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Retroactively Classified Documents, the First Amendment, and the Power to Make Secrets out of the Public Record
ARTICLE DO YOU HAVE TO KEEP THE GOVERNMENT’S SECRETS? RETROACTIVELY CLASSIFIED DOCUMENTS, THE FIRST AMENDMENT, AND THE POWER TO MAKE SECRETS OUT OF THE PUBLIC RECORD JONATHAN ABEL† INTRODUCTION ............................................................................ 1038 I. RETROACTIVE CLASSIFICATION IN PRACTICE AND THEORY ... 1042 A. Examples of Retroactive Classification .......................................... 1043 B. The History of Retroactive Classification ....................................... 1048 C. The Rules Governing Retroactive Classification ............................. 1052 1. Retroactive Reclassification ............................................... 1053 2. Retroactive “Original” Classification ................................. 1056 3. Retroactive Classification of Inadvertently Declassified Documents .................................................... 1058 II. CAN I BE PROSECUTED FOR DISOBEYING RETROACTIVE CLASSIFICATION? ............................................ 1059 A. Classified Documents ................................................................. 1059 1. Why an Espionage Act Prosecution Would Fail ................. 1061 2. Why an Espionage Act Prosecution Would Succeed ........... 1063 3. What to Make of the Debate ............................................. 1066 B. Retroactively Classified Documents ...............................................1067 1. Are the Threats of Prosecution Real? ................................. 1067 2. Source/Distributor Divide ............................................... -
British Intelligence, Counter-Subversion, and ‘Informal Empire’ in the Middle East
British Intelligence, Counter-Subversion, and ‘Informal Empire’ in the Middle East, 1949-63 CHIKARA HASHIMOTO This thesis is submitted for the degree of Doctor of Philosophy September 2013 DECLARATION This work has not previously been accepted in substance for any degree and is not being concurrently submitted in candidature for any degree. Signed ...................................................................... (candidate) Date ........................................................................ STATEMENT 1 This thesis is the result of my own investigations, except where otherwise stated. Where *correction services have been used, the extent and nature of the correction is clearly marked in a footnote(s). Other sources are acknowledged by footnotes giving explicit references. A bibliography is appended. Signed ..................................................................... (candidate) Date ........................................................................ [*this refers to the extent to which the text has been corrected by others] STATEMENT 2 I hereby give consent for my thesis, if accepted, to be available for photocopying and for inter-library loan, and for the title and summary to be made available to outside organisations. Signed ..................................................................... (candidate) Date ........................................................................ 2 SUMMARY This thesis is a history of a hitherto unexplored dimension of Britain’s engagement with the post-war Middle East with -
Strategic Latency: Red, White, and Blue Managing the National and International Security Consequences of Disruptive Technologies Zachary S
Strategic Latency: Red, White, and Blue Managing the National and International Security Consequences of Disruptive Technologies Zachary S. Davis and Michael Nacht, editors Center for Global Security Research Lawrence Livermore National Laboratory February 2018 Disclaimer: This document was prepared as an account of work sponsored by an agency of the United States government. Neither the United States government nor Lawrence Livermore National Security, LLC, nor any of their employees makes any warranty, expressed or implied, or assumes any legal liability or responsibility for the accuracy, completeness, or usefulness of any information, apparatus, product, or process disclosed, or represents that its use would not infringe privately owned rights. Reference herein to any specific commercial product, process, or service by trade name, trademark, manufacturer, or otherwise does not necessarily constitute or imply its endorsement, recommendation, or favoring by the United States government or Lawrence Livermore National Security, LLC. The views and opinions of authors expressed herein do not necessarily state or reflect those of the United States government or Lawrence Livermore National Security, LLC, and shall not be used for advertising or product endorsement purposes. LLNL-BOOK-746803 Strategic Latency: Red, White, and Blue: Managing the National and International Security Consequences of Disruptive Technologies Zachary S. Davis and Michael Nacht, editors Center for Global Security Research Lawrence Livermore National Laboratory February -
2013 Annual Report
The National Security Archive The George Washington University Phone: 202/994-7000 Gelman Library, Suite 701 Fax: 202/994-7005 2130 H Street, N.W. www. nsarchive.org Washington, D.C. 20037 [email protected] Annual Report for 2013 The following statistics provide a performance index of the Archive’s work in 2013: Freedom of Information and declassification requests filed – 1,167 Freedom of Information and declassification appeals filed – 219 Pages of U.S. government documents released as the result of Archive requests – 82,537 including such news-making revelations as the first official acknowledgement of the legendary “Area 51” secret base in Nevada; U.S. intelligence’s detection in December 1995 of activities at the Indian nuclear test site that suggested underground test preparations; U.S. and British records relating to Canadian intelligence’s discovery in 1964 that Israel had contracted with Argentina to purchase over 80 tons of “yellow cake,” with virtually nonexistent safeguards; CIA materials officially acknowledging the agency’s direct role in the 1953 Iran coup; and documentary evidence of the collusion of Mexican officials with the Zeta drug cartel in the 2010 San Fernando massacre of 72 migrants attempting to reach the United States. Pages of declassified documents delivered to publisher – 23,819 in one reference collection: Mexico-United States Counternarcotics Policy, 1969-2013. Evidence delivered to truth commissions and human rights investigators – 2,000 documents to United Nations High Commissioner for Human Rights -
Martin Luther King, Muhammad Ali, Art Buchwald, Frank Church, Et Al
Prominent Critics of Vietnam War Targeted by NSA: Martin Luther King, Muhammad Ali, Art Buchwald, Frank Church, et al. By Matthew M. Aid and William Burr Region: USA Global Research, September 27, 2013 Theme: History, Intelligence, US NATO War The National Security Archive 25 September Agenda 2013 During the height of the Vietnam War protest movements in the late 1960s and early 1970s, the National Security Agency tapped the overseas communications of selected prominent Americans, most of whom were critics of the war, according to a recently declassified NSA history. For years those names on the NSA’s watch list were secret, but thanks to the decision of an interagency panel, in response to an appeal by the National Security Archive, the NSA has released them for the first time. The names of the NSA’s targets are eye- popping. Civil rights leaders Dr. Martin Luther King and Whitney Young were on the watch list, as were the boxer Muhammad Ali,New York Times journalist Tom Wicker, and veteran Washington Post humor columnist Art Buchwald. Also startling is that the NSA was tasked with monitoring the overseas telephone calls and cable traffic of two prominent members of Congress, Senators Frank Church (D-Idaho) and Howard Baker (R-Tennessee). The NSA history, American Cryptology during the Cold War, is a multi-volume study that covers the intersection of secret communications intelligence with Cold War history. The National Security Archive filed the initial mandatory declassification review request for the histories in 2006. The next year, when the NSA denied significant information from the histories the Archive filed an appeal. -
NSA-FOIACASELOG-2016.Pdf
This document is made available through the declassification efforts and research of John Greenewald, Jr., creator of: The Black Vault The Black Vault is the largest online Freedom of Information Act (FOIA) document clearinghouse in the world. The research efforts here are responsible for the declassification of hundreds of thousands of pages released by the U.S. Government & Military. Discover the Truth at: http://www.theblackvault.com NATIONAL SECURITY AGENCY CENTRAL SECURITY SERVICE FORT GEORGE G. MEADE, MARYLAND 20755-6000 FOIA Case: 100503A 4 April 2017 JOHN GREENEWALD Dear Mr. Greenewald: This responds to your Freedom of Information Act (FOIA) request dated 1 January 2017 which was received by this office on 2 January 2017, for "a copy of the FOIA case log for calendar year 2016." For purposes of this request and based on the information you provided in your letter, you are considered an "all other" requester. As such, you are allowed 2 hours of search and the duplication of 100 pages at no cost. Since processing fees were minimal, no fees were assessed. Your request has been processed under the FOIA, and the logs for calendar year 2016 are enclosed, along with a FOIA Case Dispositions reference sheet that explains the final case dispositions. Please be advised that the logs do not contain the number of pages released. They contain a final disposition if the case was closed at the time the logs were created. If there is no final disposition, the case was still pending at the time the logs were created. Certain information has been deleted from the enclosures. -
Full Autumn 2010 Issue the .SU
Naval War College Review Volume 63 Article 1 Number 4 Autumn 2010 Full Autumn 2010 Issue The .SU . Naval War College Follow this and additional works at: https://digital-commons.usnwc.edu/nwc-review Recommended Citation Naval War College, The .SU . (2010) "Full Autumn 2010 Issue," Naval War College Review: Vol. 63 : No. 4 , Article 1. Available at: https://digital-commons.usnwc.edu/nwc-review/vol63/iss4/1 This Full Issue is brought to you for free and open access by the Journals at U.S. Naval War College Digital Commons. It has been accepted for inclusion in Naval War College Review by an authorized editor of U.S. Naval War College Digital Commons. For more information, please contact [email protected]. Naval War College: Full Autumn 2010 Issue NAVAL WAR C OLLEG EREVIEW NAVAL WAR COLLEGE REVIEW Autumn 2010 Volume 63, Number 4 Autumn 2010 Autumn Published by U.S. Naval War College Digital Commons, 2010 1 _Cover.indd 1 8/9/2010 1:14:21 PM Naval War College Review, Vol. 63 [2010], No. 4, Art. 1 Cover Details from the “Black Ship scrolls,” created in Japan soon after the visits of Commodore Matthew Calbraith Perry’s squadron in 1853 and 1854. Digitized copies of the original scrolls, on long-term loan from the Preserva- tion Society of Newport County, Rhode Island, are on display at the Naval War College Museum. They appear in an attractive new exhibit space on the fi rst fl oor produced by moving the Naval War College Foundation’s Museum Store to an expanded site in the Museum’s fi rst-fl oor west wing. -
THE TWILIGHT of the BRITISH EMPIRE British Intelligence and Counter- Subversion in the Middle East, 1948−63
Intelligence, Surveillance and Secret Warfare THE TWILIGHT OF THE BRITISH EMPIRE British Intelligence and Counter- Subversion in the Middle East, 1948−63 Chikara Hashimoto The Twilight of the British Empire Intelligence, Surveillance and Secret Warfare Series editors: Richard J. Aldrich, Rory Cormac, Michael S. Goodman and Hugh Wilford Published and forthcoming titles The Arab World and Western Intelligence: Analysing the Middle East, 1956–1981 Dina Rezk Chile, the CIA and the Cold War: A Transatlantic Perspective James Lockhart The CIA and the Pursuit of Security: History, Documents and Contexts Huw Dylan, David Gioe and Michael S. Goodman www.edinburghuniversitypress.com/series/isasw The Twilight of the British Empire British Intelligence and Counter- Subversion in the Middle East, 1948–63 Chikara Hashimoto Edited by Rory Cormac Edinburgh University Press is one of the leading university presses in the UK. We publish academic books and journals in our selected subject areas across the humanities and social sciences, combining cutting- edge scholarship with high editorial and production values to produce academic works of lasting importance. For more information visit our website: edinburghuniversitypress.com © Chikara Hashimoto, 2017 Edinburgh University Press Ltd The Tun – Holyrood Road 12(2f) Jackson’s Entry Edinburgh EH8 8PJ Typeset in 11/14 Sabon by Servis Filmsetting Ltd, Stockport, Cheshire printed and bound in Great Britain by CPI Group (UK) Ltd, Croydon CR0 4YY A CIP record for this book is available from the British Library ISBN 978 1 4744 1045 8 (hardback) ISBN 978 1 4744 1046 5 (webready PDF) ISBN 978 1 4744 1047 2 (epub) The right of Chikara Hashimoto to be identified as the author of this work has been asserted in accordance with the Copyright, Designs and Patents Act 1988, and the Copyright and Related Rights Regulations 2003 (SI No. -
Uncovering No Such Agency—The Secret Sentry: the Untold History of the National Security Agency
Naval War College Review Volume 63 Article 13 Number 4 Autumn 2010 Uncovering No Such Agency—The ecrS et Sentry: The nU told History of the National Security Agency John R. Schindler Matthew M. Aid Follow this and additional works at: https://digital-commons.usnwc.edu/nwc-review Recommended Citation Schindler, John R. and Aid, Matthew M. (2010) "Uncovering No Such Agency—The eS cret Sentry: The nU told History of the National Security Agency," Naval War College Review: Vol. 63 : No. 4 , Article 13. Available at: https://digital-commons.usnwc.edu/nwc-review/vol63/iss4/13 This Article is brought to you for free and open access by the Journals at U.S. Naval War College Digital Commons. It has been accepted for inclusion in Naval War College Review by an authorized editor of U.S. Naval War College Digital Commons. For more information, please contact [email protected]. Color profile: Generic CMYK printer profile Composite Default screen Schindler and Aid: Uncovering No Such Agency—The Secret Sentry: The Untold History o REVIEW ESSAYS UNCOVERING NO SUCH AGENCY John R. Schindler Aid, Matthew M. The Secret Sentry: The Untold History of the National Security Agency. New York: Bloomsbury, 2009. 432pp. $30 The National Security Agency (NSA) has been for decades America’s largest, best-funded, and most secretive intelligence service. Since its establishment in 1952 as an independent agency under the Department of Defense (DoD), charged with providing signals intelligence (SIGINT) and information security for the U.S. government, NSA has operated essentially in silence. The wall of secrecy surrounding nearly all that the agency does has deterred most scholarly inquiry. -
Inteligência
Dossiê Temático Nº06/2009 Inteligência Bolsistas Responsáveis: Luciana Ghiggi Sílvia Sebben Porto Alegre, Setembro/2009 NERINT | 1 Sumário A – Documentos Acadêmicos ................................................................................................... 3 Inteligência e Políticas Públicas: dinâmicas operacionais e condições de legitimação .......... 3 The Study of Intelligence in Theory and Practice ................................................................ 18 B – Clipping de Notícias .......................................................................................................... 40 C – Clipping de Notícias (Colômbia) ........................................................................................ 67 D – Leituras Recomendadas ................................................................................................... 77 E – Anexos .............................................................................................................................. 78 TABELA: Casos Nacionais – separação organizacional do sistema de inteligência, regime político, gastos públicos (% PIB) e PIB ............................................................................... 78 GRÁFICO: Distribuição de regimes políticos entre os 35 casos nacionais ........................... 79 GRÁFICO: Separação Organizacional X Regime Político ...................................................... 79 GRÁFICO: Separação Organizacional X Gastos Públicos (% PIB) ......................................... 80 NERINT | 2 A – DOCUMENTOS -
2006 Annual Report
The National Security Archive The George Washington University Phone: 202/994-7000 Gelman Library, Suite 701 Fax: 202/994-7005 2130 H Street, N.W. www.nsarchive.org Washington, D.C. 20037 [email protected] Annual Report for 2006 The following statistics provide a performance index of the Archive’s work in 2006: ♦ Freedom of Information and declassification requests filed – 2,233 ♦ Freedom of Information and declassification appeals filed – 549 ♦ Pages of U.S. government documents released as the result of Archive requests – 89,153, including such newsmaking revelations as the unjustifiable reclassification of the long-public numbers of U.S. strategic bombers and missiles deployed during the 1960s and 1970s; documents that reveal that the Nixon administration came to a nuclear understanding with Golda Meir and ended American pressure for Israel to end its nuclear program; a declassified After Action report from the April 1999 Desert Crossing war games concluding that an invasion and post-war administration of Iraq would require 400,000 troops to stabilize the country following the removal of Saddam Hussein; and Veterans Administration reports indicate 1 in 4 veterans of the Iraq and Afghanistan wars are filing disability claims. ♦ Pages of declassified documents delivered to publisher – 8,386, in one reference collection: U.S. Intelligence on Weapons of Mass Destruction: From World War II to Iraq (Ann Arbor, Michigan: ProQuest Information & Learning/ Chadwyck-Healey, 2006) ♦ Books published by Archive staff and fellows–6 From Solidarity to Martial Law: The Polish Crisis of 1980-1981 by Andrzej Paczkowski and Malcolm Byrne (Budapest, Hungary: Central European University Press, 2006, 548 pp.); Spying on the Bomb: American Nuclear Intelligence from Nazi Germany to Iran and North Korea by Jeffrey T. -
Intelligence Cooperation and the War on Terror
Intelligence Cooperation and the War on Terror This book provides an in-depth analysis of UK–US intelligence cooperation in the post-9/11 world. Seeking to connect an analysis of intelligence liaison with the wider realm of Anglo-American Relations, the book draws on a wide range of interviews and consultations with key actors in both countries. The book is centred around two critical and empirical case studies, focusing on the interactions on the key issues of counterterrorism and weapons of mass destruction (WMD) counter-proliferation. These case studies provide substantive insights into a range of interactions such as 9/11, the 7/7 London bombings, the A.Q. Khan nuclear network, the prelude to the 2003 Iraq War, extraordinary renditions and Special Forces deployments. Drawing on over 60 interviews conducted in the United Kingdom and United States with prominent decision-makers and practitioners, these issues are exam- ined in the contemporary historical context, with the main focus being on the years 2000–5. This book will be of much interest to students of intelligence studies, foreign policy, security studies and International Relations in general. Adam D.M. Svendsen has a PhD in International History from the University of Warwick. He has been a Visiting Scholar at the Center for Peace and Security Studies, Georgetown University, and has contributed to the International Secur- ity Programme at Chatham House and to the work of IISS, London. Studies in intelligence series General Editors: Richard J. Aldrich and Christopher Andrew ISSN: 1368–9916 British Military Intelligence in the TET 1968 Palestine Campaign 1914–1918 Understanding the surprise Yigal Sheffy Ronnie E.