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 […]
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
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 […]
Free Speech Aboard the Leaky Ship of State: Calibrating First Amendment Protections for Leakers of Classified Information
The stakes are higher now than ever before in determining the First Amendment protections due government insiders who leak classified information to the press. Prior to the George W. Bush administration, only one person in American history had been successfully prosecuted for such a leak, and only two prosecutions had been brought. The Bush administration placed greater heat […]
This article analyzes two examples of the gap between rhetoric and practice in transparent governance, Internet freedom and intellectual property negotiations, and argues that the Obama administration’s lack of transparency results from structural features of the modern executive branch.
In one of her speeches on Internet freedom, Secretary of State Hillary Rodham Clinton said that “[t]he fact that WikiLeaks used the internet is not the reason we criticized its actions.” Although Clinton is correct that it is essential to separate the technology WikiLeaks uses from its actions, the digital age has raised new concerns about the unauthorized dissemination of sensitive national security information.