Can the President Bar Travelers from Ebola-Stricken Countries?, and More from CRS

New and updated products from the Congressional Research Service that Congress has withheld from online public distribution include the following. Can the President Bar Foreign Travelers from Ebola-Stricken Countries from Entering the United States?, CRS Legal Sidebar, October 23, 2014 The Appointment Process for U.S. Circuit and District Court Nominations: An Overview, October 22, 2014 No Second Amendment Cases for the Supreme Court’s 2014-2015 Term…Yet, CRS Legal Sidebar, October 23, 2014 JPMorgan Data Breach Involves […]

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Offensive Cyber Operations in US Military Doctrine

A newly disclosed Department of Defense doctrinal publication acknowledges the reality of offensive cyberspace operations, and provides a military perspective on their utility and their hazards. Attacks in cyberspace can be used “to degrade, disrupt, or destroy access to, operation of, or availability of a target by a specified level for a specified time.” Or they can be used “to control or change the adversary’s information, information systems, and/or networks in a manner that supports […]

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New Authorization for Use of Military Force?, and More from CRS

New publications from the Congressional Research Service that Congress has withheld from online public disclosure include the following. A New Authorization for Use of Military Force Against the Islamic State: Comparison of Current Proposals in Brief, October 21, 2014 U.S. Citizens Kidnapped by the Islamic State, CRS Insights, October 17, 2014 Smartphone Data Encryption: A Renewed Boundary for Law Enforcement?, CRS Insights, October 17, 2014

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Govt Rebuts Criticism of State Secrets Privilege

Last week government attorneys submitted 28 documents concerning “watchlisting” procedures to a federal court for in camera review that they said should be protected from disclosure under the state secrets privilege.  The documents had been sought by the plaintiff in Gulet Mohamed v. Eric Holder, a case challenging the constitutionality of the “no fly” list. The government had previously argued that it was “not appropriate” for a court to perform its own review of such […]

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Cybercrime: An Overview of Federal Law, and More from CRS

New and updated publications from the Congressional Research Service that Congress has withheld from online public distribution include the following. Cybercrime: An Overview of the Federal Computer Fraud and Abuse Statute and Related Federal Criminal Laws, October 15, 2014 Insurance and Climate Change: Do Governments Have a Duty to Protect Property Owners?, CRS Legal Sidebar, October 16, 2014 Home Is Where They Have To Take You In: Right to Entry For U.S. Citizens, CRS Legal […]

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Al Qaeda-Affiliated Groups, and More from CRS

The executive branch interprets the 2001 Authorization for Use of Military Force to permit military action against terrorist groups that are “associated” with Al Qaeda. Such associated forces are considered co-belligerents with Al Qaeda and the Taliban and are therefore legal targets of U.S. military force. But some groups or individuals may be “affiliated” with Al Qaeda ideologically or otherwise without being “associated” with it operationally. Those affiliated (but non-associated) groups would not be authorized […]

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Report on Disclosures to the Media is Classified

A report to Congress on authorized disclosures of classified intelligence to the media — not unauthorized disclosures — is classified and is exempt from disclosure under the Freedom of Information Act, the National Security Agency said. The notion of an authorized disclosure of classified information is close to being a contradiction in terms. If something is classified, how can its disclosure be authorized (without declassification)? And if something is disclosed by an official who is […]

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Insider Threat Program May Not Be Ready by 2017

Security policies in the executive branch are being overhauled in response to a potential “insider threat.” But while some progress is being made, the intended functionality will not be available for several more years to come. The insider threat includes “the threat of those insiders who may use their authorized access to compromise classified information.” Three years ago, due in part to the unauthorized disclosures by then-Pfc. Bradley Manning to WikiLeaks, President Obama issued Executive […]

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Ebola Outbreak: Select Legal Issues, and More from CRS

New and updated reports from the Congressional Research Service that Congress has withheld from online public distribution include the following. The Ebola Outbreak: Select Legal Issues, CRS Legal Sidebar, October 6, 2014 Ebola: Basics About the Disease, October 3, 2014 As Midterm Election Approaches, State Election Laws Challenged, CRS Legal Sidebar, October 7, 2014 Child Welfare: Profiles of Current and Former Older Foster Youth Based on the National Youth in Transition Database (NYTD), October 6, […]

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Transcript of 1954 Oppenheimer Hearing Declassified in Full

The transcript of the momentous 1954 Atomic Energy Commission hearing that led the AEC to revoke the security clearance of J. Robert Oppenheimer, the physicist who had led the Manhattan Project to produce the first atomic bomb, has now been declassified in full by the Department of Energy. “The Department of Energy has re-reviewed the original transcript and is making available to the public, for the first time, the full text of the transcript in […]

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