Stanford University

Terrorist Speech and the Future of Free Expression

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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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Cardozo Law Review
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A Systems Analysis of the A.Q. Khan Network (in plain English)

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This presentation is based on a paper written by Anne Platt Barrows, Paul Kucik, William Skimmyhorn and John Straigis.

Paul Kucik is a Major in the U.S. Army. He served in Aviation units in a series of assignments, including Company Command. He then served as Assistant Professor in the Department of Social Sciences at the United States Military Academy. He later served as analyst and as deputy director of the U.S. Army Office of Economic and Manpower Analysis. He has a Bachelor of Science degree in Economics from the United States Military Academy and a Master of Business Administration from the Massachusetts Institute of Technology.

Anne Platt Barrows is a Member of the Technical Staff in the Advanced System Deployments department at Sandia National Laboratories in Livermore, California. She focuses on facility protection, primarily on defending facilities against attacks with chemical agents. She holds a B.S. degree in Electrical Engineering and a B.A. in Ethics, Politics, and Economics from Yale University.

William Skimmyhorn is a Captain in the U.S. Army. He has served in Aviation units in a variety of assignments including Bosnia, Kosovo and two tours in Korea. His jobs have ranged from Platoon Leader to Liaison Officer to Troop Commander. He is currently a dual Master's Student at Stanford University studying International Policy and Management Science and Engineering. He has a Bachelor of Science Degree in Economics from the United States Military Academy.

John Straigis is currently working as a Systems Engineer at Lockheed Martin Space Systems Company in Sunnyvale, California. He just celebrated his second anniversary with the company, and is presently in Special Programs. Concurrently, he is completing his second Master's degree from Stanford University, in Management Science and Engineering, with a focus on Decision and Risk Analysis. His first Master's, before beginning his career at Lockheed Martin, was in Aero/Astro Engineering, also from Stanford. For undergraduate, he attended Rose-Hulman Institute of Technology, in Terre Haute, Indiana, receiving double degrees in Chemical Engineering and Mechanical Engineering. Outside of work and school, he enjoys several sports, particularly ice hockey, in which he is the starting goaltender for the Stanford ice hockey team.

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Paul Kucik PhD Candidate Speaker Department of Management Science and Engineering, Stanford
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The Politics and Ethics of Nonproliferation

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A lasting legacy of the Cold War is the continued existence of weapons of mass destruction--uniquely, nuclear arms. The context in which they exist has been drastically changed in the realm of international politics. Father Hehir will probe the changed context of proliferation, as he addresses the continuing ethical and strategic challenges inherited from the past and now reshaped in this century.

 

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Drell Lecture Transcript: 

 

Speaker's Biography: J. Bryan Hehir is the Parker Gilbert Montgomery Professor of the Practice of Religion and Public Life at Harvard University and the Secretary for Social Services and the President of Catholic Charities for the Archdiocese of Boston. Father Hehir's research focuses on ethics and foreign policy, and the role of religion on world politics and in American society. His writings include The Moral Measurement of War: A Tradition of Continuity and Change and Military Intervention and National Sovereignty.

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J. Bryan Hehir Parker Gilbert Montgomery Professor of the Practice of Religion and Public Life, Kennedy School of Government Speaker Harvard University
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Drell Lecture

Thinking inside the box needed to secure borders, write CISAC professor and colleague

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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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The Bush Doctrine in Historical Perspective: The United States and Preventive War, 1941-1994

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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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Marc Trachtenberg Professor of Political Science Speaker University of California, Los Angeles
Seminars

Siegfried S. Hecker

CISAC
Stanford University
Encina Hall, C220
Stanford, CA 94305-6165

(650) 725-6468 (650) 723-0089
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Senior Fellow, Freeman Spogli Institute for International Studies, Emeritus
Research Professor, Management Science and Engineering, Emeritus
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Siegfried S. Hecker is a professor emeritus (research) in the Department of Management Science and Engineering and a senior fellow emeritus at the Freeman Spogli Institute for International Studies (FSI). He was co-director of CISAC from 2007-2012. From 1986 to 1997, Dr. Hecker served as the fifth Director of the Los Alamos National Laboratory. Dr. Hecker is an internationally recognized expert in plutonium science, global threat reduction, and nuclear security.

Dr. Hecker’s current research interests include nuclear nonproliferation and arms control, nuclear weapons policy, nuclear security, the safe and secure expansion of nuclear energy, and plutonium science. At the end of the Cold War, he has fostered cooperation with the Russian nuclear laboratories to secure and safeguard the vast stockpile of ex-Soviet fissile materials. In June 2016, the Los Alamos Historical Society published two volumes edited by Dr. Hecker. The works, titled Doomed to Cooperate, document the history of Russian-U.S. laboratory-to-laboratory cooperation since 1992.

Dr. Hecker’s research projects at CISAC focus on cooperation with young and senior nuclear professionals in Russia and China to reduce the risks of nuclear proliferation and nuclear terrorism worldwide, to avoid a return to a nuclear arms race, and to promote the safe and secure global expansion of nuclear power. He also continues to assess the technical and political challenges of nuclear North Korea and the nuclear aspirations of Iran.

Dr. Hecker joined Los Alamos National Laboratory as graduate research assistant and postdoctoral fellow before returning as technical staff member following a tenure at General Motors Research. He led the laboratory's Materials Science and Technology Division and Center for Materials Science before serving as laboratory director from 1986 through 1997, and senior fellow until July 2005.

Among his professional distinctions, Dr. Hecker is a member of the National Academy of Engineering; foreign member of the Russian Academy of Sciences; fellow of the TMS, or Minerals, Metallurgy and Materials Society; fellow of the American Society for Metals; fellow of the American Physical Society, honorary member of the American Ceramics Society; and fellow of the American Academy of Arts and Sciences.

His achievements have been recognized with the Presidential Enrico Fermi Award, the 2020 Building Bridges Award from the Pacific Century Institute, the 2018 National Engineering Award from the American Association of Engineering Societies, the 2017 American Nuclear Society Eisenhower Medal, the American Physical Society’s Leo Szilard Prize, the American Nuclear Society's Seaborg Medal, the Department of Energy's E.O. Lawrence Award, the Los Alamos National Laboratory Medal, among other awards including the Alumni Association Gold Medal and the Undergraduate Distinguished Alumni Award from Case Western Reserve University, where he earned his bachelor's, master's, and doctoral degrees in metallurgy.

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Panel Discussion: Hurricane Katrina and Homeland Security: What are the Connections and Research Implications?

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Lynn Eden is associate director for research/senior research scholar at CISAC. Eden received her Ph.D. in sociology from the University of Michigan, held several pre- and post-doctoral fellowships, and taught in the history department at Carnegie Mellon before coming to Stanford. Her book Whole World on Fire: Organizations, Knowledge, and Nuclear Weapons Devastation won the American Sociological Association's 2004 Robert K. Merton Award for best book in science, knowledge, and technology.

Michael May is professor emeritus (research) in the Stanford University School of Engineering and a senior fellow with the Freeman Spogli Institute for Intenrational Studies. He is the former co-director of Stanford University's Center for International Security and Cooperation, and a director emeritus of the Lawrence Livermore National Laboratory, where he worked from 1952 to 1988.

Charles Perrow is professor emeritus of sociology at Yale University. His current interests are in managing highly interactive, tightly-coupled-systems (including hospitals, nuclear plants, chemical plants, power grids, aviation, the space program, and intelligent transportation systems). These interests grew out of his work on "normal accidents," with its emphasis upon organizational design and systems theory. An organizational theorist, he is the author of a number of award winning books in the field of sociology.

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Lynn Eden

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Lynn Eden is a Senior Research Scholar Emeritus. She was a Senior Research Scholar at Stanford University's Center for International Security and Cooperation until January 2016, as well as was Associate Director for Research. Eden received her Ph.D. in sociology from the University of Michigan, held several pre- and post-doctoral fellowships, and taught in the history department at Carnegie Mellon before coming to Stanford.

In the area of international security, Eden has focused on U.S. foreign and military policy, arms control, the social construction of science and technology, and organizational issues regarding nuclear policy and homeland security. She co-edited, with Steven E. Miller, Nuclear Arguments: Understanding the Strategic Nuclear Arms and Arms Control Debates (Ithaca, N.Y.: Cornell University Press, 1989). She was an editor of The Oxford Companion to American Military History (New York: Oxford University Press, 2000), which takes a social and cultural perspective on war and peace in U.S. history. That volume was chosen as a Main Selection of the History Book Club.

Eden's book Whole World on Fire: Organizations, Knowledge, and Nuclear Weapons Devastation (Ithaca: Cornell University Press, 2004; New Delhi: Manas Publications, 2004) explores how and why the U.S. government--from World War II to the present--has greatly underestimated the damage caused by nuclear weapons by failing to predict damage from firestorms. It shows how well-funded and highly professional organizations, by focusing on what they do well and systematically excluding what they don't, may build a poor representation of the world--a self-reinforcing fallacy that can have serious consequences, from the sinking of the Titanic to not predicting the vulnerability of the World Trade Center to burning jet fuel. Whole World on Fire won the American Sociological Association's 2004 Robert K. Merton Award for best book in science, knowledge, and technology.

Eden has also written on life in small-town America. Her first book, Crisis in Watertown (Ann Arbor: University of Michigan Press, 1972), was her college senior thesis; it was a finalist for a National Book Award in 1973. Her second book, Witness in Philadelphia, with Florence Mars (Baton Rouge: Louisiana State University Press, 1977), about the murders of civil rights workers Schwerner, Chaney, and Goodman in the summer of 1964, was a Book of the Month Club Alternate Selection.

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Lynn Eden Associate Director for Research Speaker CISAC

Michael M. May

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Professor, Management Science and Engineering, Emeritus
FSI Senior Fellow
CISAC Faculty Member
Not in Residence
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Michael May is Professor Emeritus (Research) in the Stanford University School of Engineering and a senior fellow with the Freeman Spogli Institute for International Studies at Stanford University. He is the former co-director of Stanford University's Center for International Security and Cooperation, having served seven years in that capacity through January 2000.

May is a director emeritus of the Lawrence Livermore National Laboratory, where he worked from 1952 to 1988, with some brief periods away from the Laboratory. While there, he held a variety of research and development positions, serving as director of the Laboratory from 1965 to 1971.

May was a technical adviser to the Threshold Test Ban Treaty negotiating team; a member of the U.S. delegation to the Strategic Arms Limitation Talks; and at various times has been a member of the Defense Science Board, the General Advisory Committee to the AEC, the Secretary of Energy Advisory Board, the RAND Corporation Board of Trustees, and the Committee on International Security and Arms Control of the National Academy of Sciences. He is a member of the International Institute on Strategic Studies, and a Fellow of the American Physical Society and the American Association for the Advancement of Science.

May received the Distinguished Public Service and Distinguished Civilian Service Medals from the Department of Defense, and the Ernest Orlando Lawrence Award from the Atomic Energy Commission, as well as other awards.

His current research interests are nuclear weapons policy in the US and in other countries; nuclear terrorism; nuclear and other forms of energy and their impact on the environment, health and safety and security; the use of statistics and mathematical models in the public sphere.

May is continuing work on creating a secure future for civilian nuclear applications. In October 2007, May hosted an international workshop on how the nuclear weapon states can help rebuild the consensus underlying the Nuclear Non-Proliferation Treaty (NPT). Proceedings and a summary report are available online or by email request. May also chaired a technical working group on nuclear forensics. The final report is available online.

In April 2007, May in cooperation with former Secretary of Defense William J. Perry and Professor Ashton Carter of Harvard hosted a workshop on what would have to be done to be ready for a terrorist nuclear detonation. The report is available online at the Preventive Defense Project. A summary, titled, "The Day After: Action Following a Nuclear Blast in a U.S. City," was published fall 2007 in Washington Quarterly and is available online.

Recent work also includes a study of nuclear postures in several countries (2007 - 2009); an article on nuclear disarmament and one on tactical nuclear weapons; and a report with Kate Marvel for the American Academy of Arts and Sciences on possible game changers in the nuclear energy industry.

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Michael May Professor Emeritus Speaker Stanford
Charles Perrow Research Fellow Speaker CISAC; Professor of Sciology (emeritus) Yale University
Seminars

The Dangers of Accidental Ballistic Missile Launch

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During the Cold War the United States and the Soviet Union made launch-on-warning an important part of their nuclear strategies. To achieve the launch-on-warning capability both countries deployed networks of early-warning satellites and radars as well as command and control systems that allowed them to launch a retaliatory strike in response to a ballistic missile attack. These systems, which remain operational to this day, are believed to support the "hair-trigger alert" posture of strategic nuclear forces.

This presentation will consider the current status of the U.S. and Russian early-warning systems and the extent to which characteristics of these systems can contribute to the danger of an accidental ballistic missile launch. It will also analyze various proposals that aim at reducing the danger of accidental launch--de-alerting, reduction of strategic forces, repairing the Russian early-warning system, etc. It will be shown that most of these measures are inadequate and some may in fact increase the danger of an accident.

Pavel Podvig joined CISAC as a research associate in 2004. Before that he was a researcher at the Center for Arms Control, Energy and Environmental Studies at the Moscow Institute of Physics and Technology (MIPT). He worked as a visiting researcher with the Security Studies Program at MIT and with the Program on Science and Global Security at Princeton University, and he taught physics in MIPT's General Physics Department for more than ten years. Podvig graduated with honors from the Moscow Institute of Physics and Technology in 1988, with a degree in physics. In 2004 he received a PhD in political science from the Moscow Institute of World Economy and International Relations.

His research has focused on technical and political issues of missile defense, space security, U.S.-Russian relations, structure and capabilities of the Russian strategic forces, nuclear nonproliferation. He was the head of the Russian Strategic Nuclear Forces research project and the editor of a book of the same title, which is considered a definitive source of information on Russian strategic forces.

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Pavel Podvig

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Pavel Podvig is an independent analyst based in Geneva, where he runs his research project, "Russian Nuclear Forces." He is also a Senior Research Fellow at the UN Institute for Disarmament Research and a researcher with the Program on Science and Global Security at Princeton University. Pavel Podvig started his work on arms control at the Center for Arms Control Studies at the Moscow Institute of Physics and Technology (MIPT), which was the first independent research organization in Russia dedicated to analysis of technical issues of disarmament and nonproliferation. Pavel Podvig led the Center for Arms Control Studies project that produced the book, Russian Strategic Nuclear Forces (MIT Press, 2001). In recognition of his work in Russia, the American Physical Society awarded Podvig the Leo Szilard Lectureship Award of 2008 (with Anatoli Diakov). Podvig worked with the Program on Science and Global Security at Princeton University, the Security Studies Program at MIT, and the Center for International Security and Cooperation at Stanford University. His current research focuses on the Russian strategic forces and nuclear weapons complex, as well as technical and political aspects of nuclear nonproliferation, disarmament, missile defense, and U.S.-Russian arms control process. Pavel Podvig is a member of the International Panel on Fissile Materials. He has a  physics degree from MIPT and PhD in political science from the Moscow Institute of World Economy and International Relations.

For a list of publications, please visit http://russianforces.org/podvig/.

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Science, Technology and Security Seminars (2009-2010)
Ballistic Missile Defense Technology and Policy
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