Latest in Secrecy: Leaks Prosecutions

Secrecy: Leaks Prosecutions

Reactions to NYT Story on North Korean Cyber Penetration

David Sanger and Martin Fackler write in the NYT that the NSA “drilled into the Chinese networks that connect North Korea to the outside world, picked through connections in Malaysia favored by North Korean hackers and penetrated directly into the North with the help of South Korea and other American allies,” and also placed malware in North Korean


On Journalists’ Claims for Immunity From Legal Accountability

I think I am unusual among former government officials in arguing that the publication of national security secrets can promote democracy and good government.  Such publications are often costly, sometimes very costly, to national security – more so than is generally realized.  But as I wrote in Power and Constraint, “it does not follow that the media’s pursuit of government secrets is bad for American society, or even for national security, all things co

Secrecy: Leaks Prosecutions

ODNI Clarifies New Pre-Publication Review Policy

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. 

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