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A major theme of this report--and a source of frustration to those who have studied the classification system is the persistent gap between written regulation and actual practice. Chief executives since Franklin Delano Roosevelt have issued executive orders on classification. Classification authority emanates primarily from these orders, which have long purported to impose common-sense limits, such as a ban on using classification to conceal embarrassing information about government officials. And the current order--Executive Order 13,526, which President Obama issued in December 2009 includes further limits, such as a requirement that records not be classified if significant doubt exists about the need for secrecy. In practice, however, such limits too often fall by the wayside. As a Senate Commission chaired by Daniel Patrick Moynihan found, "Any policy, including on classification and declassification, is only as good as its implementation." This report focuses on improved implementation, i.e., how to make sure that classifiers comply with existing criteria for classifying documents. This report concludes that the primary source of the "implementation gap" is the skewed incentive structure underlying the current system--a structure that all but guarantees overclassification will occur.
As threats to the security of information pervade the fabric of everyday life, A Vulnerable System describes how, even as the demand for information security increases, the needs of society are not being met. The result is that the confidentiality of our personal data, the integrity of our elections, and the stability of foreign relations between countries are increasingly at risk. Andrew J. Stewart convincingly shows that emergency software patches and new security products cannot provide the solution to threats such as computer hacking, viruses, software vulnerabilities, and electronic spying. Profound underlying structural problems must first be understood, confronted, and then addressed. A Vulnerable System delivers a long view of the history of information security, beginning with the creation of the first digital computers during the Cold War. From the key institutions of the so-called military industrial complex in the 1950s to Silicon Valley start-ups in the 2020s, the relentless pursuit of new technologies has come at great cost. The absence of knowledge regarding the history of information security has caused the lessons of the past to be forsaken for the novelty of the present, and has led us to be collectively unable to meet the needs of the current day. From the very beginning of the information age, claims of secure systems have been crushed by practical reality. The myriad risks to technology, Stewart reveals, cannot be addressed without first understanding how we arrived at this moment. A Vulnerable System is an enlightening and sobering history of a topic that affects crucial aspects of our lives.
Is the government too secret or not secret enough? Why is there simultaneously too much government secrecy and a seemingly endless procession of government leaks? The Transparency Fix asserts that we incorrectly assume that government information can be controlled. The same impulse that drives transparency movements also drives secrecy advocates. They all hold the mistaken belief that government information can either be released or kept secure on command. The Transparency Fix argues for a reformation in our assumptions about secrecy and transparency. The world did not end because Julian Assange, WikiLeaks, and Edward Snowden released classified information. But nor was there a significant political change. "Transparency" has become a buzzword, while secrecy is anathema. Using a variety of real-life examples to examine how government information actually flows, Mark Fenster describes how the legal regime's tenuous control over state information belies both the promise and peril of transparency. He challenges us to confront the implausibility of controlling government information and shows us how the contemporary obsession surrounding transparency and secrecy cannot radically change a state that is defined by so much more than information.
A former top Pentagon official, daughter of anti-war activists, wife of an Army Green Beret and human rights activist presents a scholarly examination of how a constant state of war is contrary to America's founding values, undermines international rules and compromises future security. --Publisher
An insightful exploration of intelligence cooperation (officially known as liaison), including its international dimensions. This book offers a distinct understanding of this process, valuable to those involved in critical information flows, such as intelligence, risk, crisis and emergency managers.
“A timely and provocative book exploring the origins of the national security state and the urgent challenge of reining it in” (The Washington Post). From Dick Cheney’s man-sized safe to the National Security Agency’s massive intelligence gathering, secrecy has too often captured the American government’s modus operandi better than the ideals of the Constitution. In this important book, Frederick A.O. Schwarz Jr., who was chief counsel to the US Church Committee on Intelligence—which uncovered the FBI’s effort to push Martin Luther King Jr. to commit suicide; the CIA’s enlistment of the Mafia to try to kill Fidel Castro; and the NSA’s thirty-year program to get copies of all telegrams leaving the United States—uses examples ranging from the dropping of the first atomic bomb and the Cuban Missile Crisis to Iran–Contra and 9/11 to illuminate this central question: How much secrecy does good governance require? Schwarz argues that while some control of information is necessary, governments tend to fall prey to a culture of secrecy that is ultimately not just hazardous to democracy but antithetical to it. This history provides the essential context to recent cases from Chelsea Manning to Edward Snowden. Democracy in the Dark is a natural companion to Schwarz’s Unchecked and Unbalanced, cowritten with Aziz Huq, which plumbed the power of the executive branch—a power that often depends on and derives from the use of secrecy. “[An] important new book . . . Carefully researched, engagingly written stories of government secrecy gone amiss.” —The American Prospect
This monograph offers a uniquely comprehensive and in-depth legal account of official secrets in the European Union. It critically analyses their implications for oversight and fundamental rights. Based on forty interviews with practitioners and other stakeholders, it offers an understanding of the practices of official secrets and provides a critical and much-needed perspective on how parliamentary, judicial and administrative oversight institutions deal with access to classified material and the dilemma of oversight to concurrently ensure secrecy necessary for EU security policies and openness needed for democratic processes and fundamental rights. The book discerns shifts in institutional practice of oversight at the European Parliament and the Court of Justice of the European Union that disproportionately favour secrecy and the protection of classified documents while creating serious limitations to open democratic deliberations and access to justice, and delivers new insights on the EU's development as a security actor as well as its autonomy from Member States, showing how rules on official secrets were a means for the EU to gain more autonomy in external security cooperation.
After 9/11, the United States government embarked on an unprecedented effort to protect America. The result has been calamitous: after ten years of unparalleled spending and growth, the result is that a system put in place to keep America safe may in fact be putting us in even greater danger-but we don't know because it's all Top Secret. In TOP SECRET AMERICA, award-winning journalists Dana Priest and William M. Arkin lift the curtain on this clandestine universe. From the companies and agencies keeping track of American citizens and the military commanders building America's first "top secret city" to a hidden army within the U.S. military more secret than the CIA, this new national security octopus has become a self-sustaining "Fourth Branch" of government. A tour de force of investigative journalism, TOP SECRET AMERICA presents a fascinating and disturbing account of government run amok and a war on terrorism gone wrong in a post-9/11.