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Secrecy News - 05/02/05

From: Steven Aftergood <saftergood.nul>
Date: Mon, 2 May 2005 14:04:25 -0400
Fwd Date: Tue, 03 May 2005 12:02:46 -0400
Subject: Secrecy News - 05/02/05


SECRECY NEWS
from the FAS Project on Government Secrecy
Volume 2005, Issue No. 42
May 2, 2005


**	CONTROLS ON "DEEMED EXPORTS" MAY THREATEN RESEARCH
**	LEGAL RESTRAINTS ON RENDITION OF PRISONERS (CRS)
**	NANOTECH FOR THE INTELLIGENCE COMMUNITY
**	ARMY FIELD MANUAL ON CIVIL DISTURBANCE OPERATIONS
**	SENATORS QUESTION FISA CLASSIFICATION POLICY


CONTROLS ON "DEEMED EXPORTS" MAY THREATEN RESEARCH

Scientists in academia and elsewhere are expressing alarm that
government actions to expand controls on so-called "deemed
exports" could have the unintended consequence of stifling basic
research.

A "deemed export" occurs when a foreign national working in the
United States gains access to technology - or information - that
is export controlled.

As noted by the Department of Commerce Inspector General last
year, "Export controls of technical data apply to a wide variety
of information, including technology related to the design,
development, and use of certain products such as computers,
semiconductors, integrated circuits, lasers, and sensors."

Strict enforcement of controls on such information would require
imposing severe, possibly unworkable limits on interactions with
foreign scientists and with foreign students in the U.S.

"Depending on how you parse the requirements," one distinguished
academic scientist said yesterday, "their impact would range
from serious to disastrous."

If controls on access to laboratory equipment are enforced by
surveillance and monitoring systems, another eminent scientist
said, "then the notion of an open university disappears at that
point."

The latest concerns were triggered by a notice from the
Department of Commerce announcing a proposal to revise and
"clarify" requirements on deemed exports. Comments on the
proposal are invited through May 27. See the March 28 Federal
Register notice here:

http://www.fas.org/sgp/news/2005/03/fr032805.html

The National Academy of Sciences will host a workshop on Friday,
May 6 to consider the implications of the emerging policy, and
possible alternatives. For more information, see the web site of
the Roundtable on Scientific Communication and National
Security:

http://www7.nationalacademies.org/rscans/

From a different perspective, the U.S. Government's National
Counterintelligence Executive (NCIX) recently expressed its own
concern that "Foreign access to state-of-the-art technology can
only rise as an increasing share of Doctorates awarded by US
universities in the fields of science and engineering go to
foreign-born researchers."

The NCIX report cited National Science Foundation data that 28
percent of US doctorates in science and technology went to non-
 US citizens in 1995, rising to 38 percent in 2003.

See the 2004 Annual Report to Congress on Foreign Economic
Collection and Industrial Espionage, National
Counterintelligence Executive, April 2005 (1.7 MB PDF file):

http://www.fas.org/irp/ops/ci/docs/2004.pdf

Pressure to curtail foreign national participation in U.S.
scientific activity has also been driven by some members of
Congress, who see only threats and no benefits to international
scientific cooperation.

"I would suggest the standard we should use is that Chinese
students are free to come here as long as they're studying
poetry and [free] enterprise, and not high-tech systems that
could have dual use," said Rep. Dana Rohrabacher (R-CA) at an
April 14 House hearing.


LEGAL RESTRAINTS ON RENDITION OF PRISONERS (CRS)

The laws governing "rendition" or transfer of a prisoner from
one country to another for purposes of interrogation are
considered in a new report from the Congressional Research
Service.

"Although the particularities regarding the usage of
extraordinary renditions and the legal authority behind such
renditions is not publically available, various U.S. officials
have acknowledged the practice's existence."

"Recently, there has been some controversy as to the usage of
renditions by the United States, particularly with regard to the
alleged transfer of suspected terrorists to countries known to
employ harsh interrogation techniques that may rise to the level
of torture, purportedly with the knowledge or acquiescence of
the United States."

"This report discusses relevant international and domestic law
restricting the transfer of persons to foreign states for the
purpose of torture."

See "Renditions: Constraints Imposed by Laws on Torture,"
Congressional Research Service, April 28, 2005:

http://www.fas.org/sgp/crs/natsec/RL32890.pdf


NANOTECH FOR THE INTELLIGENCE COMMUNITY

Nanoscale devices "that take advantage of quantum and other
phenomena offer exciting possibilities for future [Intelligence
Community] applications," according to a recent report from the
National Academy of Sciences.

Areas of potential interest include quantum computing and
communication, molecular electronics, and intelligent sensor
networks.

However, some proposed capabilities are "highly speculative or
specious," the Academy study said. The Intelligence Community
should develop in-house expertise to help it "avoid investing in
'science fiction' areas such as nonbiological exponential
manufacturing systems (assemblers)."

A three-page unclassified summary of the 2005 report on
"Nanotechnology for the Intelligence Community" may be found
here:

http://www.nap.edu/catalog/11276.html


ARMY FIELD MANUAL ON CIVIL DISTURBANCE OPERATIONS

A new U.S. Army field manual articulates military doctrine for
confronting civil unrest abroad and at home.

"In addition to covering civil unrest doctrine for OCONUS
[outside continental United States] operations, [the new manual]
addresses domestic unrest and the military role in providing
assistance to civil authorities requesting it for civil
disturbance operations."

See Field Manual (FM) 3-19.15, "Civil Disturbance Operations,"
18 April 2005 (256 pages, 5.6 MB PDF file):

http://www.fas.org/irp/doddir/army/fm3-19-15.pdf

The U.S. Army has also newly updated its regulations on
"Military Justice." See AR 27-10, 27 April 2005 (171 pages, 1.0
MB PDF file):

http://www.fas.org/irp/doddir/army/ar27-10.pdf


SENATORS QUESTION FISA CLASSIFICATION POLICY

The national security classification system is susceptible to
political abuse not only through needless classification of
information but also through tactical or selective
declassification.

Last year, three Senators asked the Justice Department to
declassify certain aggregate information about how the Foreign
Intelligence Surveillance Act (FISA) was being used, including
the number of times that business records had been accessed
pursuant to a FISA Court order.

This past March, the Justice Department denied their request,
explaining that such information had to remain classified "in
the interest of national security."

But then, two weeks later, Attorney General Alberto Gonzales
disclosed the very same information in open testimony before the
Senate Judiciary Committee.

"We appreciate the declassification of this information," wrote
Democratic Senators Russell D. Feingold, Richard J. Durbin, and
Patrick Leahy.

"However, we were disappointed that the Department chose to
declassify this information at a time that suited its political
ends, rather than in response to our oversight letter, which we
sent to Attorney General Ashcroft more than six months ago."

The three Senators went on to reiterate their request for
further declassification of FISA information. See a copy of
their April 29 letter here:

http://www.fas.org/irp/congress/2005_cr/s042905.pdf




_______________________________________________
Secrecy News is written by Steven Aftergood and published by the
Federation of American Scientists.

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_______________________
Steven Aftergood
Project on Government Secrecy
Federation of American Scientists
web: www.fas.org/sgp/index.html
email: saftergood.nul
voice: (202) 454-4691




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