Author: Gabriel Schoenfeld Publisher: W. W. Norton & Company ISBN: 0393339939 Category : Law Languages : en Pages : 323
Book Description
An intensely controversial scrutiny of American democracy's fundamental tension between the competing imperatives of security and openness.
Author: James Bamford Publisher: Anchor ISBN: 0307425053 Category : Political Science Languages : en Pages : 782
Book Description
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
Author: D. Cole Publisher: Edward Elgar Publishing ISBN: 1781953864 Category : Law Languages : en Pages : 369
Book Description
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.
Author: Dana Priest Publisher: Hachette+ORM ISBN: 0316194042 Category : Political Science Languages : en Pages : 339
Book Description
The top-secret world that the government created in response to the 9/11 terrorist attacks has become so enormous, so unwieldy, and so secretive that no one knows how much money it costs, how many people it employs or exactly how many agencies duplicate work being done elsewhere. The result is that the system put in place to keep the United States safe may be putting us in greater danger. In Top Secret America, award-winning reporters Dana Priest and William Arkin uncover the enormous size, shape, mission, and consequences of this invisible universe of over 1,300 government facilities in every state in America; nearly 2,000 outside companies used as contractors; and more than 850,000 people granted "Top Secret" security clearance. A landmark exposé of a new, secret "Fourth Branch" of American government, Top Secret America is a tour de force of investigative reporting-and a book sure to spark national and international alarm.
Author: Matthew Potolsky Publisher: Routledge ISBN: 0429558988 Category : History Languages : en Pages : 290
Book Description
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.
Author: Laura K. Donohue Publisher: Oxford University Press ISBN: 019023539X Category : Law Languages : en Pages : 209
Book Description
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.
Author: Kaeten Mistry Publisher: Columbia University Press ISBN: 0231550685 Category : Political Science Languages : en Pages : 223
Book Description
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.
Author: Matthew M. Aid Publisher: Bloomsbury Publishing USA ISBN: 160819096X Category : History Languages : en Pages : 433
Book Description
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.
Author: Janine M. Brookner Publisher: ISBN: Category : Law Languages : en Pages : 208
Book Description
Piercing the Veil of Secrecy brings together and exposes, for the first time in one publication, the magnitude of adverse actions U.S. intelligence agencies take to control and thwart the legal process and the range of concrete remedies available to confront such tactics. Brookner begins the book with a description of actual CIA employee cases, followed by a discussion of unique problems litigants and lawyers face when suing intelligence agencies, including the misuse of secrecy and national security, intimidation, and the denial of access to relevant evidence and witnesses, notwithstanding a lawyer's and plaintiff's security clearances. Recently, the CIA has invoked the seldom-used state secrets privilege to impede discovery, prevail upon the courts to dismiss cases, and, in effect, grant itself immunity from suits. These problems, as well as sovereign immunity and the various statutes from which the CIA is exempted, are carefully examined. After dealing with what cannot be done, the book devotes itself to what can be done, including legal remedies, which maximize prospects for a favorable outcome. This discussion includes employment discrimination, torts, constitutional violations, employment-related civil conspiracies, and the innovative possibility of suing the government under civil RICO. The final chapter suggests administrative and procedural solutions to the serious inequities with which a litigant is confronted when bringing an action against U.S. intelligence. The book is intended for lawyers and plaintiffs suing or contemplating suing the U.S. government, particularly those agencies that handle classified information. The target audience includes judges, senators, and members of congress who need to be aware when deciding cases or making laws of just how unlevel and unfair the playing field actually is. Government attorneys, law students and professors, and national security, civil rights, and employment rights law groups are among the potential readership as well. "[Brookner] has created a practical resource that draws on her own experiences to help others navigate their way through a system that appears stacked against them... The book contains a good table of authorities for caselaw, statutes, and regulations... Anyone considering a career in U.S. intelligence would be well-advised to read this book; it is a chilling account of the rights that such employees give up, and what they are up against if things go wrong." -- Legal Information ALERT "[B]eneath the legal prose is a passionate indictment of an agency that, Brookner contends, shields its misdeeds with the cloak of national security." -- The Washington Post, March 10, 2004
Author: Gabriel Schoenfeld
Author: Scott Horton
Author: James Bamford
Author: D. Cole
Author: Dana Priest
Author: Matthew Potolsky
Author: Laura K. Donohue
Author: Kaeten Mistry
Author: Matthew M. Aid
Author: Janine M. Brookner