This book considers how excessive national security secrecy undercuts democracy and the rule of law, necessitating comparative and critical analysis toward potential reforms.

ÔThis is an important collection of scholarly essays that will illuminate positive legal developments and normative constitutionalist concerns in the expanding arena of secret government decisions. This book is indispensable reading for those concerned with constitutionalism, the rule of law and democracy as they bear on the tensions between secrecy and disclosure in government responses to terrorism.Õ Ð Vicki C. Jackson, Harvard University Law School, US ÔThis book contains the broadest and deepest analysis of the legal and policy issues that relate to secrecy and national security on one hand, and the imperatives of a functioning democracy on the other. The broadest because it brings to bear materials from many countries, the deepest because it brilliantly explores a core problem of constitutional government.Õ Ð Norman Dorsen, New York University, US and President, American Civil Liberties Union, 1976Ð1991 Virtually every nation has had to confront tensions between the rule-of-law demands for transparency and accountability and the need for confidentiality with respect to terrorism and national security. This book provides a global and comparative overview of the implications of governmental secrecy in a variety of contexts. Expert contributors from around the world discuss the dilemmas posed by the necessity for Ð and evils of Ð secrecy, and assess constitutional mechanisms for checking the abuse of secrecy by national and international institutions in the field of counter-terrorism. In recent years, nations have relied on secret evidence to detain suspected terrorists and freeze their assets, have barred lawsuits alleging human rights violations by invoking Ôstate secretsÕ, and have implemented secret surveillance and targeted killing programs. The book begins by addressing the issue of secrecy at the institutional level, examining the role of courts and legislatures in regulating the use of secrecy claims by the executive branch of government. From there, the focus shifts to the three most vital areas of anti-terrorism law: preventive detention, criminal trials and administrative measures (notably, targeted economic sanctions). The contributors explore how assertions of secrecy and national security in each of these areas affect the functioning of the legal system and the application of procedural justice and fairness. Students, professors and researchers interested in constitutional law, international law, comparative law and issues of terrorism and security will find this an invaluable addition to the literature. Judges, lawyers and policymakers will also find much of use in this critical volume.

Why do recent depictions of government secrecy and surveillance so often use images suggesting massive size and scale: gigantic warehouses, remote black sites, numberless security cameras? Drawing on post-War American art, film, television, and fiction, Matthew Potolsky argues that the aesthetic of the sublime provides a privileged window into the nature of modern intelligence, a way of describing the curiously open secret of covert operations. The book tracks the development of the national security sublime from the Cold War to the War on Terror, and places it in a long history of efforts by artists and writers to represent political secrecy.

Horton argues that the rise of the National Security State is stabbing at the heart of American democracy.

An intensely controversial scrutiny of American democracy's fundamental tension between the competing imperatives of security and openness.

The terrorist attacks on the World Trade Center in New York on 11 September 2001 saw the start of the so-called war on terror. The aim of ‘In the Name of Security – Secrecy, Surveillance and Journalism’ is to assess the impact of surveillance and other security measures on in-depth public interest journalism. How has the global fear-driven security paradigm sparked by 11 September affected journalism? At the core of the book sits what the authors have labeled the ‘trust us dilemma’. Governments justify passing, at times, oppressive and far-reaching anti-terror laws to keep citizens safe from terror. By doing so governments are asking the public to trust their good intentions and the integrity of the security agencies. But how can the public decide to trust the government and its agencies if it does not have access to information on which to base its decision? ‘In the Name of Security – Secrecy, Surveillance and Journalism’ takes an internationally comparative approach using case studies from the powerful intelligence-sharing group known as the Five Eyes consisting of the US, Canada, the UK, Australia and New Zealand. Chapters assessing a selection of EU countries and some of the BRICS countries provide additional and important points of comparison to the English-speaking countries that make up the Five Eyes.

The National Security Agency is the world’s most powerful, most far-reaching espionage. Now with a new afterword describing the security lapses that preceded the attacks of September 11, 2001, Body of Secrets takes us to the inner sanctum of America’s spy world. In the follow-up to his bestselling Puzzle Palace, James Banford reveals the NSA’s hidden role in the most volatile world events of the past, and its desperate scramble to meet the frightening challenges of today and tomorrow. Here is a scrupulously documented account—much of which is based on unprecedented access to previously undisclosed documents—of the agency’s tireless hunt for intelligence on enemies and allies alike. Body of secrets is a riveting analysis of this most clandestine of agencies, a major work of history and investigative journalism. A New York Times Notable Book