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National Freedom of Information Conference

Freedom of Information Act practitioners and advocates will gather in Philadelphia on May 9-10 to compare notes and exchange views at the National Freedom of Information Coalition 2008 FOI Summit.

04.09.08 | 1 min read
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The Case of Matthew Diaz

Last year, U.S. Navy Lt. Cmdr. Matthew Diaz was convicted of unlawfully disclosing classified information to an unauthorized person, after he provided the names of prisoners secretly held in military detention at Guantanamo Bay to a civil rights organization. He was sentenced to six months in prison and ordered discharged from the Navy. Last week, […]

04.07.08 | 2 min read
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The Changing Face of Espionage in America

Financial incentives and external coercion play a diminishing role in motivating Americans to spy against the United States, according to a new Defense Department study (pdf). But divided loyalties are increasingly evident in recent espionage cases. “Two thirds of American spies since 1990 have volunteered. Since 1990, spying has not paid well: 80% of spies […]

04.07.08 | 1 min read
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More Support for State Secrets Reform

Pending legislation to reform the use of the state secrets privilege received a wave of support last week from numerous public interest, professional and civil liberties organizations. While the bill is opposed by the Attorney General, it received strong endorsements from the American Bar Association, the American Civil Liberties Union, the Brennan Center for Justice, […]

04.07.08 | 1 min read
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Gov’t Opposes Testimony of ISOO’s Leonard in AIPAC Case

Prosecutors in the case of two former AIPAC lobbyists who are charged with unlawful transmission of classified information last week asked a court to prevent the former director of the Information Security Oversight Office, J. William Leonard, from testifying for the defendants. Mr. Leonard, who was the government’s senior classification policy authority for the past […]

04.07.08 | 1 min read
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The OLC Torture Memo as a Failure of the Classification System

The Justice Department Office of Legal Counsel memo on interrogation of enemy combatants that was declassified this week “exemplifies the political abuse of classification authority,” Secrecy News suggested yesterday. J. William Leonard, the nation’s top classification oversight official from 2002-2007, concurred. “The disappointment I feel with respect to the abuse of the classification system in […]

04.03.08 | 2 min read
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Reforming the State Secrets Privilege: Two Views

Attorney General Michael B. Mukasey this week expressed strong Bush Administration opposition (pdf) to pending legislation that would regulate the use of the state secrets privilege in civil litigation. The proposed “State Secrets Protection Act” (S.2533), the Attorney General wrote in a detailed seven-page letter, “would needlessly and improperly interfere with the appropriate constitutional role […]

04.03.08 | 1 min read
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The War Powers Resolution, and More from CRS

Noteworthy new publications from the Congressional Research Service that have not been made readily available to the public include the following (all pdf). “The War Powers Resolution: After Thirty-Four Years,” updated March 10, 2008. “The Federal Grand Jury,” updated January 22, 2008. “Federalism, State Sovereignty and the Constitution: Basis and Limits of Congressional Power,” updated […]

04.03.08 | 1 min read
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DNI Issues New Information Sharing Strategy

A new “Information Sharing Strategy” (pdf) from the Office of the Director of National Intelligence warns that traditional security practices that restrict disclosure of information have become counterproductive. “The Intelligence Community’s ‘need to know’ culture, a necessity during the Cold War, is now a handicap that threatens our ability to uncover, respond, and protect against […]

04.02.08 | 1 min read
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2003 OLC Memo on Interrogation Declassified

A 2003 memo from the Justice Department Office of Legal Counsel that appears to authorize abusive interrogation of suspected unlawful combatants outside the United States was declassified this week. The memo (pdf) concludes that criminal statutes that would preclude torture and other forms of physical abuse “do not apply to properly-authorized interrogations of enemy combatants.” […]

04.02.08 | 1 min read
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Open Society Institute Seeks Transparency Program Director

The Open Society Institute, a philanthropic foundation founded by George Soros that works to promote democratic governance, is seeking to hire a program director for its work on transparency in the U.S. (Secrecy News has received funding from OSI.) The OSI transparency program “will use a combination of grantmaking strategies and programmatic initiatives to ensure […]

04.02.08 | 1 min read
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The North Korean Economy, and More from CRS

Noteworthy new reports from the Congressional Research Service which have not been made readily available to the public include the following (all pdf). “The REAL ID Act of 2005: Legal, Regulatory, and Implementation Issues,” April 1, 2008. “The Social Security Number: Legal Developments Affecting Its Collection, Disclosure, and Confidentiality,” updated February 21, 2008. “Congressional Authority […]

04.02.08 | 1 min read
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