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Congress on Amending the Patriot Act, Captured Iraqi Documents

With final congressional reauthorization of the USA Patriot Act now imminent, new legislation was introduced in the Senate yesterday to amend the reauthorized Act. “What this legislation does is reinstate provisions of the original Senate-passed [Patriot Act reauthorization] bill,” said Senator Arlen Specter (R-PA). Those provisions were rejected by the House Republican leadership. The new […]

03.07.06 | 1 min read
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FAS
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Origins of “The Right to Know”

“There is nothing in the Constitution about ‘the public’s right to know’,” wrote former Assistant Director of Central Intelligence Mark M. Lowenthal in his book “Intelligence: From Secrets to Policy” (CQ Press, 2000, page 143). “The Constitution safeguards freedom of speech and of the press, but these are not the same as a right to […]

03.07.06 | 2 min read
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FAS
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The AIPAC Case: Aiding and Abetting Leaks

The most troubling aspect of the prosecution of two former employees of the American Israel Public Affairs Committee (AIPAC) for mishandling classified information is that prosecutors have adopted an expansive new interpretation of the Espionage Act which could make criminals of many reporters, lobbyists and advocates who traffic in government information that may be classified. […]

03.06.06 | 2 min read
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FAS
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More on NSA Warrantless Surveillance

“In my professional opinion, the NSA domestic surveillance program is as blatantly illegal a program as I’ve seen,” said Prof. Harold Hongju Koh, dean of the Yale Law School, at a Senate Judiciary Committee hearing on February 28. Others disagreed. “I believe that the inherent authority of the president under Article II, under these circumstances, […]

03.06.06 | 1 min read
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FAS
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Some New DoD Directives

The constant administrative churning of the defense policy process has yielded several notable new Department of Defense directives and instructions, such as the following. U.S. policy on handling classified NATO information is addressed in “United States Security Authority for North Atlantic Treaty Organization Affairs” (pdf), DoD Directive 5100.55, February 27, 2006. Continuity of military operations […]

03.06.06 | 1 min read
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FAS
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Jousting Over the Senate Intelligence Committee

“I am increasingly concerned that the Senate Intelligence Committee is unable to carry out its critically important oversight and threat assessment responsibilities due to stifling partisanship that is exhibited through repeated calls by Democrats on the committee to conduct politically-motivated investigations,” wrote Senate Majority Leader Bill Frist in a March 3 letter (pdf) to Minority […]

03.06.06 | 1 min read
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FAS
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State Dept Intelligence Tracked Rising Popularity of Hamas

“I don’t know anyone who wasn’t caught off guard by Hamas’ strong showing,” said Secretary of State Condoleezza Rice, referring to the landslide victory of the Islamic Hamas party in the January 25 Palestinian elections. Hamas won 76 out of 132 seats in the Palestinian legislature, compared to 43 seats for the ruling Fatah party. […]

03.03.06 | 2 min read
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FAS
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Archives Declares Moratorium on Reclassification

In response to the controversy over the withdrawal of thousands of declassified historical records from the National Archives on purported national security grounds, the Archivist of the United States announced that such withdrawals would be halted, at least temporarily, while an audit and investigation of the matter is conducted. Archivist Allen Weinstein declared a “moratorium” […]

03.03.06 | 1 min read
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File Under: Sensitive But Unclassified

Lists of radio frequencies assigned to the U.S. Air Force’s Civil Air Patrol (CAP) will henceforth be withheld from public disclosure, according to a January 2006 memorandum (pdf) from the CAP National Commander. “It has come to our attention that the radio frequency assignments provided us by the USAF are considered sensitive information and require […]

03.03.06 | 2 min read
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Global Risk
Report
Preventing Catastrophic Nuclear Terrorism

Charles D. Ferguson, Preventing Catastrophic Nuclear Terrorism, Council Special Report No. 11, Council on Foreign Relations, March 2006. This report examines options for the United States and other countries to secure and eliminate nuclear weapons and dangerous fissile materials. Despite many national and international programs to secure these materials, there are large security gaps that remain.

03.02.06 | 1 min read
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FAS
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China and Nuclear Secrets

The intense and occasionally hyperbolic controversy that erupted in the late 1990s over alleged theft of U.S. nuclear weapons secrets by the People’s Republic of China is revisited in a newly updated report from the Congressional Research Service. See “China: Suspected Acquisition of U.S. Nuclear Weapon Secrets,” updated February 1, 2006. Coincidentally, a Chinese newspaper […]

03.01.06 | 1 min read
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FAS
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CRS on Exon-Florio, Defense Transformation

The Exon-Florio Act of 1988, which permits the President to block foreign takeover of certain types of U.S. companies on national security grounds, has been in the news lately in connection with the proposed acquisition of six U.S. ports by Dubai Ports World. Some useful background on that statute is provided by the Congressional Research […]

03.01.06 | 1 min read
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