The U.S. government has never prosecuted a newspaper or journalist for publishing classified information, and in recent years even the theoretical legal possibility of doing so has evaporated.
By imagining that the statute provides more protection than it does, the FISC’s opinion ends up approving a program that Congress did not contemplate.
And other national-security debates in these three podcasts
On October 25, the Hoover Institution put together a media colloquium which brought together a group of distinguished journalists who work on national security issues and put them face to face for a day with members of its Jean Perkins Task Force on National Security and Law.
FISA Reform on Capitol Hill
The below is the final installment in a five-part series. Part 1 explored the problems stemming from our collective unwillingness to hold software providers accountable for vulnerability-ridden code. Part 2 argued that the technical challenges associated with minimizing software vulnerabilities weigh in favor of, not against, imposing liability on software makers.
This is the fourth installment in a series on whether and how to hold software makers financially liable for the insecurity of their products. Part I offered an overview of the problem of insecure code. Part II countered the notion that the technical challenges associated with minimizing software vulnerabilities weigh against the creation of any kind of maker-liability regime.
What should we do about the NSA? Should we do anything at all? These question are on the forefront these days.
Count me as very skeptical about the suggestions in recent days that neither the White House nor the congressional intelligence committees knew about NSA collections against leaders in allied countries.
So when will the 9/11 case go to trial, anyway? I have observed the Guantanamo proceedings for a while now, and hear the question a lot—from supporters and critics of the military prosecution of Khalid Sheikh Mohammed and four accused co-conspirators.
Two major human rights groups released reports this month that together provide much-needed texture to the debate on civilian casualties from U.S. drone strikes—particularly in the wake of President Obama’s May 23, 2013 speech on the future of the War on Terror.