Secrecy: Leaks Prosecutions

ODNI Clarifies New Pre-Publication Review Policy

By Jack Goldsmith
Sunday, May 11, 2014, 4:01 PM

On Friday I said that on a quick read, the Obama administration’s new pre-publication review policy seemed "overbroad to the point of practically unenforceable.”   Friday afternoon, as Marty Lederman noted, the Office of the Director of National Intelligence distributed a memorandum that sought to clarify that the new policy was being interpreted more broadly than was intended.  Marty’s reaction to the new memorandum:

It appears to me that this memorandum, if implemented, would ensure that the new policy looks a whole lot like a combination of Snepp and Touhy regulations--which, as I explained in my earlier post, ought to be constitutionally sound.  This doesn't mean it's perfect:  There are still some issues and ambiguities left unaddressed; and it would be ideal if these qualifications were incorporated into Instruction 80.04 itself, in order to guide decision-makers through the years.  A similar clarification should be issued with regard to IC Directive 119, as well.  But this is, I think, a substantial improvement/clarification.