Pakistan's nuclear weapons to deter an Indian conventional attack. Because Pakistan is conventionally weaker than India, this would discourage Pakistani aggression and encourage robust Indian conventional retaliation against Pakistani provocations. Pakistani boldness and Indian restraint have actually resulted from instability in the strategic environment. A full-scale Indo-Pakistani conventional conflict would create a significant risk of nuclear escalation. This danger enables Pakistan to launch limited attacks on India while deterring all out Indian conventional retaliation and attracting international attention to the two countries' dispute over Kashmir. Unlike in Cold War Europe, in contemporary South Asia nuclear danger facilitates, rather than impedes, conventional conflict.

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David Hafemeister is a physics professor at California Polytechnic State University, but this academic year he's at Stanford University studying ways to keep the Comprehensive Test Ban Treaty viable for the U.S. Senate to consider ratifying. Jonathan Farley, a professor in the mathematics and computer science deparment at the University of the West Indies, is here this year as well, conducting a mathematical analysis of counterterrorism operations. They are among seven science fellows now visiting the Center for International Security and Cooperation (CISAC), part of the Freeman Spogli Institute for International Studies at Stanford.

With fellowships in the sciences and social sciences, CISAC, directed by political science Professor Scott Sagan, brings top scholars to campus to find solutions to complex international problems.

This year's fellows "are a select and exciting set of scholars doing innovative work on important issues of international security--which now includes homeland security," said Lynn Eden, CISAC's associate director for research. "All of us at CISAC are very much looking forward to having our new crew on board."

The other CISAC science fellows are:

  • Manas Baveja and Yifan Liu, both doctoral candidates at the Institute for Computational and Mathematical Engineering at Stanford, who use mathematical models to study homeland security;
  • Chaim Braun of Altos Management Partners, who is working on a United Nations nuclear energy project;
  • Belkis Cabrera-Palmer, a physics doctoral candidate from Syracuse University, who is studying nuclear energy issues in Latin America; and
  • Sonja Schmid, a lecturer in Stanford's Science, Technology and Society Program, who is working on a book aimed at understanding the decisions that produced and sustained the civilian nuclear energy program in the Soviet Union from the 1950s through the 1980s.

Charles Perrow, professor emeritus of sociology from Yale University, is among seven pre- and postdoctoral fellows in social science disciplines who are also visiting CISAC. Perrow is working on a project to reduce homeland security vulnerabilities. CISAC's other postdoctoral social science fellows are:

  • Tarak Barkawi, a lecturer at the Centre for International Studies at the University of Cambridge in England, who is examining why small wars have big consequences, and
  • Alex Montgomery, a doctoral candidate in political science at Stanford, whose project deals with U.S. post-Cold War nuclear counterproliferation strategies.

CISAC's predoctoral fellows in social science are:

  • Dara Cohen, a doctoral candidate in political science at Stanford, who will examine the efficacy of post-9/11 domestic security legislation;
  • Matthew Rojansky, a law student at Stanford, whose project explores the legitimacy of international institutions and legal instruments in the war on terror;
  • Jacob Shapiro, a doctoral candidate in political science at Stanford, whose project looks at the organizational consequences of terrorist motivation; and
  • Jessica Stanton, a doctoral candidate in political science at Columbia University, who is examining compliance with international laws of war during civil war.

CISAC also is hosting Robert Carlin of the Korean Peninsula Energy Development Organization, a visiting scholar whose project addresses U.S.-North Korea relations, and Laura Donohue, who is writing a book, Counterterrorism and the Death of Liberalism, while completing a law degree at Stanford Law School. Patrick Roberts, who comes to Stanford from the University of Virginia, where he earned a doctorate in politics, will examine bureaucratic autonomy and homeland security reorganization.

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Concepts and techniques from mathematics--specifically, from lattice theory and reflexive theory--have already been applied to counterterrorism and computer security problems. The following is a partial list of such problems:

  1. Strategies for disrupting terrorist cells
  2. Data analysis of terrorist activity
  3. Border penetration and security
  4. Terrorist cell formation
  5. Information security

This article proposes the creation of a European Institute for Mathematical Methods in Counterterrorism (IMMC), to be based in Austria. Such an institute would require minimal investment but could serve as a catalyst to draw several million euros in research grants and contracts to Austria. This influx of funding would benefit not merely scientists and firms working in homeland security, but other aspects of Austrian science as well.

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Two of the 10 Stanford University undergraduates who completed CISAC's Interschool Honors Program in International Security Studies this year earned awards for their theses.

Sheena Elise Chestnut, a political science major, received a Firestone Medal for her thesis, "The 'Sopranos State'? North Korean Involvement in Criminal Activity and Implications for International Security." The Firestone Medal recognizes the top 10 percent of Stanford University's undergraduate honors theses.

Jessica McLaughlin, a management science and engineering major, received the William J. Perry Award for her thesis, "A Bayesian Updating Model for Intelligence Analysis: A Case Study of Iraq's Nuclear Weapons Program." The Perry Award recognizes excellence in policy-relevant research in international security studies.

In a June graduation ceremony outside Stanford University's Encina Hall, CISAC faculty member Mariano-Florentino Cuéllar, CISAC Postdoctoral Fellow Tonya L. Putnam, and CISAC Co-Director Scott D. Sagan presented students with certificates and thesis awards.

At a CISAC Directors' Seminar on June 1, Chestnut and McLaughlin presented their award-winning theses to an audience of 50 fellow students, faculty members and guests. Chestnut also gave a special seminar at CISAC in May, hosted by APARC and the Preventive Defense Project at CISAC.

The names, majors and thesis titles of eight others who completed the CISAC honors program are

Zack Cooper, public policy, Roman and British Experiences with Maritime Piracy and Implications for Combating Terrorism Today

Nina Hsu, political science, Chinese Assistance in the Pakistani Nuclear Program

Sohan Japa, biomechanical engineering, A Path to Peril: Understanding the Technical Hurdles of Biological Weapon Production

Bradley Larson, political science, Soft Power: US Foreign Aid Post-9/11

Frances Lewis, international relations, The Yellow Light Reactor: An Explanation of the Stop and Go Progress at Bushehr

Victor Marsh II, international relations, A Responsibility to Consult? Local Policy Ownership During Transitional Governance

Christopher Williams, physics, Closing the Nuclear Fuel Cycle: A Component Based Analysis of Options for Spent Fuel Management"

Ming Zhu, international relations, Power and Cooperation: Understanding the Road Towards a Truth Commission

Begun in 2000 to help develop the next generation of security specialists, CISAC's honors hrogram accepts 12 to 14 Stanford undergraduates each year, from any disciplines. Those selected attend a two-week CISAC honors college in Washington, D.C., complete an internship with a security-related organization, attend a year-long core seminar on international security research and produce an honors thesis with policy implications for international security. After fulfilling their individual department course requirements and completing the honors program, participants graduate in their major with an honors certificate in international security studies.

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