secrecy

Should Congress create a public’s right to appeal secret FISA court rulings?

A former judge on the Foreign Intelligence Surveillance Court suggests a mechanism to allow appeals of secret court proceedings while still safeguarding national security. In a New York Times op-ed column, senior federal judge James G. Carr advocates appointment of “independent lawyers with security clearances to serve ‘pro bono publico’ — for the public’s good — to challenge the government when an application for a FISA order raises new legal issues.” Full story

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A judge’s ‘blow against government secrecy’

The “national security letters” issued by the FBI seeking private information about individuals’ bank accounts, communications and other activities are unconstitutional because they ban recipients from even acknowledging they exist. U.S. District Judge Susan Illston of San Francisco ruled that the FBI must cease issuing the gag orders, but put the decision on hold in anticipation of a government appeal, according to the San Francisco Chronicle, which characterized the order as a “blow against government

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Government’s dangerous crackdown on whistle-blowers

In a New York Times op-ed, two esteemed First Amendment advocates argue that the Private Bradley Manning case underscores a grave threat to the press and public — no matter what you think of Manning’s judgment when he released volumes of documents to WikiLeaks. While attorney Floyd Abrams argues that Manning acted carelessly, Harvard law professor Yochai Benkler asserts that Manning behaved much like Daniel Ellsberg, who famously released the Pentagon Papers — secret documents

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The role of leaks in a democracy

Government struggles to protect its secrets; the media struggle to expose government excess. It’s a delicate dance, and an essential one in a democracy, says the New York Times’ public editor. While the administration has an obligation to protect the national security, the public has a right and need to know about prisoner abuse at Abu Ghraib and justification for drone killings, among other things, she says. So the chilling effect of the Obama administration’s

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Critics say access bill could have opposite result

A bill purporting to give the public more access to gas and electric company safety records in California could do just the opposite, opponents say. The legislation, proposed by Assemblyman Roger Dickinson, D-Sacramento, would eliminate the ability of utility companies to unilaterally declare documents secret, instead giving authority over decisions to the state Public Utilities Commission. But opponents say it also would create broad categories of information that’s off limits to the public. The bill

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