In his essay on domestic surveillance, Philip Heymann explores the ways in which technological advancements have changed expectations of privacy and the legal protections against government intrusion. He outlines current constitutional and other legal protections, including evolving limitations on government activity that could be considered not a “search” under the Fourth Amendment. Heymann concludes with predictions about the future balance between citizens’ demands for privacy and the government need for information.
Lin explores the phenomenon of overclassification in American society and proposes a classification cost metric in order to create serious economic incentives to reduce classification. The metric would provide decision makers with a way to judge the relative importance of different classified documents and allow officials to classify documents on a more objective scale. The author relates a number of questions and answers relating to the underlying approach, the mechanics, budget and finance, and law and policy, thereby parsing out the strengths and weaknesses of his proposal.
In May 2011, shortly after a special operations team of Navy SEALs killed al Qaeda leader Osama bin Laden, there was a fresh surge of enthusiasm for covert operations. That is unfortunate because, behind the scenes, secret warfare is actually in crisis. We need to re-examine the suitability and constitutionality of covert operations and, among other things, devise a sound constitutional framework for conducting them.
I. HOST COUNTRY REACTIONS: PAKISTAN
A delegation of Pakistani officials recently completed a visit to Washington for very private talks about a secret war. Representing that nation’s premier spy agency, the Inter-Services Intelligence (ISI), and headed by its chief, Lieutenant General Ahmed Shuja Pasha, the Pakistani delegation came to America to rein in the CIA. While CIA spokesmen put the best possible face on this event – calling the talks “productive” – there was no real meeting of the minds. The raid on bin Laden, executed without reference to Pakistani sovereignty, added insult to injury, since Pakistani demands to be kept fully informed of U.S. activities were clearly ignored in the SEAL operation. And just to pile on, American pundits, including former CIA director Leon Panetta, proceeded to accuse Pakistan of complicity or incompetence, given bin Laden’s presence in a Pakistani garrison town. Observers should be in no doubt that this moment marks a watershed in the South Asian secret war. Much like the Tet Offensive in the Vietnam conflict, the event signifies the instant when U.S. capabilities peak, past which further escalation on any plane becomes less probable.