Last Tuesday, I enjoyed a lively discussion on “Reconciling Liberty and Security” at a conference headlined, “Hindsight: Fifteen Years of the War on Terror” at Fordham Law School’s Center for National Security. My panel included David Cole, Jameel Jaffer, Matthew Olsen, Matthew Waxman, and Michel Paradis. Video of the panel is here:
Editors Note: This article was cross-posted with the Federalist Society
On Tuesday, Director of National Intelligence Clapper announced a plan to implement a new set of transparency principles for the Intelligence Community. This is the latest in a series of Intelligence Community initiatives to disclose more information about how the agencies do business.
The intelligence community has no set of general principles for judging the privacy impact of their programs. Some privacy scholars believe that the Fair Information Protection Principles (FIPPs) serve this purpose and can apply to intelligence programs as they do to myriad other government programs. The NSA itself said in a recent report on collection under Executive Order 12333 that it was applying the FIPPs for the first time.