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Beth Duff-Brown
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CISAC Co-Director Amy Zegart and nine other national security and intelligence scholars were recently invited to the headquarters of the National Security Agency in Fort Meade, Md., for unprecedented talks with high-ranking officials. They discussed cybersecurity, the plummeting public trust in the agency, its relationship with Congress and how to rebuild the agency’s reputation and rethink its program operations. 

The academics were first taken to the black granite wall carved with the names of 171 military and civilian cryptologists who have died in service. “I think they wanted us to know that this is an organization of people, not some robots trolling through your emails,” said Zegart, author of the book, “Spying Blind,” which examines why U.S. intelligence agencies failed to adapt to the terrorist threat before the 9/11 attacks. 

The scholars were then taken to a windowless conference room for several hours of what Zegart called remarkably frank and free-ranging talks about the agency and its tactics.

The NSA is one of the world’s most secret intelligence gathering organizations. Its methods have come under intense scrutiny with a series of damaging leaks about its operations. Former NSA contractor Edward Snowden and national intelligence reporters have revealed tactics that have left many Americans cold and questioning the legality and necessity of the agency’s methods. From monitoring emails and phone calls, to secretly cracking encryption codes that protect personal email as well as financial and medical records and Internet chats – the revelations just keep coming. Civil liberty organizations and Internet privacy advocates here at Stanford are outraged, while some foreign governments are accusing Washington of Big Brother tactics run amok. 

Zegart answers questions about those perceptions and her Sept. 23 briefing at NSA headquarters.

 Are the accusations that the NSA is Big Brother squared fair?

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If you look at the reporting on the NSA so far, there is zero evidence of a widespread, deliberate and nefarious plan by the agency to violate the law and spy on American citizens. This is a policy debate, not a scandal. There’s no question in my mind that the NSA has interpreted its legal authority to the maximum extent of the law possible. They’ve taken what Congress has granted them and they have pushed to the edge – but that’s a very big difference from running amok.  

How did this unprecedented meeting come about and why do you think the senior NSA officials – who asked not to be identified – called on social scientists?

In our group, the last time someone went to the NSA was in 1975, which tells you how rare it is for them to invite academics in. The was a sense at senior levels that they need to think more systematically and long-term about education, about being more open to academics coming in and doing research about the NSA and hearing what academics have to say. In part, thought-leaders at universities can play a role in transmitting some of the complexities in which the NSA operates – the tradeoffs the agency is confronting and the constrains under which they are operating. 

The other academics invited to the NSA on Monday were William Inboden of the University of Texas, Austin; Michael Desch of Nortre Dame University; Jeffrey Engel and Joshua Rovner of Southern Methodist University; Thomas Mahnken of the U.S. Naval War College; Richard Betts of Columbia University; Benjamin Wittes of The Brookings Institution; Kori Schake of Stanford University; and Robert Chesney of the University of Texas, Austin.

 

 One thing this meeting highlighted for me is that the NSA is not free to respond to the criticism it gets in the press. It’s intertwined with other organizations that have a say in how it responds: the Office of the Director of National Intelligence, the FBI, the Justice Department and the White House. And they have never had to deal with the spotlight before. They gave me this statistic: Last summer, there were 167 legitimate questions from the press; in the summer of 2013 there were 1,900 media requests. That’s a tenfold increase. This is a whole new world for this agency. And to go against secrecy is just totally counter to their culture. This was a bold step for them to have us come in.

 

Did the NSA officials talk about whether they had broken any laws? 

They definitely wanted us to believe that what they are doing is lawful and effective. I believe the lawful part; I’m not so sure about the effective part. I think they haven’t looked hard enough about what effective means. Do they know it when they see it? And who’s to judge?

They were quick to point out that they’re under extensive oversight both by Congress and the Foreign Intelligence Surveillance Act (FISA) court. The question is whether Americans are comfortable with the lines that have been drawn by their own government and if they’re comfortable with the lack of transparency. The NSA is really bad at letting us know what the gains are (from surveillance) and they’ve struggled with how to deal with the public reaction to the Snowden revelations. 

This is an intelligence agency and they’re supposed to be stealing information from other governments; that’s what we pay them to do and other governments would use those capabilities in an instant if they had them. That has gotten lost in the debate. When I talk to my parents and friends, they think that the NSA is listening in on their phone calls. That’s just not true. They’re examining phone logs: who called whom and for how long. No one is listening to your conversation with grandma.

 

The fundamental problem is that the NSA is highly regulated – but nobody trusts the regulatory framework."

Did you discuss former NSA contractor Edward Snowden? 

Extensively. It’s the biggest breach in the agency’s history. They’ve been in crisis mode since June. They’ve been putting our fires every day and the arsonist is still out there. NSA officials told us that they know 125 documents have been compromised; they believe Snowden probably has already passed to the press another 50,000 documents and that the entire tranche that he may have taken is bigger than that. But there’s a question about whether that tranche is accessible, that Snowden may have done things to make some of his data hard to read.  

They said Snowden didn’t just download documents he himself had access to. He used social engineering, convincing someone else to give him access to additional information to breach security protocols. Meanwhile, Snowden had plenty of avenues for whistleblowing, including five inspectors-general and the members of the congressional intelligence committees, but he availed himself of none.

 

Have Snowden’s actions endangered national security or international relations? 

The standard lines about “irreparable harm” are not convincing to many people because they are so vague, we’ve heard them so often, and the government classifies boatloads of information that shouldn’t be secret. But NSA officials got a little more specific. They said Snowden has hurt national security in three ways: The first is that he revealed government surveillance capabilities. Second, he’s revealed politically embarrassing things that are harming relations with our allies – and they believe there is more to come. (Brazilian President Dilma Rousseff postponed a state visit to Washington, for example, following the release of evidence that the U.S. spied on Brazilian politicians and business leaders.) They said Snowden has a pattern of releasing embarrassing information around big international meetings, such as the G20 summit. The third damaging impact is that Snowden has hurt the NSA’s ability to produce intelligence.

 

What are some of the challenges and solutions moving forward? 

Intelligence is a political loser and so you see a lot of members of Congress who says they are shocked – shocked! – to find out what the NSA is doing when they had full opportunity to be briefed on these programs for a long time. So they’re making political hay out of NSA’s difficulties. Most members of Congress have zero incentive to actually learn anything about the complexities of intelligence because the voters don’t hear about it and they don’t reward them for it. 

The near-term challenge is to stop Congress from doing something stupid, such as the wholesale cancelling of NSA programs and capabilities. The medium-term challenge is to figure out what sensible options there are to restoring the public trust and make the NSA more transparent and more targeted in its collection approach. When NSA chief Keith Alexander steps down, we are going to see all of these issues come to a head in a very public way with the confirmation of the next director. 

The longer-term challenge is creating better mechanisms to assess whether NSA should do things just because it can technically – to weigh the wisdom and efficacy of programs, not just their legality. The NSA also needs a sustainable education campaign so that when things break in the news, legislators and constituents have an understanding of what this agency does and can put these revelations into perspective.

They definitely wanted us to believe that what they're doing is lawful and effective; I believe the lawful part, I'm just not so sure about the effective part." 

 

What are the strengths of the NSA that the public doesn’t get to see? 

The NSA is the organization that’s responsible for information assurance, like if you’re in government on a secure phone line. And most people don’t know the NSA wrote the codes to protect our nuclear arsenal from day one. So the NSA has two, often conflicting missions. One is signals intelligence, which is offense, and the other is the information assurance that is defense. In an era of cyber vulnerabilities, information assurance is huge. They feel like they were doing what they were authorized to do and serving the mission and that they are being characterized as evil for doing what they think is right.

 

What were your biggest takeaways from this meeting? 

I would say one of the things that I did walk away from the meeting hearing – and I think that perhaps this is the big policy question – is that the NSA orientation is to collect now, ask questions later. So the question is: Is that the right operating philosophy; are we comfortable as a democratic society with that collect-now-ask-later approach?

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Why have militarized crackdowns on drug cartels had wildly divergent outcomes, sometimes exacerbating cartel-state conflict, as in Mexico and, for decades, in Brazil, but sometimes reducing violence, as with Rio de Janeiro's new 'Pacification' (UPP) strategy?  CDDRL-CISAC Post Doctoral Fellow Benjamin Lessing will distinguish key logics of violence, focusing on violent corruption--cartels' use of coercive force in the negotiation of bribes. Through this channel, crackdowns can lead to increased fighting unless the intensity of state repression is made conditional on cartels' use of violence--a key difference between Mexico and Brazil.

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Why have militarized crackdowns on drug cartels had wildly divergent outcomes, sometimes exacerbating cartel-state conflict, as in Mexico and, for decades, in Brazil, but sometimes reducing violence, as with Rio de Janeiro's new 'Pacification' (UPP) strategy?  CDDRL-CISAC Post Doctoral Fellow Benjamin Lessing will distinguish key logics of violence, focusing on violent corruption--cartels' use of coercive force in the negotiation of bribes. Through this channel, crackdowns can lead to increased fighting unless the intensity of state repression is made conditional on cartels' use of violence--a key difference between Mexico and Brazil.

Speaker Bio:

Benjamin Lessing is a recent Ph.D. in Political Science from the University of California, Berkeley. He is a joint postdoctoral fellow at the Center on Democracy, Development and the Rule of Law (CDDRL) and the Center on International Security and Cooperation (CISAC), and will join the Political Science faculty at University of Chicago as assistant professor in 2013.

Lessing studies 'criminal conflict'—organized armed violence involving non-state actors who, unlike revolutionary insurgents, are not trying to topple the state. His doctoral dissertation examines armed conflict between drug trafficking organizations and the state in Colombia, Mexico and Brazil. Additionally, he has studied prison gangs’ pernicious effect on state authority, and the effect of paramilitary groups’ territorial control on electoral outcomes. 

Prior to his graduate work, he conducted field research on the licit and illicit small arms trade in Latin America and the Caribbean for international organizations like Amnesty International, Oxfam, and the Small Arms Survey, as well as Viva Rio, Brazil’s largest NGO, and was a Fulbright Student Grantee in Argentina and Uruguay.

 

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Benjamin Lessing Post-doctoral Fellow Speaker CDDRL and CISAC

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Senior Fellow at the Freeman Spogli Institute for International Studies
Graham H. Stuart Professor of International Relations
Professor of Political Science
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MA, PhD

Beatriz Magaloni is the Graham H. Stuart Professor of International Relations, a Professor in the Department of Political Science, Senior Fellow at the Freeman Spogli Institute for International Studies (FSI), and affiliated faculty at the Center on Democracy, Development and the Rule of Law, the Center for Global Ethnography, and the Stanford Center on Global Poverty and Development. 

Her first book, Voting for Autocracy: Hegemonic Party Survival and its Demise in Mexico (Cambridge University Press, 2006), won the Best Book Award from the Comparative Democratization Section of the American Political Science Association and the 2007 Leon Epstein Award for the Best Book published in the previous two years in the area of political parties and organizations. Her second book, Strategies of Vote Buying: Democracy, Clientelism, and Poverty Relief in Mexico (co-authored with Alberto Diaz Cayeros and Federico Estévez), studies the politics of poverty relief. Why clientelism is such a prevalent form of electoral exchange, how it distorts policies aimed at aiding the poor, and when it can be superseded by more democratic and accountable forms of electoral exchange are some of the central questions that the book addresses.

In 2010 she founded the Poverty, Violence, and Governance Lab (POVGOV). There she pursues a research agenda focused on violence, human rights and poverty reduction. The mission of  POVGOV is to develop action-oriented research through the elaboration of scientific knowledge that is anchored on state-of-the-art methodologies, multidisciplinary work, and innovative on-the-ground research and training. The Lab regularly incorporates undergraduate, masters, Ph.D. and post-doctoral students to pilot and evaluate interventions to reduce violence, combat human rights abuses and improve the accountability of law enforcement and justice sytems.

Her work has appeared in the American Journal of Political Science, World Development, Comparative Political Studies, Annual Review of Political Science, Latin American Research Review, Journal of Theoretical Politics and other journals.

Prior to joining Stanford in 2001, Professor Magaloni was a visiting professor at UCLA and a professor of Political Science at the Instituto Tecnológico Autónomo de México (ITAM). She earned a Ph.D. in Political Science from Duke University. She also holds a law degree from ITAM.

Affiliated faculty at the Center on Democracy, Development, and the Rule of Law and CISAC
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Beatriz Magaloni Associate Professor of Political Science Commentator Stanford
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A Wake-up Call for America: We Must Connect with the World

Former U.S. Sen. Russ Feingold, currently the Mimi and Peter E. Haas Distinguished Visitor at Stanford’s Haas Center for Public Service, uses an anecdote in his new book, While America Sleeps: A Wake-up Call for the Post-9/11 Era, to illustrate his concern that Americans have become too insular as a result of the 2001 terrorist attacks. While teaching at Marquette University Law School during the Arab Spring of last year, an undergraduate penned a column lamenting that so many students not only could not find Tunisia on the map – they could spell Kardashian before Kazakhstan.

Feingold writes that he admired this student for his confession about his lack of knowledge on global affairs, then quotes the final thought of the young columnist: “We are connected to the rest of the world in ways few of us can fully fathom, from the shoes we wear and coffee we drink to the cell phones we carry and the tweets we post.”

In a recent interview, CISAC Co-Director Mariano-Florentino Cuéllar and Feingold discuss steps to be taken to ensure that all Americans – young and old, inside the Washington beltway and out on the farm in Wisconsin – take a patriotic stand by engaging with the world to restore our national unity and regain global respect.    

Senator Feingold, what prompted you to write this book now?

Feingold: For me, as for many Americans, 9/11 was a life-changing event, the wake-up call in which we all understood that we no longer could be safe just assuming the world would take care of itself. We got misdirected with things like Iraq and we developed this sort of invade-one-country-at-a-time approach. There was also exploitation of the fears from 9/11 for domestic agendas, from the Patriot Act to the way that Muslims and Arabs are treated in this country. And then, finally, with the rise of the tea party, I feel like we went back to sleep. But there are signals all over the place, of the continued presence of al-Qaida and the continued potency of al-Qaida, not to mention so many other trends from the Chinese influence in Africa to the Iranian influence in Latin America. We aren’t connecting as a government or as a people in a way that I think is commensurate with our place in the 21st century. I’m trying to issue a warning that we’re going to get fooled or surprised again if we think we can just go back to being just sort of safely over here across the oceans. That’s just not the world anymore.

So how do you wake up Americans and make them realize we cannot, as you say, survive as a nation without being active and aware of global events and trends? 

Feingold: It’s at all levels. I happen to think we have a good president and I think he’s going to be a great president by the end of his second term. And I think he’s started the process of alerting Americans to the need to connect to all places in the world; he’s leading us toward a global vision of the kind that I think we have to have to be safe and to be competitively successful and to be well perceived by the rest of the world. The president and other leaders should call on each of us to try and become citizen diplomats. Three hundred million people should be urged as part of their patriotic duty not just to go to the moon as we once were, but go to the rest of the world. This isn’t Pollyanna; this is about being safe. I don’t think this country is geared up to make that connection and I think it’s a fatal flaw. The Russians, the Chinese and the Iranians, they’re all over the world and they have a plan for what they’re doing. We don’t.

What do you see as the most pressing global security issues today?

Cuéllar:  The United States is confronting a changing world, where countries like India, Brazil, and China are evolving and assuming greater importance. Engaging these countries to address problems like nuclear proliferation will be critical in the years ahead.  The world also faces a persistent problem involving failed or failing states. In places like Somalia, piracy is not only a regional problem in the Gulf of Aden.  The problem is an example of how threats can affect multiple countries and impact flows of commodities, disrupting the rule of law, highlighting the challenges of governing common resources such as international sea lanes. Another challenge is the enormous potential of technology to change people’s lives for the better, coupled with risks that arise which we are only in a very imperfect and incomplete way managing; risks of vulnerabilities in our infrastructure; risks of theft of intellectual property, risks of disruption of organizations.

Feingold: I like this answer because Prof. Cuéllar did not just say, “Well, it’s Russia and Iran and Colombia.” There’s this tendency to just speak of countries. We’re just trained to say, “OK what’s the hot spot and let’s just worry about that.” Like right now it’s Iran; a few months ago it was Yemen. In my book what I’m trying to point out is that you have to look at trends and overall tendencies around the world and somehow we have to have the capacity to deal with more than one thing at a time.

Senator Feingold, you called the Bush Administration’s terrorist surveillance program – the wiretapping and surveillance of emails and financial records without court approval – one of the worst assaults on the Constitution in American history. How does the government protect our constitutional rights to privacy and probable cause while monitoring criminal and terrorist networks in a digital age?

Feingold: The assault on the Constitutional by the administration was not about whether we could do those things, its whether or not the president would basically make up his own laws just because we’re in a crisis. That to me is completely unconstitutional. We understand that a president might have to take emergency action and he may have to come to Congress and say, you know I did this, it may be beyond the law, would you please pass a law to approve it, or I’ll stop doing it. That’s not what Bush did. Bush hid it. Bush hid what he was doing on torture; Bush hid what he was doing on wiretapping. That’s a very dangerous thing that completely saps our strength from within and is completely unnecessary to stop the terrorists.

Cuéllar: The challenge of living up to our constitutional values while we secure the country is always critical. It requires organizations that can learn from their mistakes to be honest with each other enough and recognize when they have overstepped their bounds, that make good use of entities like inspectors-general, that leverage the ability of Congress to do oversight. These are all elements of making our constitutional values relevant. So me the challenge has always been how to you leverage all the information technology and all our ability to make smart, thoughtful, careful decisions – including decisions that do permit appropriate degrees of surveillance and intelligence – in order to avoid superficial reactions against individuals who simply appear threatening.

What key steps should the U.S. government take to improve its counter-terrorism efforts both at home and abroad?

Feingold: The first thing is to recognize the nature of the threat. One of the chapters in the book is called A Game of Risk, where we seem to think the way to counter terrorism is to invade a country and stay there forever and say we have to stay there or the terrorist are going to come back. But this isn’t the nature of al-Qaida or similar organizations. President Bush used to say there were 60 countries where al-Qaida was operating and, of course, one thing that was embarrassing about it was that Iraq wasn’t one of them. But we’re still in this place today. Al-Shabab in Somalia; al-Qaida and the Islamic Maghreb in northern Africa; a group called Boko Haram in Nigeria, which looks very much like an al-Qaida group, has pulled off some 70 attacks in the last year. So this is an international organization that communicates with each other and they’re not done just because Osama bin Laden is gone. So let’s not get caught unawares again.

Senator Feingold, what was your most memorable, defining challenge in Congress and how did that change the way you see yourself and the world around you?

It had to do with recognizing when 9/11 occurred that there really was a group of people out there who would love to kill all of us and, despite the fact that I’m progressive and I voted against most military interventions, just saying to myself: look, there are times when threats are real. And it caused me to actually seek to be on the Intelligence Committee which is something I never wanted to do; I was not sure of the importance of intelligence in the post Cold War era and it was a real change for me. I remember having an emotional response, saying, “You know what? This is real; what these folks did was real and they have intimidated an entire country if not the world.” I wanted to know everything I could about how they came to be and what they were planning next, and to be a person who could try to think ahead for other kinds of threats so we as Americans can get ahead of threats instead of being the people who are reacting.

 

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From Oxford University Press:

There is a broad consensus among scholars that the idea of human rights was a product of the Enlightenment but that a self-conscious and broad-based human rights movement focused on international law only began after World War II. In this narrative, the nineteenth century's absence is conspicuous--few have considered that era seriously, much less written books on it. But as Jenny Martinez shows in this novel interpretation of the roots of human rights law, the foundation of the movement that we know today was a product of one of the nineteenth century's central moral causes: the movement to ban the international slave trade. Originating in England in the late eighteenth century, abolitionism achieved remarkable success over the course of the nineteenth century. Martinez focuses in particular on the international admiralty courts, which tried the crews of captured slave ships. The courts, which were based in the Caribbean, West Africa, Cape Town, and Brazil, helped free at least 80,000 Africans from captured slavers between 1807 and 1871. Here then, buried in the dusty archives of admiralty courts, ships' logs, and the British foreign office, are the foundations of contemporary human rights law: international courts targeting states and non-state transnational actors while working on behalf the world's most persecuted peoples--captured West Africans bound for the slave plantations of the Americas. Fueled by a powerful thesis and novel evidence, Martinez's work will reshape the fields of human rights history and international human rights law.


Features

  • Forces us to fundamentally rethink the origins of human rights activism
  • Filled with fascinating stories of captured slave ship crews brought to trial across the Atlantic world in the nineteenth century
  • Shows how the prosecution of the international slave trade was crucial to the development of modern international law
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Infectious diseases, especially those transmitted from person to person through the respiratory route, continue to pose a threat to the global community. Public health surveillance systems and the International Health Regulations are intended to facilitate the recognition of and rapid response to infectious diseases that pose the risk of developing into a pandemic, but the response to the 2009 H1N1 influenza pandemic illustrates the continuing challenges to implementing appropriate prevention and control measures. The response to the 2009 H1N1 influenza pandemic will be discussed and its implications examined.


Speaker biography:

Arthur Reingold, MD is Professor and Head of the Division of Epidemiology and Associate Dean for Research in the School of Public Health (SPH) at the University of California, Berkeley (UCB). He holds concurrent appointments in Medicine and in Epidemiology and Biostatistics at the University of California, San Francisco (UCSF). He completed his BA and MD degrees at the University of Chicago and then completed a residency in internal medicine at Mt. Auburn Hospital in Cambridge, Massachusetts. He is board certified in internal medicine and holds a current medical license in California, but has devoted the last 25 years to the study and prevention of infectious diseases in the U.S and in developing countries throughout the world.

He began his career as an infectious disease epidemiologist at the U.S. Centers for Disease Control and Prevention (CDC), working there for eight years. While at CDC, he worked domestically on Toxic Shock Syndrome, Legionnaires’ disease, bacterial meningitis, fungal infections, and non-tuberculous mycobacterial infections and internationally on epidemic meningitis in West Africa and Nepal.

Since joining the faculty at UCB in 1987, he has worked on a variety of emerging and re-emerging infections in the U.S.; on acute rheumatic fever in New Zealand; and on AIDS, tuberculosis, malaria, and acute respiraatory infections in Brazil, Uganda, Ivory Coast, Zimbabwe, India and Indonesia. He has directed the National Institutes of Health (NIH) Fogarty AIDS International Training and Research Program at UCB/UCSF since its inception in 1988; co-directed (with Dr. Duc Vugia of the California Department of Health Services), the CDC-funded California Emerging Infections Program since its inception in 1994; and served as the Principal Investigator of the UCB Center for Infectious Disease Preparedness (CIDP) since its inception in 2002.

He also has ongoing research projects concerning malaria in Uganda; HIV/AIDS and related conditions in Brazil; and tuberculosis in India.  He regularly teaches courses on epidemiologic methods, outbreak investigation, and the application of epidemiologic methods in developing countries, among others. He also teaches annual short courses on similar topics in Hong Kong, Brazil, Switzerland, and other countries.

He has been elected to membership in the American Epidemiological Society; fellowship in the American Association for the Advancement of Science and the Infectious Diseases Society of America; and membership in the Institute of Medicine of the National Academy of Sciences. In Hong Kong, He has a close working relationship with Chinese University, particularly with its School of Public Health and its Centre for Emerging Infectious Diseases. Dr. Reingold gives short courses at the School of Public Health each year and he serves on the Advisory Board of the Centre for Emerging Infectious diseases.

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Arthur Reingold Professor of Epidemiology and Associate Dean of Research Speaker UC Berkeley School of Public Health
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1. Eight U.S. presidents have said that the United States wants China to be strong, secure, and prosperous. Do you share that objective and what consequences, positive and negative, has China’s rise had for the United States?

2. What is the best way for the United States to respond to the rise of China, India, Brazil, and other large and rapidly growing countries?

3. Do you consider China a partner or an adversary of the United States -- and what should U.S. policy toward China seek to accomplish?

4. Given the importance of defense industry jobs, especially in Republican-leaning states, is it politically necessary for the U.S. to have an enemy to justify a U.S. military budget larger than the total military budgets of most other nations, many of which are allies of the United States. In other words, do we “need” to depict China as an adversary?

5. Robert Zoelleck, when he was deputy secretary of state, urged China to become a "responsible stakeholder" in the international system.  What did he mean by that and, in your opinion, is China a responsible participant in the international system

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More than 40,000 people have died in drug-related homicides in Mexico since 2006, and recent figures indicate that the pace and severity of drug-related violence is increasing. Organized crime is widespread and appears deeply embedded throughout much of the country. Citizens feel an increasingly pervasive sense of insecurity, and the situation is causing growing concern throughout the hemisphere. 

In an attempt to understand and develop potential solutions to these problems, a group of political scientists, economists, lawyers, policy-makers, and military experts from around the world will visit Stanford this October for a private, two-day conference that will explore problems of violence, organized crime, and governance in Mexico, as well as other countries that have experience tackling similar issues. 

“The increasing violence in Mexico is a major problem for Mexicans and the entire region,” says Mariano-Florentino Cuéllar, incoming co-director of Stanford’s Center for International Security and Cooperation, one of the lead sponsors of the event. “The situation underscores the urgency of problems involving crime, security, and governance not only in our hemisphere but throughout the world. Investigating these problems from a comparative perspective will bring us closer to solutions that can improve security and accountability.” 

In a series of discussions, panelists from the United States, Mexico, Colombia, Brazil, and Germany will examine the effect Mexico's violence has had on civil society, the role of U.S. policies in affecting organized crime and violence, and what lessons may have been learned about combating violence in other contexts, such as the U.S. counterinsurgency strategy in Afghanistan, police and security reform in Brazil, and the sharp decline in drug-related violence in Colombia. Participants will also look at the potential mechanisms for developing institutional capacity and the rule of law in some of the world’s most fragile democracies. 

“Conflict and insecurity pose the greatest challenge to the development of effective institutions of governance and rule of law in Mexico,” says Beatriz Magaloni, a political scientist and the director of the Program on Poverty and Governance at Stanford University's Center on Democracy, Development and Rule of Law. “But surprisingly little is known about the dynamics of violence. Greater understanding could help policy makers craft and pursue effective strategies for tackling the issues in a comprehensive way.” 

The event, scheduled for October 3 and 4, will conclude with a public address by Karl Eikenberry, the former U.S. ambassador to Afghanistan. He is currently in residence at Stanford as the 2011-2012 Frank E. and Arthur W. Payne Distinguished Lecturer at the Freeman Spogli Institute for International Studies. 

Other sponsors of the conference include the Center for Latin American Studies and the Stanford Law School.

 

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The conference will bring together a multidisciplinary group of political scientists, economists, and lawyers, together with policy makers and military experts in Mexico and the United States, seeking to provide better answers about how to confront drug-related violence and strengthen the rule of law and state capacity in Mexico.

While the focus is on Mexico, we believe that sharing research strategies and findings from other settings, notably Colombia, Brazil, and Afghanistan, will contribute to the debate on the current state and future trajectory of Mexico’s situation.

The conference seeks to foster an exchange of ideas based on the analysis of various actors in contentious environments, including, but not limited to, drug trafficking organizations. Examining the mechanisms behind the violence in Mexico from a comparative perspective will bring us closer to developing constructive policy recommendations to reduce violence in Mexico.

Mr. Karl Eikenberry will deliver a keynote address at the end of the day on Thurs., Oct. 3rd, and that part of the event will be open to the public.

Stanford University

Mr. Karl Eikenberry Former US Ambassador to Afghanistan Keynote Speaker
Mr. Arturo Sarukhán Ambassador of Mexico to the United States Keynote Speaker
Mr. Alejandro Poiré Secretario Técnico del Consejo de Seguridad Nacional and Government Spokesman for Security Issues Keynote Speaker Government of Mexico
Mr. José Mariano Beltrame Secretary of Security for the State of Rio de Janeiro Keynote Speaker
Mr. Alejandro Martí Mexican businessman Keynote Speaker
Conferences

On October 3-4, 2011, the Stanford University Program on Poverty and Governance at the Center on Democracy, Development, and the Rule of Law and the Center for International Security and Cooperation, in conjunction with the Center for Latin American Studies, the Stanford Law School, and the Bill Lane Center for the American West, hosted a conference to discuss the problem of violence, organized criminal activity, and governance. In particular, the conference focused on growing concerns about Mexican security. Participants examined the issue from a comparative perspective, drawing lessons from the experience of Afghanistan, Colombia, and other countries that have grappled with similar challenges.

Among other topics, the conference explored the root causes of the dramatic upswing in violence in Mexico in recent years, compared those problems to chronic violence and illicit activity in other countries, and considered potential solutions that could reduce the risk of violence in the future. The conference was held at Stanford University in the Bechtel Conference Center in Encina Hall. Participants included scholars and doctoral candidates from the United States, Mexico, Colombia, and Germany, representatives from the U.S. Departments of Justice and Treasury, and the Mexican Embassy.

Context of the Problem

Crime and violence pose a serious challenge to Mexico. According to one of the participants, between January 2007 and December 2010, official statistics confirm that approximately 40,000 homicides have occurred. The problem appears to be growing worse, with 2011 on pace to become the most violent year on record.

The rising violence in Mexico has resulted in a sharply heightened sense of fear among citizens, who now feel the presence of cartels in their every day lives. The use of extortion and kidnapping by cartels combined with a lack of trust in security forces terrorizes the population and makes them feel like they have no where to turn. Despite this fact, crime rates in Mexico remain lower than in other parts of Latin America. Venezuela, for example, has among the highest homicide rates in the world. Yet the pervasive infiltration of cartels into public life gives Mexicans a heightened sense of the severity of violent crime in their own country.

There are no simple answers explaining these developments. Some participants trace the violence back to the 1980s when the United States began working closely with the Colombian government to stem the flow of cocaine across the Caribbean, and to disrupt powerful Colombian criminal organizations. The scholars suggested that the crackdown on those illegal trafficking routes caused the drug trade to divert through Mexico on the way to markets in the United States. These trade routes strengthened Mexican drug trafficking organizations (DTOs), thereby altering the landscape and scale of illicit activity in the country.

Some participants also noted the importance of  attributing other factors to explain the growing violence in Mexico, citing four domestic factors. First, the efforts made by President Felipe Calderón of Mexico to crack down on drug-related violence after his inauguration in 2006; second, the fragmentation of Mexican cartels due to the capture or assassination of "kingpins" in the organizations; third, a diversification in the economic incentives of the DTOs; and fourth, the weak status of rule of law in Mexico.

These four explanations are by no means independent of each other, and the endogenous nature of these factors is exactly why it is so difficult to stop the increasing violence in Mexico. Indeed, examining these four factors a bit further makes it clear that they are closely linked. Following his inauguration, President Calderón made violence and drug trafficking top priorities. His strategy was to target and remove the cartel leadership, assuming that breaking the cartels up would make them easier to subdue. The effort had the opposite effect. Capturing and killing cartel kingpins created a power vacuum and splintered the cartels into many smaller, less organized, and more militant gangs. The smaller and less centralized gangs began fighting each other for control of routes and territory. Without centralized control, the groups also became less efficient as cocaine traffickers - a system that had previously thrived from economies of scale. As a result, they began diversifying their revenue streams. Extortion, human trafficking, money laundering, arms trading, and petty crime all became more economical relative to small-scale drug trafficking and dealing, which led the cartels to diversify further still. Though participants heavily debated the directionality of the link between this diversification and gang fractionalization, consensus emerged that dividing up the cartels led to increased violence in Mexico.

The persistent problems of the Mexican legal system have also exerted a huge impact on the ability of the Mexican government to subdue the violence. High rates of corruption within local police forces, due in part to low compensation, means that the police are unreliable as a means to enforce order in municipalities. This has prompted the government to deploy armed forces to try to restore order in some areas. Furthermore, the judicial system in Mexico is weak, with poor judges, a shortage of lawyers, and a backlog that makes due process nothing more than an idealized notion.

Participants also presented evidence that additional factors could have exacerbated the violence. Among them: the global recession, which has reduced economic opportunities, and democratization in the 1990s. But in general, participants concluded that the evidence that either of these factors affected the overall crime situation in Mexico was weak relative to the other factors discussed.

The overall consensus was that any policy initiative made to control violence in Mexico invariably must address the weak rule of law institutions, the economic incentives of the cartels, and the exploding intra- and inter-cartel violence. Successful strategies, moreover, must approach these topics differently than how they have been addressed thus far.

Lessons and Proposals

What can be done to rein in the rising violence? Participants examined a number of successful anti-gang and anti-drug policies in other countries for potential answers. For instance, the Unidades de Polícia Pacificadora (Pacifying Police Units or UPP) program in Rio de Janeiro, which started in 2008, consists of proximity policing, gaining the trust of and working with favela populations, and directly engaging with and helping favela children and youth. The program's main goal is to keep organized crime out of favelas, which have been their hideout for decades. The program helped restore law and order, participants said, because of the high effectiveness of proximity policing in high-risk communities, which combined policing with social and public services to increase legitimacy of the program. This dual security approach-using specialized forces during conflict and then proximity policing to maintain daily safety and security in the slums-has been highly successful at maintaining order and controlling police corruption in Rio.

In Colombia, because the violence of a few decades ago seemed to be more a result of a weak state than the presence of drugs, the situation improved when the state's capacity increased. Nevertheless, part of the solution found in the city of Medellín, where the local cartel proved too strong to destroy, was to allow one cartel to have a monopoly. Yet while this trade-off worked in the short-term, once the Medellín Cartel kingpin was captured and extradited with the help of U.S. military aid, violence started to increase again.

U.S. military aid to Colombia also had a drawback as some of the funding was leaked to paramilitary activities. Conference participants said one lesson from this experience is that it is important to invest more in drug interdiction than in eradication, because eradication programs increase the price of drugs, thereby improving trafficking incentives. The most important implication of this is that squeezing the traffickers will only cause them to re-route, not stop. When squeezed out of Colombia and the Caribbean, they re-routed through Mexico. If this occurs in Mexico, traffickers will most likely move into Central America. The issue of drug trafficking cannot be resolved if policymakers ignore Central American republics.

Several other proposals received attention during the conference. Among them was the suggestion that Mexican policy emulate aspects of the Colombian model by concentrating all efforts toward destroying the single-most violent cartel until it is entirely eliminated, and then progressing on to the next largest and so forth. Theoretically, doing so would systematically destroy the cartels while minimizing their fragmentation.

Participants also suggested that authorities focus on targeting extortion, kidnapping, and other non-drug related economically incentivized crimes committed by the gangs, which could help limit their ability to fragment and diversify. This approach could benefit from careful analysis of efforts to implement community policing strategies that some participants believe to have yielded results in the United States and Brazil. A third proposal with serious implications is to reform the judicial and penal system in Mexico to ensure that incarcerated "narcos" cannot continue operating from within Mexican prisons.

Finally, much discussion was given to the best way to address the demand-side of drug trafficking. While legalizing drugs in the United States was seen as highly unlikely option with very unclear potential results, a participant proposed that policymakers encourage the expansion of rigorous drug treatment programs, such as Hawaii's highly successful Opportunity Probation with Enforcement program. It requires convicted drug offenders on probation to undergo randomized drug tests one to seven times a week, with automatic incarceration for anyone who tests positive or is found to be in violation of their parole.

Conclusion

Daunting problems remain in understanding crime and governance in Latin America. But this conference, among other things, helped highlight areas where further research on drug trafficking, organized crime, violence, and issues of citizen security are still needed. There were also several highly actionable proposals put forth based on programs that have been implemented in other countries in the Western Hemisphere. These initiatives hold promise for helping Mexico deal with its own situation. This conference should serve as a launch pad to encourage and develop research and communication in this area with policy implications for the near future.

Bechtel Conference Center

Mariano-Florentino Cuéllar Co-Director Host Center for International Security and Cooperation

Dept. of Political Science
Encina Hall, Room 436
Stanford University,
Stanford, CA

(650) 724-5949
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Senior Fellow at the Freeman Spogli Institute for International Studies
Graham H. Stuart Professor of International Relations
Professor of Political Science
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MA, PhD

Beatriz Magaloni is the Graham H. Stuart Professor of International Relations, a Professor in the Department of Political Science, Senior Fellow at the Freeman Spogli Institute for International Studies (FSI), and affiliated faculty at the Center on Democracy, Development and the Rule of Law, the Center for Global Ethnography, and the Stanford Center on Global Poverty and Development. 

Her first book, Voting for Autocracy: Hegemonic Party Survival and its Demise in Mexico (Cambridge University Press, 2006), won the Best Book Award from the Comparative Democratization Section of the American Political Science Association and the 2007 Leon Epstein Award for the Best Book published in the previous two years in the area of political parties and organizations. Her second book, Strategies of Vote Buying: Democracy, Clientelism, and Poverty Relief in Mexico (co-authored with Alberto Diaz Cayeros and Federico Estévez), studies the politics of poverty relief. Why clientelism is such a prevalent form of electoral exchange, how it distorts policies aimed at aiding the poor, and when it can be superseded by more democratic and accountable forms of electoral exchange are some of the central questions that the book addresses.

In 2010 she founded the Poverty, Violence, and Governance Lab (POVGOV). There she pursues a research agenda focused on violence, human rights and poverty reduction. The mission of  POVGOV is to develop action-oriented research through the elaboration of scientific knowledge that is anchored on state-of-the-art methodologies, multidisciplinary work, and innovative on-the-ground research and training. The Lab regularly incorporates undergraduate, masters, Ph.D. and post-doctoral students to pilot and evaluate interventions to reduce violence, combat human rights abuses and improve the accountability of law enforcement and justice sytems.

Her work has appeared in the American Journal of Political Science, World Development, Comparative Political Studies, Annual Review of Political Science, Latin American Research Review, Journal of Theoretical Politics and other journals.

Prior to joining Stanford in 2001, Professor Magaloni was a visiting professor at UCLA and a professor of Political Science at the Instituto Tecnológico Autónomo de México (ITAM). She earned a Ph.D. in Political Science from Duke University. She also holds a law degree from ITAM.

Affiliated faculty at the Center on Democracy, Development, and the Rule of Law and CISAC
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Beatriz Magaloni Host Stanford University
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