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Location: UFOUpDatesList.Com > 2007 > Sep > Sep 10

Secrecy News -- 09/10/07

From: Steven Aftergood <saftergood.nul>
Date: Mon, 10 Sep 2007 15:00:02 -0400
Archived: Mon, 10 Sep 2007 17:40:20 -0400
Subject: Secrecy News -- 09/10/07


SECRECY NEWS
from the FAS Project on Government Secrecy
Volume 2007, Issue No. 90
September 10, 2007

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

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


**   LEAKS LED TO IMPRISONMENT OF SOURCE, CIA SAYS
**   PRESIDENT'S DAILY BRIEFS MAY BE WITHHELD, COURT RULES
**   DOMINICAN REPUBLICAN RATIFIES CTBT
**   NEW REGULATION ON ARMY COMMAND STRUCTURE
**   WORLD LAW BULLETIN


LEAKS LED TO IMPRISONMENT OF SOURCE, CIA SAYS

Unauthorized disclosures of classified information in the press
led to the imprisonment of a CIA source and other damaging
consequences, said Central Intelligence Agency Director Michael
Hayden in a speech last week.

"Some say there is no evidence that leaks of classified
information have harmed national security. As CIA Director, I'm
telling you there is, and they have," Hayden told the Council on
Foreign Relations.

"Let me give you just two examples:  In one case, leaks provided
ammunition for a government to prosecute and imprison one of our
sources, whose family was also endangered. The revelations had
an immediate, chilling effect on our ability to collect against
a top-priority target."

"In another, a spate of media reports cost us several promising
counterterrorism and counterproliferation assets. Sources not
even involved in the exposed operation lost confidence that
their relationship with us could be kept secret, and they
stopped reporting."

"More than one foreign service has told us that, because of
public disclosures, they had to withhold intelligence that they
otherwise would have shared with us. That gap in information
puts Americans at risk."

"Those who are entrusted with America's secrets and break that
trust by divulging those secrets are guilty of a crime. But
those who seek such information and then choose to publish it
are not without responsibilities."

In his comments on unauthorized disclosures, Director Hayden did
not address wrongful withholding of information, and did not
acknowledge any reasons why American might be skeptical of CIA
disclosure policies. "CIA acts within a strong framework of law
and oversight," he said.

The text of his September 7, 2007 speech is here:

http://www.fas.org/irp/cia/product/dcia090707.html

While leaks have been a perennial problem from the government's
point of view, it does not follow that new legislation to combat
them is a fitting solution.

"I am not aware of a single case involving the unauthorized
disclosure of classified information that would have been
prosecuted but could not be because of the lack of statutory
coverage," said Attorney General John Ashcroft in testimony
prepared for the Senate Intelligence Committee in 2001.

The Ashcroft testimony, dated September 5, 2001, represents a
missing link between the testimony of Janet Reno on the same
subject on June 14, 2000, and a subsequent report to Congress on
leaks that was submitted by Mr. Ashcroft in October 2002.

The testimony was approved by the White House Office of
Management and Budget, according to a handwritten notation on
the document, but the scheduled Intelligence Committee hearing
was cancelled and the Ashcroft testimony was never delivered.

A copy of the text was obtained under the Freedom of Information
Act by Michael Ravnitzky.

http://www.fas.org/sgp/othergov/ashcroftleaks.pdf


PRESIDENT'S DAILY BRIEFS MAY BE WITHHELD, COURT RULES

Two editions of the President's Daily Brief (PDB) dating from
the Johnson Administration may be withheld from disclosure by
the CIA, a federal appeals court ruled last week.

The court deferred to a CIA argument that despite their age, the
40 year old records could compromise protected intelligence
methods.

However, the court rejected a CIA claim that the PDB is itself
an intelligence method that is inherently exempt from
disclosure.  As a result, each decision to withhold a particular
PDB must be independently justified.

The records were sought by political scientist Larry Berman, who
was represented by the San Francisco law firm Davis Wright
Tremaine and the National Security Archive.

In explaining its decision, the appeals court suggested that CIA
had too much legal authority to withhold information from the
public.

The court noted its view that the Agency's authority to withhold
is so expansive that it "might be contrary to congressional
intent," and the judges recalled that in a 1992 decision (Hunt
v. CIA), "we have invited Congress to 'take the necessary
legislative action to rectify' that disparity."

"Congress, however, has to date left the NSA [National Security
Act] materially unaltered and so we must continue to afford the
CIA broad deference."

A copy of the September 4 appeals court ruling in Larry Berman
v. Central Intelligence Agency is here:

http://www.fas.org/sgp/jud/berman090407.pdf

See also "CIA briefs kept sealed: Court rules against UC Davis
professor" by Sharon Stello, Davis Enterprise, September 5:

http://www.davisenterprise.com/articles/2007/09/09/news/123new2.txt


DOMINICAN REPUBLICAN RATIFIES CTBT

The Dominican Republic this month became the 140th nation to
ratify the Comprehensive Test Ban Treaty that would prohibit all
nuclear explosions, the CTBT Organization announced last week.

http://www.fas.org/irp/news/2007/09/dr-ctbt.html

The Treaty has not been ratified by North Korea, China, Iran,
Israel, India, Pakistan or the United States, among others.


NEW REGULATION ON ARMY COMMAND STRUCTURE

The organizational structure of the United States Army may be
confusing to anyone who is not routinely involved with it, and
probably also to some who are.

A new Army Regulation aims to clarify the missions and functions
of each Army Command, as well as defining command relationships
within and among the Commands.

See "Army Commands, Army Service Component Commands, and Direct
Reporting Units," Army Regulation 10-87, 4 September 2007:

http://www.fas.org/irp/doddir/army/ar10-87.pdf


WORLD LAW BULLETIN
 The World Law Bulletin is a monthly publication of the Law
Library of Congress that reports on significant or interesting
legal developments in countries around the world.

For its own peculiar reasons, the Law Library has declined to
make this serial available to the public.  (In response to
insistent pleas, a derivative publication called the Global
Legal Monitor was created last year for public release.)

But now a collection of back issues of World Law Bulletin,
dating from October 2000 to March 2006, has become publicly
available through alternate channels.

Its most enduring value may be in the legal responses to
terrorism that are described in the months following September
2001.  But the Bulletin also contains all kinds of legal odds
and ends that one is unlikely to encounter elsewhere.  ("Latvian
lawmakers adopted a resolution that imposes weight limits on
children's school bags following a study which concluded that 60
percent of Latvian students have posture problems.")

Copies of the World Law Bulletin dating from July 2001 to April
2005 were obtained by Michael Ravnitzky who kindly shared them.

The whole collection may be found here:

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



_______________________________________________
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


_______________________
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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