The topic of “secret law” is probed at great length in a new law review paper, which substantiates the concept and suggests a set of principles for addressing it. See “Coming to Terms with Secret Law” by Dakota S. Rudesill, to be published in the Harvard National Security Journal.
Secret law is defined here as “legal authorities that require compliance [but] that are classified or otherwise withheld from the public.”
The paper provides extensive citations to relevant source material (including a few references to Secrecy News), thoughtful consideration of arguments for and against the status quo, and a novel compilation of congressional reports that include classified addenda. (h/t Lawfare)
Often negotiations between data center developers and local officials are conducted behind closed doors, protected by NDAs. How can we have an informed debate, when we don’t know what’s on the table?
As federal data policy nerds, the question we get asked all the time is “How much data has the current administration terminated?”
Google’s motto famously used to be “don’t be evil.” However, its latest feature has just made being evil a whole lot easier.
The public will judge the next era of American science by the innovation that touches their lives through the new cures, products, and opportunities created within their communities.