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Senate Report Scrutinizes the State Secrets Privilege

A new report from the Senate Judiciary Committee examines the use of the state secrets privilege by the executive branch and describes the intent of new legislation to strengthen judicial review of its use in civil litigation. The 53 page report summarizes the latest legal scholarship on the state secrets privilege, as well as the […]

08.12.08 | 2 min read
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FAS
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DNI Issues Directive on IC Chief Information Officer

The Director of National Intelligence last week issued a new directive (pdf) defining the role of the Chief Information Officer (CIO) for the U.S. intelligence community (IC). The CIO will be responsible for “developing, maintaining, and facilitating the implementation of a sound and integrated information technology architecture for the IC” and will also “oversee IC […]

08.12.08 | 1 min read
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FAS
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DIA Takes on Offensive Counterintelligence

With the establishment of its Defense Counterintelligence and Human Intelligence Center (DCHC) on August 3, the Defense Intelligence Agency now has new authority to engage in offensive counterintelligence operations that seek to thwart foreign intelligence activities. If defensive counterintelligence is checkers, then offensive counterintelligence is chess. Unlike defensive counterintelligence, offensive counterintelligence is intended to “make […]

08.12.08 | 1 min read
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FAS
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CRS Reports Are Still Out of Bounds

When a military judge ruled last month that Salim Ahmed Hamdan, a former driver for Osama bin Laden, could be tried for war crimes, the first footnote in his July 14 opinion (pdf) was to a Congressional Research Service report. (Hamdan was convicted yesterday for material support of terrorism.) But Military Judge Keith J. Allred, […]

08.07.08 | 1 min read
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FAS
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A Look at the Secret Service, and More from CRS

Noteworthy new reports from the Congressional Research Service that have not been made readily available to the public include the following (all pdf). “The U.S. Secret Service: An Examination and Analysis of Its Evolving Missions,” July 31, 2008. “Terrorism and Security Issues Facing the Water Infrastructure Sector,” updated July 28, 2008. “FY2009 National Defense Authorization […]

08.07.08 | 1 min read
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FAS
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Islamic Finance, and More from CRS

Other new and updated reports from the Congressional Research Service obtained by Secrecy News include these (all pdf). “Islamic Finance: Overview and Policy Concerns,” July 29, 2008. “Presidential Advisers’ Testimony Before Congressional Committees: An Overview,” updated July 16, 2008. “China’s Foreign Policy: What Does It Mean for U.S. Global Interests?,” July 18, 2008. “Navy DDG-1000 […]

08.07.08 | 1 min read
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FAS
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Retroactive Immunity, and More from CRS

Additional reports from the Congressional Research Service that are newly available online include these (all pdf): “Department of Defense Fuel Costs in Iraq,” July 23, 2008. “The Global Nuclear Detection Architecture: Issues for Congress,” July 16, 2008. “Foreign Science and Engineering Presence in U.S. Institutions and the Labor Force,” updated July 23, 2008. “Intelligence Reform […]

08.07.08 | 1 min read
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Global Risk
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US Department of Justice Releases Anthrax Case Documents

Documents related to the FBI’s investigation of the 2001 anthrax attacks have been released. The documents are available from the US Department of Justice website and include an outline of the case against Bruce E. Ivins as well as several search warrants.

08.06.08 | 1 min read
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FAS
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Disabled Intel Satellite Restored to Operation by NRO

A U.S. intelligence satellite that had ceased to function was recently restored to operation by engineers from the National Reconnaissance Office and its industry affiliates, the NRO said. The episode was first publicly described last month in a glossy two-page NRO brochure (pdf), which simply said: “Technical experts from both the NRO and industry recently […]

08.06.08 | 1 min read
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FAS
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NRC Proposes to Increase Openness on Security Info

Rather unexpectedly, the Nuclear Regulatory Commission is asking for public comment on whether and how it should disclose more information on the security of nuclear power plants and other facilities. “We view nuclear regulation as the public’s business and believe it should be transacted as openly and candidly as possible,” said NRC Executive Director of […]

08.06.08 | 2 min read
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FAS
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ACLU Seeks to Intervene in FISA Court Proceedings

The American Civil Liberties Union is petitioning the secretive Foreign Intelligence Surveillance Court for leave to participate in future proceedings regarding the constitutionality of government procedures under the recent FISA Amendments Act, which expanded government authority to conduct intelligence surveillance. The government opposes the ACLU petition (pdf). Justice Department attorneys wrote in a July 29 […]

08.06.08 | 2 min read
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FAS
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Army Issues New Regulations on “Biological Surety”

U.S. Army personnel who act in an aggressive or threatening manner towards other people would be denied access to toxic or lethal biological agents under newly revised regulations (pdf) that were issued by the Army last week. Other potentially disqualifying personality traits include: “arrogance, inflexibility, suspiciousness, hostility,… and extreme moods or mood swings,” according to […]

08.04.08 | 1 min read
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