National Security Secrecy

National Security Secrecy
Author: Sudha Setty
Publisher: Cambridge University Press
Total Pages: 247
Release: 2017-07-13
Genre: Law
ISBN: 110713062X

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This book considers how excessive national security secrecy undercuts democracy and the rule of law, necessitating comparative and critical analysis toward potential reforms.

Lords of Secrecy

Lords of Secrecy
Author: Scott Horton
Publisher: Nation Books
Total Pages: 274
Release: 2015-01-06
Genre: Political Science
ISBN: 1568587457

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Horton argues that the rise of the National Security State is stabbing at the heart of American democracy.

Secrecy, National Security and the Vindication of Constitutional Law

Secrecy, National Security and the Vindication of Constitutional Law
Author: D. Cole
Publisher: Edward Elgar Publishing
Total Pages: 369
Release: 2013
Genre: Law
ISBN: 1781953864

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ÔThis is an important collection of scholarly essays that will illuminate positive legal developments and normative constitutionalist concerns in the expanding arena of secret government decisions. This book is indispensable reading for those concerned with constitutionalism, the rule of law and democracy as they bear on the tensions between secrecy and disclosure in government responses to terrorism.Õ Ð Vicki C. Jackson, Harvard University Law School, US ÔThis book contains the broadest and deepest analysis of the legal and policy issues that relate to secrecy and national security on one hand, and the imperatives of a functioning democracy on the other. The broadest because it brings to bear materials from many countries, the deepest because it brilliantly explores a core problem of constitutional government.Õ Ð Norman Dorsen, New York University, US and President, American Civil Liberties Union, 1976Ð1991 Virtually every nation has had to confront tensions between the rule-of-law demands for transparency and accountability and the need for confidentiality with respect to terrorism and national security. This book provides a global and comparative overview of the implications of governmental secrecy in a variety of contexts. Expert contributors from around the world discuss the dilemmas posed by the necessity for Ð and evils of Ð secrecy, and assess constitutional mechanisms for checking the abuse of secrecy by national and international institutions in the field of counter-terrorism. In recent years, nations have relied on secret evidence to detain suspected terrorists and freeze their assets, have barred lawsuits alleging human rights violations by invoking Ôstate secretsÕ, and have implemented secret surveillance and targeted killing programs. The book begins by addressing the issue of secrecy at the institutional level, examining the role of courts and legislatures in regulating the use of secrecy claims by the executive branch of government. From there, the focus shifts to the three most vital areas of anti-terrorism law: preventive detention, criminal trials and administrative measures (notably, targeted economic sanctions). The contributors explore how assertions of secrecy and national security in each of these areas affect the functioning of the legal system and the application of procedural justice and fairness. Students, professors and researchers interested in constitutional law, international law, comparative law and issues of terrorism and security will find this an invaluable addition to the literature. Judges, lawyers and policymakers will also find much of use in this critical volume.

The National Security Sublime

The National Security Sublime
Author: Matthew Potolsky
Publisher: Routledge
Total Pages: 184
Release: 2019-03-27
Genre: History
ISBN: 0429558988

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Why do recent depictions of government secrecy and surveillance so often use images suggesting massive size and scale: gigantic warehouses, remote black sites, numberless security cameras? Drawing on post-War American art, film, television, and fiction, Matthew Potolsky argues that the aesthetic of the sublime provides a privileged window into the nature of modern intelligence, a way of describing the curiously open secret of covert operations. The book tracks the development of the national security sublime from the Cold War to the War on Terror, and places it in a long history of efforts by artists and writers to represent political secrecy.

Necessary Secrets: National Security, the Media, and the Rule of Law

Necessary Secrets: National Security, the Media, and the Rule of Law
Author: Gabriel Schoenfeld
Publisher: W. W. Norton & Company
Total Pages: 323
Release: 2011-05-23
Genre: Law
ISBN: 0393339939

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An intensely controversial scrutiny of American democracy's fundamental tension between the competing imperatives of security and openness.

National Security Intelligence

National Security Intelligence
Author: Loch K. Johnson
Publisher: Polity
Total Pages: 249
Release: 2012
Genre: Political Science
ISBN: 0745649394

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National security intelligence is a vast, complicated, and important topic, made doubly hard for citizens to understand because of the thick veils of secrecy that surround it. This definitive introduction to the field guides readers skillfully through this hidden side of government. It not only explains the three primary missions of intelligence – information collection and analysis, counterintelligence, and covert action – it also explores the wider dilemmas posed by the existence of secret government organizations in 'open' societies. With over thirty-five years of experience studying intelligence agencies and their activities, Loch Johnson illuminates difficult questions such as why intelligence organizations make mistakes in assessing world events; why some intelligence officers decide to work against their own country on behalf of foreign regimes; and how agencies succumb to scandals, including spying on the very citizens they are meant to protect. National Security Intelligence is tailor-made to meet the interests of students and general readers who care about how nations protect themselves against threats through the establishment of intelligence organizations - and how they continue to strive for safeguards to prevent the misuse of this secret power.

The Future of Foreign Intelligence

The Future of Foreign Intelligence
Author: Laura K. Donohue
Publisher: Oxford University Press
Total Pages: 209
Release: 2016-02-23
Genre: Law
ISBN: 019023539X

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Since the Revolutionary War, America's military and political leaders have recognized that U.S. national security depends upon the collection of intelligence. Absent information about foreign threats, the thinking went, the country and its citizens stood in great peril. To address this, the Courts and Congress have historically given the President broad leeway to obtain foreign intelligence. But in order to find information about an individual in the United States, the executive branch had to demonstrate that the person was an agent of a foreign power. Today, that barrier no longer exists. The intelligence community now collects massive amounts of data and then looks for potential threats to the United States. As renowned national security law scholar Laura K. Donohue explains in The Future of Foreign Intelligence, global communications systems and digital technologies have changed our lives in countless ways. But they have also contributed to a worrying transformation. Together with statutory alterations instituted in the wake of 9/11, and secret legal interpretations that have only recently become public, new and emerging technologies have radically expanded the amount and type of information that the government collects about U.S. citizens. Traditionally, for national security, the Courts have allowed weaker Fourth Amendment standards for search and seizure than those that mark criminal law. Information that is being collected for foreign intelligence purposes, though, is now being used for criminal prosecution. The expansion in the government's acquisition of private information, and the convergence between national security and criminal law threaten individual liberty. Donohue traces the evolution of U.S. foreign intelligence law and pairs it with the progress of Fourth Amendment jurisprudence. She argues that the bulk collection programs instituted by the National Security Agency amount to a general warrant, the prevention of which was the reason the Founders introduced the Fourth Amendment. The expansion of foreign intelligence surveillanceleant momentum by advances in technology, the Global War on Terror, and the emphasis on securing the homelandnow threatens to consume protections essential to privacy, which is a necessary component of a healthy democracy. Donohue offers a road map for reining in the national security state's expansive reach, arguing for a judicial re-evaluation of third party doctrine and statutory reform that will force the executive branch to take privacy seriously, even as Congress provides for the collection of intelligence central to U.S. national security. Alarming and penetrating, this is essential reading for anyone interested in the future of foreign intelligence and privacy in the United States.

Whistleblowing Nation

Whistleblowing Nation
Author: Kaeten Mistry
Publisher: Columbia University Press
Total Pages: 223
Release: 2020-03-31
Genre: Political Science
ISBN: 0231550685

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The twenty-first century witnessed a new age of whistleblowing in the United States. Disclosures by Chelsea Manning, Edward Snowden, and others have stoked heated public debates about the ethics of exposing institutional secrets, with roots in a longer history of state insiders revealing privileged information. Bringing together contributors from a range of disciplines to consider political, legal, and cultural dimensions, Whistleblowing Nation is a pathbreaking history of national security disclosures and state secrecy from World War I to the present. The contributors explore the complex politics, motives, and ideologies behind the revelation of state secrets that threaten the status quo, challenging reductive characterizations of whistleblowers as heroes or traitors. They examine the dynamics of state retaliation, political backlash, and civic contests over the legitimacy and significance of the exposure and the whistleblower. The volume considers the growing power of the executive branch and its consequences for First Amendment rights, the protection and prosecution of whistleblowers, and the rise of vast classification and censorship regimes within the national-security state. Featuring analyses from leading historians, literary scholars, legal experts, and political scientists, Whistleblowing Nation sheds new light on the tension of secrecy and transparency, security and civil liberties, and the politics of truth and falsehood.

Body of Secrets

Body of Secrets
Author: James Bamford
Publisher: Anchor
Total Pages: 782
Release: 2007-12-18
Genre: Political Science
ISBN: 0307425053

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The National Security Agency is the world’s most powerful, most far-reaching espionage. Now with a new afterword describing the security lapses that preceded the attacks of September 11, 2001, Body of Secrets takes us to the inner sanctum of America’s spy world. In the follow-up to his bestselling Puzzle Palace, James Banford reveals the NSA’s hidden role in the most volatile world events of the past, and its desperate scramble to meet the frightening challenges of today and tomorrow. Here is a scrupulously documented account—much of which is based on unprecedented access to previously undisclosed documents—of the agency’s tireless hunt for intelligence on enemies and allies alike. Body of secrets is a riveting analysis of this most clandestine of agencies, a major work of history and investigative journalism. A New York Times Notable Book

The Secret Sentry

The Secret Sentry
Author: Matthew M. Aid
Publisher: Bloomsbury Publishing USA
Total Pages: 433
Release: 2010-06-08
Genre: History
ISBN: 160819096X

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Presents a history of the agency, from its inception in 1945, to its role in the Cold War, to its controversial advisory position at the time of the Bush administration's search for weapons of mass destruction in Iraq, shortly before the invasion of 2003.