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

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.

The twenty-first century witnessed a new age of whistleblowing in the United States. Disclosures by Chelsea Manning, Edward Snowden, and others have stoked heated public debates about the ethics of exposing institutional secrets, with roots in a longer history of state insiders revealing privileged information. Bringing together contributors from a range of disciplines to consider political, legal, and cultural dimensions, Whistleblowing Nation is a pathbreaking history of national security disclosures and state secrecy from World War I to the present. The contributors explore the complex politics, motives, and ideologies behind the revelation of state secrets that threaten the status quo, challenging reductive characterizations of whistleblowers as heroes or traitors. They examine the dynamics of state retaliation, political backlash, and civic contests over the legitimacy and significance of the exposure and the whistleblower. The volume considers the growing power of the executive branch and its consequences for First Amendment rights, the protection and prosecution of whistleblowers, and the rise of vast classification and censorship regimes within the national-security state. Featuring analyses from leading historians, literary scholars, legal experts, and political scientists, Whistleblowing Nation sheds new light on the tension of secrecy and transparency, security and civil liberties, and the politics of truth and falsehood.

This innovative teaching text on United States foreign policy interprets the foreign policy decision-making process through the lens of political debate and exchange. It introduces historical developments and theories of U.S. foreign policy and engages students in the politics of the foreign policy process through innovative learning exercises. Features critical analysis of contemporary trends in U.S. foreign policy, including debates in the Obama administration, foreign policy and the 2012 presidential election, and reaction to the Arab Spring Written by an award-winning teacher-scholar in international relations, with extensive experience in both policy making and pedagogy Views foreign policy decision making through the lends of political debate Offers fresh perspectives on historical developments as well as surveying prominent foreign policy theories Includes new and innovative participatory learning exercises exploring a range of themes including executive/ legislature conflict Contains extensive teaching and learning applications, including discussion questions, document templates, worksheets, suggested readings, and links to web resources throughout

The Secrets of Law explores the ways law both traffics in and regulates secrecy. Taking a close look at the opacity built into legal and governance processes, it explores the ways law produces zones of secrecy, the relation between secrecy and justice, and how we understand the inscrutability of law's processes. The first half of the work examines the role of secrecy in contemporary political and legal practices—including the question of transparency in democratic processes during the Bush Administration, the principle of public justice in England's response to the war on terror, and the evidentiary law of spousal privilege. The second half of the book explores legal, literary, and filmic representations of secrets in law, focusing on how knowledge about particular cases and crimes is often rendered opaque to those attempting to access and decode the information. Those invested in transparency must ultimately cultivate a capacity to read between the lines, decode the illegible, and acknowledge both the virtues and dangers of the unknowable.

The second edition of Secret Intelligence: A Reader brings together key essays from the field of intelligence studies, blending classic works on concepts and approaches with more recent essays dealing with current issues and ongoing debates about the future of intelligence. Secret intelligence has never enjoyed a higher profile. The events of 9/11, the conflicts in Iraq and Afghanistan, the missing WMD controversy, public debates over prisoner interrogation, together with the revelations of figures such as Edward Snowden, recent cyber attacks and the rise of 'hybrid warfare' have all contributed to make this a ‘hot’ subject over the past two decades. Aiming to be more comprehensive than existing books, and to achieve truly international coverage of the field, this book provides key readings and supporting material for students and course convenors. It is divided into four main sections, each of which includes full summaries of each article, further reading suggestions and student questions: • The intelligence cycle • Intelligence, counter-terrorism and security • Ethics, accountability and secrecy • Intelligence and the new warfare This new edition contains essays by leading scholars in the field and will be essential reading for students of intelligence studies, strategic studies, international security and political science in general, and of interest to anyone wishing to understand the current relationship between intelligence and policy-making.

Edward Snowden's release of classified NSA documents exposed the widespread government practice of mass surveillance in a democratic society. The publication of these documents, facilitated by three journalists, as well as efforts to criminalize the act of being a whistleblower or source, signaled a new era in the coverage of national security reporting. The contributors to Journalism After Snowden analyze the implications of the Snowden affair for journalism and the future role of the profession as a watchdog for the public good. Integrating discussions of media, law, surveillance, technology, and national security, the book offers a timely and much-needed assessment of the promises and perils for journalism in the digital age. Journalism After Snowden is essential reading for citizens, journalists, and academics in search of perspective on the need for and threats to investigative journalism in an age of heightened surveillance. The book features contributions from key players involved in the reporting of leaks of classified information by Edward Snowden, including Alan Rusbridger, former editor-in-chief of The Guardian; ex-New York Times executive editor Jill Abramson; legal scholar and journalist Glenn Greenwald; and Snowden himself. Other contributors include dean of Columbia Graduate School of Journalism Steve Coll, Internet and society scholar Clay Shirky, legal scholar Cass Sunstein, and journalist Julia Angwin. Topics discussed include protecting sources, digital security practices, the legal rights of journalists, access to classified data, interpreting journalistic privilege in the digital age, and understanding the impact of the Internet and telecommunications policy on journalism. The anthology's interdisciplinary nature provides a comprehensive overview and understanding of how society can protect the press and ensure the free flow of information.