Federal courts could, and should, play a more effective role in curtailing unnecessary government secrecy, argues Meredith Fuchs, general counsel at the National Security Archive, in a splendid new law review article. “All too often, courts easily accept the argument that the executive needs unquestioning adherence to its judgments and that the court is not […]
Many people who have tangled with the security clearance system have found it bafflingly inconsistent and unpredictable. New research (pdf) on the role of foreign influence in security clearance disputes, particularly those involving Israel, finds an empirical basis for that perception. According to official guidelines for granting security clearances for access to classified information, foreign […]
When the San Francisco Chronicle reported April 8 that information about the design and layout of the Presidential aircraft Air Force One was available on the world wide web, it generated a spasm of anxiety in some quarters. The anxiety was magnified by a follow-on story in the Chronicle April 19, reprinted in the Pentagon […]
The Law Library of Congress, which maintains the world’s largest collection of legal materials, produces a monthly publication called World Law Bulletin that features the highlights of legal developments around the world, as well as occasional essays on specialized topics by some of the Library’s resident experts. For no good reason, however, the World Law […]
“Security guards at the Department of Homeland Security were forced last month to sign agreements not to disclose information the agency deems sensitive — an attempt, according to several current guards, to silence them after recent high-profile revelations of security breaches at DHS.” See “Guards Say Non-Disclosure Agreements Were Used to Hide Security Flaws at […]
The U.S. Army last year published a handbook (pdf) for commanders and other U.S. military personnel who are newly deployed to Germany which describes German customs, protocol and etiquette — as understood by the Army. It includes a wide variety of interesting and peculiar details, including an introduction to German wine and beer. “German wine […]
The Central Intelligence Agency conducted a review of its “operational files” last year, as it is required to do every ten years under the CIA Information Act of 1984, to see if any such files could have their “operational” designation rescinded, making them subject to Freedom of Information Act requests. But instead of removing any […]
The Federal Bureau of Investigation wants to review the files of the late muckraking journalist Jack Anderson and confiscate any documents it believes are classified before they are opened to the public. This amazing story was first reported yesterday by the Chronicle of Higher Education (see Update below). There has long been an unwritten agreement […]
The Department of Defense is seeking a broad new exemption from the Freedom of Information Act for unclassified information relating to weapons of mass destruction. According to the proposed legislation, “Examples of such information could include … formulas and design descriptions of lethal and incapacitating materials; maps, designs, security/emergency response plans, and vulnerability assessments for […]
The challenges posed by the use of “sensitive but unclassified” control markings were examined in a comprehensive new report (pdf) from the Government Accountability Office. “The agencies that GAO reviewed are using 56 different sensitive but unclassified designations (16 of which belong to one agency) to protect information that they deem critical to their missions […]
Attorneys for two former officials of the American Israel Public Affairs Committee accused of mishandling classified information vigorously rebutted the latest prosecution arguments against their clients in an April 6 pleading (pdf). “In the history of the Espionage Act, the government has never embarked on a prosecution like this one — of private citizens outside […]
The U.S. Air Force has produced a new doctrinal document (pdf) that articulates its role in “homeland operations.” “This document describes how our Air Force organizes and employs air and space power in operations in the homeland.” “It focuses on how we support civilian agencies through the appropriate combatant commander in a variety of operations, […]