Georgetown Security Law Brief

Jane's Terrorism and Insurgency Centre instructional webinar

Jane's Terrorism and Insurgency Centre will hold a webinar and virtual tour on July 30 from 2:00-3:00 PM.  See our calendar for details.  Via National Security Blog.

More on Intelligence Authorization Bill: House passes bill

The Washington Post has an article on the House's passage of the Intelligence Authorization Bill of 2009.

White House threatens veto of intelligence bill

Secrecy News discusses the White House's expressed strong opposition to the Fiscal Year 2009 Intelligence Authorization Act, in part because it includes provisions for increased disclosure of classified information to the congressional intelligence oversight committees.

New CRS report on Congressional protection of classified information

Secrecy News notes the release of a new CRS report entitled "Protection of Classified Information by Congress: Practices and Proposals."

Pearlstein on terrorist detention

National Security Advisors relays a new SSRN posting of Deborah Pearlstein's "Avoiding an International Law Fix for Terrorist Detention" (Creighton Law Review, Forthcoming).

Op-ed in favor of DHS transition debate

Security Debrief praises the Department of Homeland Security’s transition process.

Congressional hearings on 9/11 Committee recommendations

Security Debrief criticizes Congress for holding hearings to determine how DHS has implemented 9/11 Committee recommendations while not addressing its own reluctance to act on these issues.

On Saudi charities and Islamist terrorism

The Terror Finance Blog relays a FrontPage Magazine interview with Alex Alexiev of the Center for Security Policy about the role of Saudi charities in supporting terrorism.

UK Intelligence and Security Committee annual report

Spy Blog discusses the latest Intelligence and Security Committee annual report, leaked to the Guardian.

More on DHS influence peddling: Advisor resigns

The Middle East Times has an article on the resignation of a member of a DHS Advisory Committee being investigated for peddling influence in exchange for donations to the Bush library.

Specter and Lieberman argue for anti-libel protection in terrorism sponsorship cases

The Terror Finance Blog relays a Wall Street Journal op-ed by Sens. Arlen Specter and Joseph Lieberman arguing the need for legislation to protect against individuals with alleged connections to terrorist activity who are filing libel suits and winning judgments in foreign courts against American researchers who publish on these matters.

Palestinian Authority attempts to reopen terror finance cases

The Terror Finance Blog relays a Washington Times op-ed discussing the recent attempt by the Palestinian Authority to reopen cases it lost after refusing to defend itself against terror-funding charges.

New CRS report on national security professionals

OpenCRS discusses a new CRS report entitled "Building an Interagency Cadre of National Security Professionals: Proposals, Recent Experience, and Issues for Congress."

New CRS report on FISA

OpenCRS discusses a new CRS report entitled "The Foreign Intelligence Surveillance Act: A Sketch of Selected Issues."

Germany convicts 3 in plot to assassinate Iraqi leader

The New York Times has an article regarding the conviction in a German state court of three men for plotting to kill the Iraqi prime minister on a visit to Berlin in 2004.

Obama calls Iraq a dangerous distraction; McCain responds

CNN has an article about Sen. Obama's major policy address on Iraq, Afghanistan and national security, including a link to an article discussing Sen. McCain's response.  Update: The New York Times covers the debate.

Best ever CIA book?

SpyTalk discusses a recent survey to determine the best book ever written about the CIA.

Afghan government blames Pakistani intelligence agency for attacks

CNN has an article on accusations made by Afghan lawmakers that Pakistan's intelligence agency was involved in a string of deadly attacks in Afghanistan.

DHS influence peddling investigation launched

SpyTalk discusses Shaun Waterman's article indicating that Homeland Security officials are looking into allegations that a member of the department's advisory council offered to arrange meetings with senior administration officials in exchange for a large donation to the Bush presidential library.

FOIA fee waiver alwsuit dismissed as moot

Secrecy News discusses the recent dismissal of the National Security Archive's lawsuit against the CIA concerning the CIA's refusal to give the Archive news media status for its FOIA requests.

Two State Secrets Privilege cases denied cert

SCOTUSblog discusses the denial of cert of several cases this year, particularly two cases involving the State Secrets Privilege:

• El-Masri v. United States: a suit by a German citizen mistakenly abducted by U.S. intelligence officials and held for months at an Afghani prison
• ACLU v. National Security Agency: a challenge to the National Security Agency’s warrantless wiretapping program

Foreign Relations series unlikely to meet legal deadline

Secrecy News discusses a new annual report provided to the Secretary of State indicating that the "Foreign Relations of the United States" (FRUS) series, which is the official documentary history of U.S. foreign policy, remains unlikely to meet the legal requirement that it be published no later than 30 years after the events that it describes.

US-Czech agreement allows reclassification of "controlled unclassified information"

Secrecy News discusses an agreement between the US and the Czech Republic that allows government agencies to redesignate "controlled unclassified information" (CUI) as classified information in order to prevent its disclosure under the Freedom of Information Act.

Self-described "Manchurian Candidates" to gather in Connecticut

Danger Room and CQ Politics discuss the upcoming Eleventh Annual Ritual Abuse, Secretive Organizations and Mind Control Conference in Connecticut.

More on Chinese spying: Former Pentagon analyst sentenced

The New York Times has an article on the resolution of the Chinese espionage case against a former Pentagon analyst.  International Intelligence Blog criticizes the sentence.

On UN terrorist designation system reform

Counterterrorism Blog discusses an article just published online in Perspectives on Terrorism alleging that the UN system for designating terrorists is weak, under attack, and needs to be reformed.

Guide to worldwide wiretapping laws

7/15/08:  Kevin's Security Scrapbook relays a link to a guide to interception laws worldwide.

More on FBI security: HQ is secure after all

Secrecy News and Danger Room discuss the FBI's response to the Senate Appropriations Committee report alleging that the J. Edgar Hoover Headquarters Building was not secure for classified intelligence records, indicating that the report was flawed.

Presidential candidates' homeland security priorities

Homeland Security Watch discusses a recent CQ Politics story revealing views likely held by the presidential candidates on homeland security priorities.

More on FISA reform: Bush signs bill into law; ACLU sues

CNN and the New York Times cover Bush's signature of the FISA Amendments bill.  Threat Level discusses the law and the ACLU suit filed against it, and Anthony Arend at Exploring International Law analyzes the law with a link to a very thorough analysis with flowcharts done by Wes Walls of Ketchup and Caviar.

New cases of Chinese espionage

The New York Times has an article on the most recent prosecution of an alleged Chinese spy, this time a defense consultant.

New article on extraordinary rendition

Louis Fisher recently authored “Extraordinary Rendition: The Price of Secrecy”, American University Law Review, volume 57, number 5, June 2008.  Via Secrecy News.

More on US-EU data exchange

The Washington Post has an article on the ongoing negotiations between the U.S. and European countries for the exchange of data in criminal and terrorist cases.  Homeland Security Watch discusses the privacy issues.

Navy Primer on Litigating Classified Information Cases

The James Madison Project recently acquired through FOIA a copy of the Dec. 2007 Navy publication Primer on Litigating Classified Information Cases, successor to a 2002 manual used in all services.

White House ordered to preserve email records

FOIA Blog discusses a recent Memorandum Opinion in the case Citizens for Responsibility and Ethics in Washington v. Office of Administration requiring the OA to preserve all material that would be subject to FOIA if CREW prevails on appeal.

Agencies not complying with email retention requirements

BeSpacific has a summary of a recent GAO report finding that senior federal officials are not complying with requirements to preserve email records, including a discussion of legislation to modernize the Federal Records Act and the Presidential Records Act to ensure the preservation of these important federal records.

More on detainee trials: Govt seeks restored authority to transfer prisoners

SCOTUSblog discusses recent motions made by government lawyers asking the court to restore government authority to transfer prisoners out of the Cuban base without court permission.

Winning the war of ideas

Both Counterterrorism Blog and National Security Blog have entries addressing how the U.S. government and its allies can improve its strategy for winning the "war of ideas" with al-Qaeda and other groups.

More on War Powers legislation

More discussion of the Baker/Christopher proposal for War Powers legislation:

• Another article in the New York Times
• Favorable commentary by Anthony Arend in Exploring International Law
• Discussion in Opinio Juris
• Favorable commentary in Security Dilemmas, adding that the proposal doesn't go far enough
• Summary by BeSpacific with links to several other resources

National Intelligence Symposium for Law Enforcement 2008

NISLE 2008 scheduled for Aug. 27, 2008, at Liberty University in Lynchburg, VA.  Details on the Calendar of Events.

Senate passes FISA reform bill with telecom immunity

On Wednesday the Senate passed a bill to broaden federal wiretap powers and provide immunity to telecom companies who complied with the program in the past.  Extensive coverage and commentary includes:

• An article in the New York Times
• An article in the Washington Post focusing on Sen. Obama's favorable vote
• Two negative commentaries in Threat Level (here and here)
• Ongoing periodic coverage in SpyTalk (here, here, here, and here)
• Coverage in SpyTalk of the ACLU's pledge to "sue President Bush before the ink is dry on his signature"
• A negative commentary in Secrecy News
• A negative op-ed in the Wall Street Journal Law Blog

Call for papers for Privacy and Security Conference

There is a call for papers for the 10th Annual Privacy and Security Conference in Victoria, BC, Canada.

Baker and Christopher advocate for mandatory Congressional approval for war

James Baker and Warren Christopher wrote an op-ed in the New York Times arguing for the replacement of the 1973 War Powers Resolution with a law that would require the President and Congress to consult before going to war.  CNN and the New York Times have articles on it.

Senate Appropriations Committee questions classified homeland security directives

Secrecy News discusses a Senate Appropriations Committee report opining that by classifying some recent Presidential directives on homeland security and restricting their disclosure, the Bush Administration has impeded their effective implementation.

FBI Headquarters not cleared for classified intelligence

Secrecy News discusses a Senate Appropriations Committee report indicating that the J. Edgar Hoover FBI Headquarters Building cannot satisfy government standards for storage and use of classified intelligence records.

FOIA lawsuit over cell phone tracking data

FOIA Blog discusses the filing of a FOIA lawsuit by the ACLU and the Electronic Frontier Foundation against the DOJ over a FOIA request made for information on the government's use of people's cell phones as tracking devices.  The complaint, a press release from the ACLU and other information on the suit may be found here.

Biometrics link foreign detainees to U.S. crimes

The Washington Post has an article discussing how the FBI and military officials have discovered over the past several years that hundreds of foreign detainees have criminal arrest records in the United States.  Intel Dump discusses it.

Hayden's CIA in review

The Washington Post has an article and interview addressing the difficulties that General Hayden's CIA faces in trying to turn the corner on six years of controversy at the same time that it attempts sweeping internal changes.

Iran catches U.S. spies

Jeff Stein discusses the Washington Post column and the New Yorker article about how Iran has captured U.S. Special Operations troops sent there from Iraq.

Detainee cases begin to move after District judges' resolution

SCOTUSblog discusses here and here how the detainee cases are being processed after Boumediene, including a discussion of the separate track being used for some detainees.