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A New Paradigm of Classified Disclosures

A New Paradigm of Classified Disclosures

George Ellard, the National Security Agency’s Inspector General, provides his insight into the true damage caused by the Snowden disclosures, with comparisons to both recent and distant past leaks.

Assessing the Leakers: Criminals or Heroes?

Assessing the Leakers: Criminals or Heroes?

David Cole, expanding on his recent piece in The New York Review of Books, considers the perpetrators of the major intelligence leaks currently dominating the headlines: Edward Snowden, Bradley (now Chelsea) Manning, and Julian Assange. Cole reviews the actions and avowed motivations of these individuals—noting their similarities and differences—while subjecting each situation to legal analysis. […]

A Proposal to Reduce Government Overclassification of Information Related to National Security

A Proposal to Reduce Government Overclassification of Information Related to National Security

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 […]

On the Bulk Collection of Tangible Things

On the Bulk Collection of Tangible Things

This article examines the controversy surrounding bulk telephone metadata collection that has ensued since their disclosure in June 2013. The author analyzes the “use of tangible things” provision to acquire telephony metadata, including limitations on this practice, the statutory issues such a practice raises, and the ways in which the Foreign Intelligence Surveillance Court has […]

Discovering the Artichoke: How Mistakes & Omissions Have Blurred the Enabling Intent of the Classified Information Procedures Act

Discovering the Artichoke: How Mistakes & Omissions Have Blurred the Enabling Intent of the Classified Information Procedures Act

Misunderstandings of the Classified Information Procedures Act (CIPA), and confusions between CIPA and the state secrets doctrine, have resulted in a split in federal circuit courts over how CIPA functions. Congress should amend the statute to end this confusion and enhance its original goals—to enable discovery to protect a defendant’s rights and to protect intelligence […]