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Location: UFOUpDatesList.Com > 2007 > Oct > Oct 11

Secrecy News -- 10/10/07

From: Steven Aftergood <saftergood.nul>
Date: Wed, 10 Oct 2007 17:00:02 -0400
Archived: Thu, 11 Oct 2007 11:05:17 -0400
Subject: Secrecy News -- 10/10/07



SECRECY NEWS
from the FAS Project on Government Secrecy
Volume 2007, Issue No. 99
October 10, 2007

Secrecy News Blog: http://www.fas.org/blog/secrecy/

Support Secrecy News:
http://www.fas.org/static/contrib_sec.jsp


**	MANAGING INTELLIGENCE CONTRACTORS
**	CONGRESS URGED TO ADDRESS STATE SECRETS PRIVILEGE
**	INVENTION SECRECY UP SLIGHTLY IN 2007
**	CLASSIFICATION MARKINGS, NOW AND THEN


MANAGING INTELLIGENCE CONTRACTORS

For better or worse, contractors are now an indispensable part
of the U.S. intelligence workforce, and greater attention is
needed to manage them effectively, argues a recent study by a
military intelligence analyst.

The author presents criteria for evaluating contractor support
to various intelligence functions, and applies them in a series
of case studies.

"This study assesses the value of current commercial activities
used within DoD elements of the Intelligence Community,
particularly dealing with operational functions such as
analysis, collection management, document exploitation,
interrogation, production, and linguistic support."

In the best case, interactions with contractors can serve as a
spur towards modernization of the intelligence bureaucracy
itself, suggests the author, Glenn R. Voelz, a U.S. Army Major.

"Collaborative effort with nongovernmental entities offers a
powerful mechanism to diversify and strengthen the IC's
collection and analytical capabilities, but to fully realize the
benefit of these resources the management and oversight of
commercial providers must become a core competency for all
intelligence organizations."

A copy of the study, published by the Joint Military
Intelligence College, was obtained by Secrecy News.

See "Managing the Private Spies: The Use of Commercial
Augmentation for Intelligence Operations" by Maj. Glenn J.
Voelz, Joint Military Intelligence College, June 2006:

http://www.fas.org/irp/eprint/voelz.pdf

Also on the general subject of contractors, there is a January
2003 U.S. Army Field Manual entitled "Contractors on the
Battlefield," FM 3-100.21:

http://www.fas.org/irp/doddir/army/fm3-100-21.pdf

Among the more or less successful intelligence collaborations
with industry that were examined by Maj. Voelz, there is nothing
quite like the Bush Administration's use of telephone companies
to support the warrantless interception of domestic
communications, a probable violation of the law for which the
Administration is now urgently seeking retroactive immunity.


CONGRESS URGED TO ADDRESS STATE SECRETS PRIVILEGE

If foreign terrorists set out to undermine confidence in the
American legal system as an arbiter of justice, they could
hardly do more damage than the Bush Administration has done by
its use of the "state secrets" privilege.

Khaled el-Masri, who alleged that he was abducted and tortured
by the Central Intelligence Agency, will not be permitted to
argue his case in a U.S. court because the Bush Administration
asserted that "state secrets" would be compromised, and the U.S.
Supreme Court this week concurred, rejecting el-Masri's appeal.

This means that even if all of el-Masri's allegations are true,
there is no legal remedy available to him. The courthouse doors
are closed in the United States. That is bad law and bad policy.

It also seems to be unnecessary, since courts have long
demonstrated an ability to securely handle highly classified
information, and have frequently done so in espionage trials and
certain other criminal cases.

Recently, a group of law professors, scholars and activists
urged Congress to confront the executive branch's use of the
state secrets privilege, and to establish new constraints on the
privilege.

"Congress has a duty to examine how the state secrets privilege
is being invoked by the executive branch and interpreted by
federal courts. There is a need for new rules designed to
protect the system of checks and balances, individual rights,
national security, fairness in the courtroom, and the adversary
process," they wrote.

"Congress possesses the constitutional authority to act, and it
should do so."

The October 4 letter, coordinated by the nonprofit Constitution
Project, may be found here:

http://www.constitutionproject.org/libertyandsecurity/article.cf
m?messageID=428&categoryId=3


INVENTION SECRECY UP SLIGHTLY IN 2007

At the end of Fiscal Year 2007, there were a total of 5,002
invention secrecy orders in effect under the Invention Secrecy
Act of 1951, up from 4,942 the year before.

U.S. government agencies imposed secrecy orders on 53 patent
applications filed by private inventors in FY 2007, prohibiting
their disclosure or export, according to statistics obtained by
Secrecy News this week from the U.S. Patent and Trademark
Office.

The so-called "John Doe" secrecy orders imposed on private
inventors are a constitutional anomaly since they appear to
infringe on private speech. But their constitutionality has
never been successfully challenged in court.

See the latest invention secrecy statistics here:

http://www.fas.org/sgp/othergov/invention/stats.html

Some related background on invention secrecy is here:

http://www.fas.org/sgp/othergov/invention/index.html


CLASSIFICATION MARKINGS, NOW AND THEN

The Information Security Oversight Office has published an
expanded guide explaining how to properly mark classified
documents. See "Marking Classified National Security
Information," October 2007:

http://www.fas.org/sgp/isoo/marking.pdf

A 1972 monograph prepared at the National Archives reviews the
history of information control markings on military documents
back to the 19th century and traces their development up to
World War II. Such markings represent part of the pre-history of
today's national security classification system.

See "Origins of Defense-Information Markings in the Army and
Former War Department" by Dallas Irvine, National Archives Staff
Information Paper, 1972:

http://www.fas.org/sgp/library/irvine.pdf

A sizable collection of historic military regulations relating
to protection of confidential information is presented in a
series of annexes to the paper (5 MB PDF).

http://www.fas.org/sgp/library/irvine-annex.pdf




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

The Secrecy News Blog is at:
http://www.fas.org/blog/secrecy/

To SUBSCRIBE to Secrecy News, go to:
http://www.fas.org/sgp/news/secrecy/subscribe.html

OR email your request to saftergood.nul

Secrecy News is archived at:
http://www.fas.org/sgp/news/secrecy/index.html

SUPPORT Secrecy News with a donation here:
http://www.fas.org/static/contrib_sec.jsp


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